Earlier today, Executive Office of Housing and Livable Communities (EOHLC) filed emergency regulations with the Secretary of the Commonwealth. EOHLC plans to adopt the emergency regulations as permanent regulations following a public comment period.

BOSTON - Representative Ken Sweezey (R-Pembroke) has filed a legislative package to address the deeply flawed Multi-Family Zoning Requirements for MBTA Communities. These zoning mandates codified under Section 3A of Chapter 40A of the General Laws [commonly known as the “MBTA Communities Act”] place unnecessary burdens on municipalities, change the character of our towns, and ignore the limitations of local infrastructure.

The current law forces every MBTA community to adopt zoning permitting dense multi-family housing as of right, regardless of whether the municipality has the resources or infrastructure to support such development. Non-compliance results in severe financial penalties, including the loss of access to vital state funding and grant programs.

Representative Sweezey's proposals provide three distinct paths forward to address these issues.

"Today's development further shows that the Governor and EOHLC do not understand the needs of our communities and the outcry from residents. This is not the long-term reprieve that our residents resoundingly want after record setting town meetings" Representative Sweezey said.

HD1421 calls for a complete repeal of Section 3A, eliminating the sweeping mandates entirely. The current law's one-size-fits-all approach has proven unworkable, unfairly penalizing municipalities that lack the water, sewer, or transit infrastructure necessary to meet the law's requirements. Repealing this provision would restore decision-making power to local governments and relieve communities from the state's overreach.

HD1419 aims to mitigate the law's impact on municipalities by restricting the use of compliance as a condition for receiving state funding, grants, or other programs unless explicitly authorized by statute. It also extends the implementation timeline for any new guidelines issued by the Executive Office of Housing and Livable Communities to December 31, 2028, as the current timeline is neither feasible nor practical for most towns.

Additionally, with lawsuits regarding the zoning law still underway, this bill provides necessary relief to municipalities facing uncertainty and pressure.

HD1420 proposes an exemption for communities that do not have direct access to MBTA railway, subway, or ferry stations. Requiring these towns to adhere to the same zoning mandates as those with transit networks is unreasonable and provides no clear benefits to local residents or the Commonwealth. Imposing such requirements on non-transit communities is counterintuitive to the spirit of the original law.

"Section 3A is an unworkable one size fits all law that ignores the diverse needs and capacities of Massachusetts' cities and towns," said Representative Sweezey.

This legislative package reflects a commitment to addressing the real issues faced by communities across Massachusetts. It offers sensible, practical reforms to a law that has proven to be deeply flawed in both concept and execution. Representative Sweezey invites legislative colleagues to join in supporting these efforts to restore balance and fairness to housing policy in the Commonwealth.

"Four of five communities in the 6th Plymouth have rejected Chapter 3A.

I consider this a mandate from my constituents to oppose this law, and I will continue to work at growing a bipartisan coalition to ultimately repeal the executive overreach and wasteful enforcement," said Representative Sweezey.

We urge Senator Michael Moore, Representative Paul Frost, and our local Board of Selectmen and Planning Board members to support these bills and any efforts to repeal Chapter 40A §3A (the MBTA Communities Act), addressing its government overreach and the financial burdens it imposes on towns and cities. Each constituent immediately should contact their senator and representative to support and vote for HD1419, HD1420, and HD1421.

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