Halifax Rejects MBTA Multi-Family Housing Overlay District
Residents vote against state-mandated zoning change, risking loss of grants and potential legal action
HALIFAX - December 16 - Halifax residents voted overwhelmingly to reject a state-mandated multi-family housing overlay district at a special town meeting on Dec. 16, 2024. The decision could result in the loss of discretionary grant funding for the town and potential legal action from the state Attorney General.
The meeting, held at Halifax Elementary School, saw a packed gymnasium as residents gathered to vote on two articles, with the MBTA Communities Multi-family Overlay District being the most contentious.
Board of Selectmen Chair John Bruno explained the state law requiring MBTA communities to adopt an overlay district allowing multi-family development as a matter of right. "Halifax is designated as an MBTA community. We can go into detail as to why that is, but the short answer is that it's because we have a railroad station," Bruno said.
The proposed bylaw would have created an overlay district of approximately 194 acres, primarily in the Twin Lakes development and adjoining land between Twin Lakes and the railroad track.
Bruno outlined the potential consequences of non-compliance, including "loss of discretionary grants" and the possibility that the Attorney General "will seek civil enforcement against any town that doesn't comply with the law."
Despite these warnings, all three selectmen expressed reservations about the state mandate. Chair Bruno stated, "The Board of Selectmen has serious concerns with the law itself. We have proposed this bylaw and tonight's town meeting so that we are giving the town the opportunity to be in compliance."
Selectman Jonathan Selig announced he would vote against the article, saying, "My duty remains first and foremost to do the will of the people of Halifax, not the state of Massachusetts."
Selectman Thomas Pratt echoed this sentiment, stating, "Halifax is different than Hanson, different than Middleborough, different than every other city and town in the Commonwealth. We don't fit in a box, and we shouldn't acquiesce to the state from their 40,000-foot view from above."
The Planning Board did not recommend the article, and the Finance Committee made no recommendation, citing their understanding of "both sides of the equation and the financial impacts."
Residents voiced their opinions during a brief debate period. Jeff Bolger of Brandeis Circle encouraged a no vote, saying, "We've got a governor who goes nationally and says, I'm going to defy federal immigration law. If she can do that, we can certainly say no to this."
After calling the vote, the majority of residents raised their red cards, signaling opposition to the overlay district. The motion did not pass.
The decision puts Halifax at odds with the state's MBTA Communities law, which requires certain municipalities to zone for multi-family housing near transit stations. The town now faces potential loss of state funding and legal challenges.
In other business, the town approved an article regulating personal watercraft use on East and West Monponsett Pond. The new bylaw requires residents to obtain a permit for personal watercraft use and restricts launching locations and hours of operation.