Norwell Considers Legal Action After Adopting MBTA Zoning
Town officials weigh joining class action suit against state over forced multi-family housing regulations
NORWELL - December 18 - The Norwell Select Board is exploring the possibility of joining a class action lawsuit against the Commonwealth of Massachusetts after reluctantly adopting new zoning regulations mandated by the MBTA Communities Act.
At their Dec. 18 meeting, board members discussed the town's recent approval of MBTA-adjacent community zoning at a special town meeting, despite concerns about its impact on local control.
"We ended up adopting zoning to at least not suffer the financial consequences immediately, which all of us as taxpayers would have had to make up the slack almost immediately," said Jason Brown, chair of the Select Board.
Brown explained that failing to comply with the new regulations could have resulted in cuts to Chapter 90 road funding and other state grants, potentially forcing tax increases or service reductions.
The MBTA zoning article, which had previously failed to pass at a May town meeting, was brought back for reconsideration due to looming penalties for non-compliance.
"Yes, it was the same article that was before the town in May. No, the board did not bring it back," Brown clarified. "The planning board did not bring it back because we didn't like the outcome of the vote."
He emphasized that the decision came down to a "risk and threat assessment" weighing the consequences of adoption against immediate financial repercussions.
Brown proposed adding an agenda item for January to discuss joining one of the class action suits against the state over the zoning mandate.
"I don't know if we are eligible for that. I think it's something that we should at least have a conversation and explore," he said.
The board plans to invite Town Counsel Bob Galvin to discuss legal options and weigh the pros and cons of potential litigation.
Selectman Brian Greenberg, who presented the zoning article at the special town meeting, has indicated he would be willing to propose repealing the newly adopted zoning if a pending court case in Milton results in a favorable ruling for municipalities.
Town Administrator Darleen Sullivan noted that adopting the zoning provides some local control over where multi-family housing could be developed.
"At least right now it's in location if someone comes in to try to do something. They can only do it in that [zone]. They could only propose something in that spot," Sullivan said.
She added that a community that rejected the zoning is already facing a proposal for multi-family housing outside the intended district.
Brown warned of potentially dire consequences if the town had not complied, including the possibility of a state judge overruling all local zoning to allow multi-family housing anywhere.
"So, at least for the time being we're safe, and I think we're gonna take it as it comes now and decide what our next move, if any, is going to be," he said.
The board acknowledged the difficult position towns face in balancing local preferences against state mandates.
"We had a gun put to our head and say adopt it or else," Brown said, describing the pressure to approve the zoning changes.
The Select Board plans to revisit the issue in January, when they will weigh their legal options and decide whether to join other municipalities in challenging the MBTA zoning mandate.