IPSWICH – The town is trying to navigate the shoals of the controversial, state-mandated MBTA Communities Law Section 3A by approving a carefully worded action plan for implementing new zoning guidelines.
The SelectBoard voted three to two to submit the plan, saying it would vote on adopting the zoning rules, which could bring almost 1,000 new homes, at a “future Town Meeting.”
The plan, submitted last week to meet the Feb. 13 deadline, did not specify whether it would vote in May in advance of the July 14th deadline or in October at the special Town Meeting.
The law requires Ipswich and most municipalities in eastern Massachusetts to design and approve new zoning district where builders could construct new housing to help slow the rising cost of housing.
Ipswich’s plan would permit the construction of 971 multi-family units within a half-mile radius of the train station. Builders and developers would not have to secure a special permit from the town to build the new housing.
Chair Linda Alexson and Michael Dougherty opposed the plan, saying they would like to wait until the legislators finalize the rules for enforcing 3A before Ipswich before sends in its action plan. Vice chair Charles Surpitski, Sarah Player and Carl Nylen voted to submit the revised plan to the state.
At the end of a public comment period this week, the Executive Office of Housing and Livable Communities (EOHLC) intends to permanently adopt the regulations, which are being challenged in court.
Gov. Maura Healey, who inherited the 3A program from the Gov. Charlie Baker administration, said, “These regulations will allow us to continue moving forward with implementation of the MBTA Communities Law, which will increase housing production and lower costs across the state.”
Under the emergency regulations, Ipswich and other MBTA commuter rail communities that did not meet prior deadlines have until July 14 to adopt 3A-compliant zoning.
Some local opponents of 3A have urged the select board to ignore the deadline.
Town Manager Stephen Crane, who described himself as “risk adverse,” agreed with town Planning Director Alan Manoian that Ipswich could lose some state grants and possibly face a lawsuit by the attorney general if it did not submit the action plan by last week.
Responding to the state lawsuit could also cost the town money, Crane said.
Board member Sarah Player proposed revising the language in the town’s action plan from voting in May to a “future Town Meeting. She said the change would keep Ipswich in compliance at least until the July 14 deadline.
It would also buy the town some “goodwill” with the state, she said.
The state has a hammer to enforce compliance with the municipalities to approve zoning changes. of withholding discretionary grants and appears ready to use it. Town Manager Stephen Crane said the town came close to feeling that hammer when Town Meeting voted last fall not to approve the proposed 3A zoning rules. ♦
