ANOTHER TOWN OPPOSED MBTA ACT
WRENTHAM – The following is a recent statement from the Wrentham Select Board and
Town Manager Michael King
This afternoon, the Town commenced legal action against the Commonwealth, seeking relief from enforcement of the so-called MBTA zoning law.
The Town had previously exercised its rights to seek a determination from the State Auditor that the MBTA zoning law constitutes an unfunded mandate. Ultimately, the Auditor, through its Division of Local Mandates, agreed, declaring that the law constitutes an unfunded mandate and directing the Commonwealth’s housing agency, EOHLC, to provide required information on the fiscal impact of the law including on Town services and infrastructure.
To date, the Commonwealth has refused to do so and has emphatically declared that it will enforce the law, including the requirement that Wrentham pass a complying zoning bylaw by July 14.
Wrentham voters overwhelmingly defeated an article concerning a zoning bylaw amendment at the December Special Town Meeting by a vote of 53 to 542, in large part due to a concern over unfunded obligations. Under the Act, the Town would be required to zone for a minimum of 750 multi-family units at a gross density of 15 units per acre across a minimum of 50 acres. This increase in density would require substantial investment in municipal infrastructure, including educational, public safety, and public works services.
The Wrentham Select Board determined that the most practical and fiscally responsible way to compel the Commonwealth to provide the necessary financial information on impacts to education, public safety, and public works was to file suit in Superior Court. The legal action also seeks to relieve the Town from the duty of complying with the statute until the Commonwealth provides funding to cover the increased budgetary costs of compliance.
The Select Board remains committed to obtaining important fiscal impact information on MBTA zoning compliance and believes that the Commonwealth’s financial analysis is necessary for voters to make an informed decision at Town Meeting on whether to adopt an MBTA Zoning bylaw. ♦
