HANSON — The town has filed suit against the Commonwealth, arguing that the MBTA Community Act is an unfunded mandate.
Hanson Select Board issued a statement about lawsuit on March 6.
Contacted Monday, March 17. Select Board Chair Laura FitzGerald-Kemmett said the statement completely expressed the board’s objections to the MBTA Communities Act and that there was little to add.
“We know we’re in a minority,” FitzGerald-Kemmett said. “But we’re committed to doing the will of the people and that’s the message we got at Town Meeting.”
Hanson is the fifth community to file suit in a new legal fight against the transit hub housing law, joining Marshfield, Middleborough, Middleton and Wrentham in maintining that the MBTA Communities Act represents an unfunded mandate, following an opinion issued by Massachusetts Auditor Diana DiZoglio’s office to that point in February.
According to published reports Gov. Healey’s office said DiZoglio’s opinion has no weight and that the state has provided close to $8 million in funding to help communities rewrite their zoning. Her office also created a fund to help compliant communities support new construction, offering money to help pay for things like infrastructure improvements and land acquisition, according to a spokesman.
In January, the Supreme Judicial Court ruled that the state can in fact force communities to comply with the MBTA Communities Act, if the state rewrites the housing law’s regulations.
The following is the Hanson Select Board’s statement:
“Last Thursday, [March 6] the Town commenced legal action against the Commonwealth, seeking relief from enforcement of the so-called MBTA zoning law and also seeking release of vital grants that have been frozen by the State.
“The Town’s suit arises from a recent determination from the State Auditor that the MBTA zoning law constitutes an unfunded mandate. Under such determination, the Auditor, through its Division of Local Mandates, directed the Commonwealth’s housing agency, EOHLC, to provide the required information on the fiscal impact of the law.
“To date, the Commonwealth has refused to do so and has emphatically declared that it will enforce the law, including the requirement that Hanson pass a complying zoning bylaw by July 14.
“Hanson voters overwhelmingly defeated an article concerning an MBTA zoning bylaw amendment, 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 services.
“The Hanson Select Board determined that the most practical and fiscally responsible way to compel the Commonwealth to provide the necessary financial impact information 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 financial costs of compliance. Hanson has been joined by four other communities in bringing suit against the Commonwealth.
“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.”
