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HOLDEN — The town of Holden has temporarily evaded a lawsuit from Attorney General Andrea Campbell’s office regarding its refusal to comply with a law aimed at increasing housing density near commuter rail stops. This law, part of the 2021 MBTA Communities Act, mandates that towns with MBTA stations or those adjacent to such towns, like Holden, establish zones that permit multi-family housing by right.
Although not compelled to construct housing themselves, these communities are encouraged to make it possible to build multi-family units in town in order to increase the number of rental and sale options. Non-compliance poses risks of litigation and loss of funding for other projects, as noted on the Attorney General’s website.
Despite the legal implications, Holden Town Manager Peter Lukes reaffirmed the town’s stance to MassLive on Tuesday, citing the proposed dense zoning area as incompatible with the town’s predominantly suburban-rural character. Lukes likened the incongruity of high-rise buildings in Holden to “a farm in the middle of downtown Worcester.”
This stance comes despite a lawsuit filed against Holden in August 2023 by the Central Massachusetts Housing Alliance, a low-income family, and a local homeowner, which was dismissed by a judge in December. The plaintiffs argued that Holden’s non-compliance exacerbated the state’s housing crisis.
In a statement to MassLive, Campbell indicated that Holden, like other adjacent or commuter rail towns, has until the end of 2024 to align with the law. She praised most communities for their efforts to comply and emphasized her office’s commitment to assisting towns in meeting the deadline.
Meanwhile, the town of Milton faced a similar challenge. Required to have a designated zoning district by December 2023, Milton missed its deadline, leading to a lawsuit by Campbell in February 2024 after voters rejected the proposal. The town’s legal defense argues that the law’s wording suggests the zoning is optional, a position not recognized by the Attorney General.
Despite the legal challenges faced by other towns and the potential for future litigation, Lukes stated that Holden remains opposed to the MBTA Communities Act, advocating instead for multi-family projects that align with the existing community character and zoning laws.
