HOLDEN — The Town of Holden has announced its intention to comply with the MBTA Zoning Law, submitting an action plan to the state nearly two years after facing a lawsuit over noncompliance, according to a statement from Lawyers for Civil Rights (LCR) and a letter from the Holden Town Manager.
The MBTA Communities Act of 2021 requires 177 cities and towns near transit lines to establish “at least one district of reasonable size in which multifamily housing is permitted as of right.” In 2023, LCR, along with the Central Massachusetts Housing Alliance (CMHA) and two Massachusetts residents, sued Holden for failing to meet compliance deadlines. The case, supported pro bono by Brown Rudnick LLP, was the first to argue in court that the law is mandatory, according to LCR’s announcement.
This past January, the Massachusetts Supreme Judicial Court affirmed that the MBTA Zoning Law is indeed mandatory, reinforcing the legal arguments made in the lawsuit. Following the ruling, Holden submitted its action plan to the state earlier this month.
In a letter dated February 13, Holden Town Manager Peter M. Lukes confirmed his “full intention” to present the necessary zoning changes for a vote at Holden’s Annual Town Meeting and to meet the town’s final compliance deadline of July 14, 2025.
With Holden agreeing to move forward with zoning compliance, CMHA and its co-plaintiffs have decided to dismiss the lawsuit, according to LCR’s statement.
“LCR, Brown Rudnick, and our clients are thrilled with this outcome,” said Jacob Love, Senior Attorney at Lawyers for Civil Rights. “We look forward to reviewing the final zoning changes made by Holden and other municipalities, and to the proliferation of multi-family housing across Massachusetts.”