Holden Will Comply with MBTA Zoning Law

VICTORY! Town of Holden Will Comply with MBTA Zoning Law

Holden submits MBTA Zoning Compliance Plan and States Intention to Abide by the Law’s Zoning Mandate

BOSTON – Nearly two years after being sued, the Town of Holden has said it will comply with the MBTA Zoning Law and has submitted an “action plan” to the state outlining how it will seek to do so. This is a major victory for housing justice in Massachusetts.

The MBTA Zoning Law compels cities and towns with MBTA access to meet zoning requirements that will pave the way for more multi-family housing development. In 2023, Lawyers for Civil Rights joined with the Central Massachusetts Housing Alliance (“CMHA”) and two Commonwealth residents to sue Holden for failing to meet state compliance deadlines. Our case, with pro bono support from Brown Rudnick LLP, was the first to assert in court that the MBTA Zoning Law is mandatory for covered municipalities. 

The Massachusetts Supreme Judicial Court issued a landmark decision this January affirming the arguments initially staked out in our case and holding that the Law is mandatory. In the wake of that definitive ruling, Holden submitted its long-awaited action plan to the state earlier this month. The Holden Town Manager’s accompanying letter confirms that it is his “full intention” to bring the necessary zoning changes “to a vote of Holden’s Annual Town Meeting” and to meet the Town’s final compliance deadline of July 14, 2025.

Having now achieved the full relief they originally sought, CMHA and its co-plaintiffs have agreed to dismiss the lawsuit against Holden. “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.”

Holden’s action plan and the Town Manager’s letter are available here: