By Joe Stewart

Wrentham’s Select Board’s resolve against the MBTA Communities Act remains firm following a special Town Meeting on December 16 where residents overwhelmingly rejected a proposed overlay zone for high-density housing. The 542 to 53 vote sent a clear message to state officials, even in the face of subsequent legal developments and deadlines.

The initial Town Meeting, held in the packed King Philip Regional High School auditorium, saw passionate debate on the proposed bylaw. While the Planning Board recommended approval, citing minimal impact to Wrentham through designated subdistricts near Elysium Street and East Street, residents voiced concerns about the financial burden and local control. Interim Town Manager Michael King presented projections estimating the potential cost to the town at between $4 million and $13 million annually if all 750 allowable units were built.

Opponents, including Select Board members Chris Gallo, the late Joe Botaish, and Michelle Rouse, characterized the state law as “extortion” and an unfunded mandate. They urged voters to reject the bylaw, citing ongoing litigation in Milton and the need for further analysis from the State Auditor. Their arguments resonated with attendees, who cheered their calls for local autonomy. Leo Immonen, Conservation Commission Chairman and long-time resident, argued for compliance with the law, a stance that was met with jeers from the crowd.

SJC Rules MBTA Communities is Constitutional

Since the December vote, the legal landscape has shifted. On January 8, the Supreme Judicial Court (SJC) ruled the statute constitutional, affirming the Attorney General’s authority to sue non-compliant communities. The SJC also determined that the state’s initial regulatory process was flawed, requiring a re-do. The state quickly responded, publishing emergency regulations on January 14, largely mirroring the previous version, and setting deadlines for non-compliant communities: February 13 for filing an Action Plan and July 14 for enacting compliant zoning.

Despite these developments, the Select Board is holding its ground. At a Select Board meeting on January 28, Interim Town Manager Michael King expressed concern about signing the Action Plan given the overwhelming vote against the overlay zoning and has sought advice from Town Counsel. The board directed King to investigate the possibility of forming a consortium with other non-compliant towns. Select Board member Bill Harrington inquired about this option, signaling a potential unified front against the state.

The financial implications of non-compliance are also becoming clearer. King noted that the state recently awarded Wrentham a $19,000 discretionary grant for firefighter safety, but included a notification that future discretionary grants will be contingent on MBTA Communities Act compliance. This suggests a broader impact on town funding beyond just the initial zoning requirements.

While the Select Board has continued to press the State Auditor for an unfunded mandate determination and a comprehensive financial impact analysis, a response is still pending. King indicated the Auditor will respond “soon.” Despite the pressures from the state, Wrentham appears prepared to continue its opposition. As Select Board member Anderson declared, “Let the fight begin!”

Select Board Calls for Unfunded Mandate Determination 

At a February 4th Select Board meeting, Gallo reiterated the town’s commitment to complying with the law, but emphasized the need for further information before any decisions are made.  He highlighted the desire for a ruling from the State Auditor on whether the law constitutes an unfunded mandate, as well as a comprehensive fiscal impact analysis.  Gallo assured residents that Wrentham remains in compliance and will continue to be so if the required Action Plan is submitted by the February 13 deadline.

Public comment at the meeting revealed a range of perspectives.  Leo Immonen stressed the importance of compliance, highlighting the SJC’s ruling and the potential for a court-appointed special master to override local zoning regulations if the town remains non-compliant.  Tim Rouse criticized the MBTA Communities Act as a “gift to developers,” while Andrea Murphy expressed support for the Select Board’s cautious approach.

Following public comment, the Board discussed the Action Plan and appointed Mike King as the new Town Manager.  King shared that Town Counsel has advised that neither the Town Manager nor the town itself can be held liable for actions outside their control, such as a Town Meeting vote against a compliant bylaw.  He also confirmed that the previously rejected overlay district can be brought back for another vote at the Town Meeting, provided the Planning Board issues a positive recommendation.

Senator Rausch Highlights “Middle Housing”

Adding another layer to the discussion, State Senator Becca Rausch, in a February 5th interview, emphasized the importance of local decision-making in housing matters.  She highlighted Wrentham’s proactive approach in its 2022 Master Plan, particularly the plans for repurposing the Wrentham Development Center, similar to Medfield’s successful redevelopment of the Medfield State Hospital grounds. Rausch pointed to various state funding programs and initiatives aimed at supporting housing development, including a $200 million bond measure for senior and veteran housing, and the Affordable Homes Act, which allocates $5 billion over five years to increase housing.

Rausch also stressed the need for “middle housing” – starter homes that enable young families to build equity and contribute to the community.  She cited successful collaborations in other towns, such as Plainville’s redevelopment project led by “Diary of a Wimpy Kid” author Jeff Kinney, and Medfield’s Bellforge Arts Center, which has generated significant economic activity in Medfield.

Planning Board & Select Board Approve Action Plan

Finally, a joint meeting was held on February 11 between the Planning Board and Select Board. This meeting centered on finalizing the Action Plan and charting a path forward.

Planning Board Chairman Mike McKnight presented the draft Action Plan, outlining the next steps in the process. He confirmed that the Planning Board intends to move forward with the same bylaw and two overlay zones proposed at the December special Town Meeting. However, another Public Hearing will be scheduled to allow for further public comment. While McKnight acknowledged the possibility of revising the bylaw and zones based on public input, he expressed skepticism about the potential for substantial changes. 

Select Board member Michelle Rouse questioned whether the Planning Board planned to engage in more extensive public outreach beyond the hearing. McKnight responded that they did not but emphasized that the Planning Board and Select Board could convene again after the public hearing to discuss any feedback received.

The discussion then turned to the possibility of collaborating with other non-compliant communities. Select Board member Jim Anderson inquired about Town Manager Mike King’s efforts to connect with other towns facing similar challenges. King reported that 31 communities were required to submit Action Plans by February 13, with only nine having done so thus far. He also noted that two communities, Marshfield and Middleboro, had voted against submitting an Action Plan altogether.

Addressing the potential for changes to the proposed zoning, Select Board member Bill Harrington asked what would happen if modifications were made. McKnight clarified that any changes to the zoning bylaw, whether to the existing zones or the introduction of new ones, would need to be brought before Town Meeting for approval. King reiterated this point, emphasizing that ultimately, any zoning changes must be approved by the Town Meeting.

Select Board member Chris Gallo summarized the key requirements for compliance, stating that the town must submit the Action Plan by February 13 and schedule a vote on a compliant zoning bylaw change at an upcoming Town Meeting. He reiterated the three primary reasons behind the initial rejection of the bylaw: waiting for the outcome of the Milton litigation, waiting for an unfunded mandate determination, and waiting for a fiscal impact analysis.

With these points clarified, the Select Board directed King to submit the Action Plan by the deadline, ensuring Wrentham’s continued compliance with the MBTA Communities Act while preserving the opportunity for further discussion and potential revisions to the proposed zoning bylaw.

With the July 14 deadline approaching, Wrentham faces a critical juncture. Balancing the desire for local control with the legal and financial implications of non-compliance, town officials and Town Meeting voters must carefully weigh their options and chart a course that best serves Wrentham’s interests.