Just days after Massachusetts’ highest court ruled communities with, or near, Massachusetts Bay Transportation Authority service must plan for multifamily housing, the Haverhill City Council will formally receive notice the city’s plan—which allows more than 10,000 housing units—is legal.
Mayor Melinda E. Barrett’s notice to councilors will be heard during next Tuesday night’s regular City Council meeting. In her cover letter, the mayor said she is “pleased to inform the Council that the Executive Office of Housing and Livable Communities has issued a determination that the City of Haverhill is in compliance with the MBTA Communities Act under Section 3A of the zoning act.”
In a letter, dated Jan. 2, state Housing Secretary Edward M. Augustus Jr. notified Barrett that zoning within Haverhill’s Downtown Smart Growth and Merrimack Street Gateway Renaissance Overlay Districts are acceptable. The city’s plans, as WHAV has reported, date back to at least the spring of 2022.
In a challenge to the law brought by the Town of Milton, the Supreme Judicial Court ruled Wednesday the law—which mandates multifamily housing be allowed by right in at least one district—is constitutional. Justices ruled, however, state officials did not file required notices and impact statements. The Executive Office of Housing and Livable Communities must do so before Attorney General Andrea Campbell may take legal action against any community not in compliance.
Augustus noted Haverhill’s combined districts exceed the required 50 acres of land area with a total of 118.5 acres. Although state law doesn’t require housing construction, he said, the city’s areas could accommodate up to 10,045 housing units where fewer than half that number must be allowed by right. The secretary added Haverhill’s districts must allow a maximum density of 118.3 units per acre and the district must be composed of a contiguous area of at least 50%.
Reacting to the Supreme Judicial Court ruling, Gov. Maura Healey called the decision “a major victory for our efforts to increase housing across the state and lower costs. The governor noted “116 communities have said yes to housing and 3,000 new homes are in the pipeline—and those numbers are going to continue to grow…Together, we are going to make housing more affordable for all of the people who keep our communities strong—our teachers, nurses, first responders, small business owners, seniors and families.”
Similarly, Campbell issued a statement, indirectly praising Haverhill and other communities that followed the law.
“Today’s decision is a resounding victory for the Commonwealth and a major step forward in our work to address the unacceptably high cost of housing for our residents. The state’s highest court has made clear that communities subject to the law must allow for additional, responsible development—and that the law is mandatory, not voluntary. I applaud the residents, municipal officials, and communities that have already adopted zoning to help relieve our statewide housing crisis.”