AG Office: Rockport Zoning Changes Legal
December 19th at 11:34am.
A group of Rockport residents filed a lawsuit contesting the legality of the Town Meeting process, where Rockport residents voted to approve a allowing ADUs to be built by right, and the establishment of a Transit Oriented Village Overlay District.
The main point of contention was the provision in the Housing Choice Initiative where certain zoning amendments can be approved by a simple majority rather than the previously required two-thirds majority. The Housing Choice Initiative explicitly states the following type of zoning amendments require a simple majority (see Section 5 of Chapter 40A of the general laws):
- Multifamily housing or mixed-use development in an eligible location
- Accessory Dwelling Units, whether within the principal dwelling or a detached structure on the same lot
- Open-space residential development
- A reduction in the amount of parking required for residential or mixed-use development pursuant to section 9
- Adoption of a smart growth zoning district or starter home zoning district in accordance with section 3 of chapter 40R
In response to the filing, Director of the Attorney General’s Municipal Margaret Hurley wrote “We determine that the town did properly adopt the amendments by majority vote, and we reject the opponent’s assertion that the Zoning Act Amendments in Chapter 358 of the Acts of 2020 are unconstitutional”.
In addition, Rockport residents have also filed a lawsuit in Massachusetts Superior Court challenging the multi-family zoning requirements for MBTA communities.
Updates will be posted on the NSR blog.
