Saugus Town Meeting 2025

Members vote 35–2 at Special Town Meeting in support of multifamily overlay district article to comply with state law

By Mark E. Vogler

At least on paper, the Town of Saugus is doing its part to address the state’s housing affordability crisis while showing an effort to comply with a state law requiring communities served by the MBTA to have at least one reasonably sized zoning district where multifamily housing can be built. Members voted 35-2 at Monday’s Special Town Meeting in support of a warrant article amending the town’s Zoning By-laws to add an MBTA Communities Multi-Family Overlay District (MCMOD). There were 12 members absent. Precinct 2 Town Meeting Member Peter A. Rossetti, Jr. and Precinct 6 Town Meeting Member Jeanie Bartolo opposed the measure in a roll call vote without explaining why.

But it was clear from the few members who spoke on the warrant article that an overwhelming majority were convinced its approval was necessary to avoid a potential lawsuit by the state Attorney General’s Office with the potential for possible fines and loss of millions of dollars in state funding. Saugus is one of about 177 communities that are subject to the MBTA Communities Law, and it had a July 14 deadline to enact a compliant zoning district.

“If we fail to comply, the town would face serious risks, the potential cost of litigation from the attorney general and the likely loss of eligibility for a range of state funding,” Planning Board Chair John O’Brien, also a Precinct 1 Town Meeting member, told colleagues, explaining the Planning Board’s 4-0 vote recommending the article’s passage.

O’Brien noted the multi-family overlay district was “carefully targeted,” covering 13 parcels along Route 1 that are already developed or approved for multi-family mixed-use or commercial uses. O’Brien said the approach allows the town to meet state requirements “without opening up any new areas of the town to unwanted or inconsistent development.”

“It also helps preserve our single family neighborhood by focusing on new housing opportunities along Route 1 corridor. After considering the testimony of legal requirements, the Planning Board voted unanimously, 4-0, to recommend passage of Article 1,” he said.

Serious financial risks for fighting state

Town Manager Scott C. Crabtree spoke at length in support of the article, while acknowledging “this isn’t a great situation,” while noting the town has worked closely with a consultant and special counsel over the past year in crafting an article which makes the best of the town’s circumstances. “The MBTA Communities zoning requirement (known as Section 3A of Chapter 40A) is a state law that mandates cities and towns served by the MBTA to adopt zoning that allows for by-right multifamily housing development,” Crabtree said.

“The Town’s goal with this zoning article is to get credit for housing that is already built, approved, or in the development pipeline — so that we can meet the state’s requirements without opening the door to unplanned, unexpected, or inappropriate new development,” Crabtree said.

“By creating this overlay district on Route 1 — away from our established residential neighborhoods — we are taking a targeted approach that protects the character of our community,” the town manager said.

“If we do not comply by the state’s deadline of July 14, 2025, the Town faces the risk of a lawsuit by the Attorney General’s Office, which could be very costly and difficult to defend. In addition, we would risk losing access to key state grants and other funding sources,” he said. “While no plan is perfect, this approach minimizes the risk of unwanted development and brings us into compliance so we can move forward and protect the Town’s future.”

A resident speaks her mind in opposition

Kerry Hogan, a Maple Street resident, was the only non-town official representative who spoke about the article. Hogan said she would have preferred to see the town fight the state. “I personally see no benefit to our town by passing this. But I understand that due to the overreach of the state, we have almost no option but to comply,” Hogan said.

“I look at this and I see a bill that is designed to improve walkability and limited vehicles, but this has a requirement of a minimum of two cars per unit and potentially 2,600 cars on Route 1. I look at this and see an impact to the schools that are already bursting at the seams. I’m worried about our police, who are already understaffed, and our firefighters and emergency services,” Hogan said.

“But mainly, I see no benefit to the residents. I see 1,163 units, and the residents here are, just like everybody else in the nation, we’re facing a housing crisis, too,” she said.

“I would like to see something that was worked into this in some way, shape or form that will give at least a benefit to residents to give them first crack at the apartments, at the bare minimum. We’re all struggling with housing, too.

“I would like to say ‘No’ and be one of the towns that fights this. I know that’s something this town isn’t going to do. It’s incredibly disheartening to have an article that is so impactful to our town and we have seven members of the public [in the audience] and 12 absent Town Meeting members.”

Selectman Michael Serino testified that a number of residents he had spoken with were “not happy about this [the article].” “I’m not either,” he added.

“But I think, strategically — the consultant, the manager and the attorney… They did a good job of putting this together. It uses existing housing that has already been built on Route 1 and doesn’t have any impact on the town in our neighborhood,” Serino said.

Serino noted his opposition to efforts by developers to propose multifamily housing projects in parts of town that he didn’t consider desirable, like Cliftondale Square. Those efforts failed. “After Cliftondale Square, I wouldn’t be surprised if they offer this type of development in Saugus Center,” Serino said.

“I think this is really the best option for the town. I think they did a good job. It protects our neighborhood and the character of our town as a small town,” Serino said.

Precinct 10 Town Meeting Member Martin Costello said he wants to make sure that town officials would continue to monitor the situation so that future projects in the multifamily overlay district don’t have an adverse impact on the town. “I just want to have it on the record that the town manager, the Planning Board and the Board of Selectmen of this town are going to have significant influence as we move forward on this so we don’t get into a situation where we have a ‘Wild West’ situation with development along the corridor where the MCMOD projects are supposed to commence,” Costello told his colleagues.

Attorney General Andrea Joy Campbell filed a lawsuit last year against the Town of Milton for failure to comply with the MBTA Communities Law. Defending that lawsuit has cost the town more than a million dollars while exposing Milton to possible fines and potential loss of state funds.

The bipartisan MBTA Communities Law was passed by the Legislature overwhelmingly in 2021 and was signed into law by then-Governor Charles D. Baker. State officials regard it as an important step to address the Commonwealth’s housing crisis by providing more multifamily housing, the shortage of which causes housing prices to continue to rise.

“The housing affordability crisis disproportionately impacts working families, young people, and communities of color, and impedes the state’s economic growth. The MBTA Communities Law also mandates that the housing must be suitable for families with children and not age restricted,” Campbell’s Office said.