The MBTA Communities Act requires towns and cities to allow for zoning to build multi-family housing near train stations.
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The town of Milton, Massachusetts continues to push back against the MBTA Communities Act.
The law requires towns and cities to allow for zoning to build multi-family housing near train stations, an effort to increase available housing in the state. But Milton argues it should be exempt. Last night, the Select Board voted 3 to 2 against sending an action plan to the state.
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Cities and towns not in compliance with the state law were told to send a plan by February 13. Milton is arguing their town should be classified as an "adjacent community" rather than a "rapid transit community" because the town administrator said the Mattapan line shouldn't be considered the same as the T's subway lines.
Instead of sending a plan, the board voted in favor of sending a letter to request the chance to discuss the town's status.
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This is just the latest back-and-forth in Milton over the law. Last year, the town voted down changes to its zoning laws, which resulted in a lawsuit from the state's Attorney General's Office. The controversy brought the issue to the Supreme Judicial Court of Massachusetts, which found that Milton would have to comply with the law, but also gave towns and cities more time to meet the requirements, citing issues with the guidelines presented by the state. The state came back with a new plan and gave towns more time to meet the regulations after the ruling.
Milton town officials at the time said they saw the ruling as a victory because it questioned the existing guidance and left open the question of how to consider the Mattapan trolley line.
There are 177 municipalities that host or are adjacent to MBTA service impacted by the law. Milton is among 30 communities who did not meet the deadline for finalized zoning changes.
According to the state, of those 30 communities, 24 communities submitted approved action plans and now have until July 14 to locally pass zoning changes to then submit to the state. Four communities failed to submit an action plan - Milton, Halifax, Marshfield, and Middleborough. Two submitted insufficient action plans that did not include proposals to bring zoning to their local legislatures: Middleton and Ipswich.
"The majority of MBTA communities are working hard to adopt new zoning that will allow for more housing near public transportation. We will continue to provide support and assistance to towns that have yet to act, and we are committed to helping compliant communities turn their hard work into new housing and to lower housing costs for all residents,” wrote Executive Office of Housing and Livable Communities Secretary Ed Augustus in a statement.
