Multi-Family Zoning Requirements for MBTA Communities

Blackbird said:
Can someone summarize for non-subscribers?
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The article discusses a recent Massachusetts Supreme Judicial Court ruling on the MBTA Communities Law, which aims to address housing shortages by requiring towns served by the MBTA to create zoning for multifamily housing near transit stations. Key points include:

  1. Ruling Highlights:
    • The court upheld Attorney General Andrea Campbell’s authority to enforce the law and sue noncompliant towns, such as Milton.
    • The law is mandatory, not voluntary, and towns must adhere to its requirements.
  2. Guidelines Invalidated:
    • The court found that the state’s detailed zoning guidelines were improperly established without a formal regulatory process, rendering them legally ineffective. These guidelines must be revised and reissued.
  3. Impact on Housing Strategy:
    • The MBTA Communities Law is central to Massachusetts’ effort to address its housing crisis, with 116 towns already adopting zoning changes and 3,000 new housing units in the pipeline.
    • Governor Maura Healey’s administration plans to issue emergency regulations to address the ruling and continue the program’s progress.
  4. Conflict and Broader Implications:
    • The case highlights tensions between state and local authority over zoning and housing policy.
    • Milton’s resistance to the law reflects broader debates about local control and the state’s role in solving regional housing issues.
The ruling is considered a victory for state housing advocates but introduces procedural hurdles that could slow the law’s implementation.
 
Blackbird said:
Can someone summarize for non-subscribers?
Click to expand...

The SJC unanimously ruled that the AG has the authority to sue towns such as Milton to enforce compliance with the MBTA communities Act.

However, the court invalidated the state’s detailed zoning guidelines for the law, citing an improper public process. These guidelines, which shaped the rollout of the law, must now be reissued, which may potentially delay implementation. Healey’s office plans to issue emergency regulations to address the issue.
 
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Bottom line: total defeat for Milton and any city or town refusing to comply based on Milton's position. The MBTA Communities Act is mandatory, and the AG can enforce it.

In addition to wasting everyone's time with an argument they were repeatedly told was dead wrong, Milton taxpayers will be on the hook for the likely hundreds of thousands of dollars in legal fees that Milton paid Goodwin (one of the most expensive law firms in the country for those that don't know) defending this lawsuit. Maybe the Milton Planning Board can hold a bake sale.
 
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