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AG Campbell threatens legal action against Milton over MBTA zoning act
Milton passed a zoning bylaw change to comply with the state law, but a petition will bring the decision to a town-wide vote next month.
Massachusetts Attorney General Andrea Campbell has put the Town of Milton on notice, saying that if they are still not in compliance with the MBTA Communities Act after a town-wide vote next month, the state will take legal action to enforce the law.
On Dec. 11, a Milton Special Town Meeting approved a zoning bylaw change to make their community compliant with the state’s MBTA Communities Act, a 2021 law that requires communities near transit lines to change zoning to allow for more multifamily units. The historic vote marked the most significant change to the town’s zoning bylaws in more than 100 years.
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However, a petition will put the zoning change to voters at large on Feb. 13. The Milton Neighbors for Responsible Zoning, who gathered 3,000 signatures for the petition, want to challenge Milton’s designation as a rapid transit community. The group is advocating to vote no on Article 1.
If the referendum passes, Milton will be the last rapid transit community to comply with the MBTA Communities Act. As of now, they are the only town to miss the end-of-the-year compliance deadline, which Brookline met in November.
“It is beyond question that the Commonwealth faces a housing crisis, which is a key factor in the state’s exceptionally high cost of living. Our limited housing supply is also a significant impediment to the economic growth that is needed to keep our communities strong,” Campbell wrote to the town on Jan. 16.
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The Town of Milton told the state’s Executive Office of Housing and Livable Communities on Jan. 10 that their compliance would depend on the results of the town-wide vote.
What happens if Milton does not comply?
In a previous letter, the EOHLC acknowledged Milton’s efforts to comply with the act, including working with the office to develop zoning plans before the December Special Town Meeting.
The EOHLC also outlined consequence of noncompliance including the inability to receive MassWorks, HousingWorks, and Housing Choice grants, which Campbell’s letter to Milton referenced.
“As EOHLC has expressed clearly to the Town, Milton’s eligibility for a wide variety of state funding will be impacted if the Town rejects compliance with the MBTA Communities Act,” Campbell wrote. “Should the Town chart a course in contravention of state law, however, the Attorney General’s Office will carry out its responsibility to enforce the law, without hesitation.”
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