What legislators meant to include in the MBTA Communities Act – requiring 177 mostly Eastern Massachusetts cities and towns near public transit to zone for a district of reasonable size where multifamily housing is allowed by right – has dredged up an age-old fight over local versus state power.
At issue: Does the attorney general’s office have the ability to use the courts to force Milton’s compliance with the MBTA Communities multifamily zoning law?
Whether we’re talking about Milton or its hangers-on, as long as the Legislature and the Healey administration remain in agreement, towns will eventually need to comply with the MBTA Communities law.
Milton’s Planning Board is starting to develop contingency rezoning plans in case the Supreme Judicial Court orders the municipality to come into compliance with the MBTA Communities law.
Days before attorneys representing Massachusetts state government and the town of Milton face off in a dispute over the MBTA Communities law, Gov. Maura Healey and Attorney General Andrea Campbell sought to spotlight the cities and towns that are taking the opposite tack.
Three former attorneys general, two towns, one state rep and a number of advocates and industry groups have all filed briefs with the the Supreme Judicial Court on whether Attorney General Andrea Campbell has the legal authority to compel Milton to comply with the MBTA Communities Act.
Milton is not putting all of its eggs in one basket as it tries to convince the Supreme Judicial Court that the town doesn’t have to comply with the MBTA Communities Act, but it’s coming pretty close.
First it lost a six-figure state grant. Now, Milton is facing a lawsuit after voters rejected zoning that would have complied with the state MBTA Communities law.
