Shortly after Milton residents overturned a state-mandated zoning plan, Attorney General Andrea Campbell took to social media, stating the town will now face legal repercussions.
“I’m disappointed that a select group of Milton residents chose to be part of the problem rather than the solution to our housing affordability crisis,” Campbell posted on X late Wednesday night. “My office has made it clear that compliance with the law is mandatory.”
Residents voted not to comply with the MBTA Communities Act, which requires the roughly 175 cities and towns across Greater Boston to allow at least one zoning district “of reasonable size,” in which multi-family housing is permitted “as of right,” generally half a mile near a transit station.
Results from the town clerk showed that 54% of roughly 9,500 ballots cast during Wednesday’s referendum were against compliance. Residents initially approved a plan at Town Meeting in December after a long series of public hearings and debate between community members.
That plan would have paved the way for construction of more than 2,400 housing units across a handful of neighborhoods across town. But a group dubbed ‘Milton Neighbors for Responsible Zoning’ garnered 3,000 signatures on a petition requesting the zoning article be brought in front of voters as a ballot question, prompting this week’s vote.
In a letter sent to the Select Board and town administrator last month, Campbell outlined how the state Executive Office of Housing and Livable Communities has “expressed clearly to the town” that its eligibility for a “wide variety of state funding” would be impacted if voters rejected compliance with the state law.
“We ask the Town (including its officials, employees, and agents) to preserve all records related to the Town’s consideration of multi-family zoning generally, and the MBTA Communities Act in particular, so that a complete record is available to the Attorney General’s Office and a court if, and to the extent that, an enforcement action is necessary,” Campbell wrote.
“In closing, we are eager to work with the Town to meet its legal obligations,” she added. “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.”
The state Legislature passed the MBTA Communities Act in January 2021, with the Senate adopting the law unanimously and the House favoring it with 143-4 approval. Then Gov. Charlie Baker subsequently signed the act into law.
“The Healey-Driscoll administration is deeply disappointed that Milton’s zoning plan was rejected,” Housing Secretary Ed Augustus posted on X late Wednesday night. “This is not only a loss for #Milton but for our entire state, as we desperately need more #housing near transit to lower costs.”
“While we are hopeful that we can work with the town to put forward a new plan that would bring them into compliance with the #MBTACommunitiesLaw,” Augustus added, “at this time they are non-compliant, which means they will begin losing out on significant grant funding from the state.”
