Milton

Milton sued by Mass. after voting to not comply with MBTA housing law

The MBTA Communities Law requires Massachusetts cities and towns to add housing units near high-speed transit

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The Town of Milton is facing continued fallout for its non-compliance with a state housing law for MBTA communities, with Massachusetts Attorney General Andrea Joy Campbell announcing on Tuesday that her office is suing the Boston suburb.

The lawsuit was filed in the Supreme Judicial Court in Suffolk County, and seeks a judge to order the town to come into compliance with the law.

"We expect our constituents to follow our laws, it's no different for municipalities when it comes to our housing crisis," Campbell told reporters Tuesday.

Massachusetts' attorney general is suing Milton after the town voted not to comply with the state's new MBTA Communities Law. She called on the state's top court to bring Milton into compliance. Follow NBC10 Boston on... Instagram: instagram.com/nbc10boston TikTok: tiktok.com/@nbc10boston Facebook: facebook.com/NBC10Boston X: twitter.com/NBC10Boston

The housing law states that every "MBTA community" — defined as a city or town served by the MBTA or adjacent to a community that is — must have at least one zoning district near a transit station where multi-family housing is allowed as of right.

After weeks of campaigning, voters in Milton chose earlier this month not to accept a zoning change that would add close to 2,500 housing units through town.

At a meeting Tuesday night, the Milton Select Board discussed the town's next steps.

Massachusetts has rescinded funding to improve a seawall in Milton — "to put the town on notice," as Housing and Livable Communities Secretary Ed Augustus put it — after the town rejected rezoning required by a new state transportation law.

Some members argued the town needs to come into compliance.

"Everybody knows the consequences," said board member Erin Bradley. "We are acting like we should be above the law."

"We have a housing crisis, and because you have a public good and public transit in your community, you have to come into compliance with this critical piece of legislation," Campbell said earlier.

Some on the select board say the vote of the people needs to be respected, and they vow to fight the state.

"They're trying to put us in a headlock and squeeze us until we say 'Uncle,'" said select board member Richard Wells, Jr. "I feel like we're being bullied."

Milton residents who campaigned on both sides of the issue also shared their reactions to the lawsuit with NBC10 Boston Tuesday.

Elizabeth Dillon, a co-chair of the side that supported rezoning the city in compliance with the law, said she continued to think the town should comply. Denny Swenson, an organizer of the opposition group, still contended that Milton is wrongly classified under the law as a rapid transit community.

"We need to get that right, and then we can work forward on meeting the legislative goals," he said.

The lawsuit comes less than a week after Gov. Maura Healey's administration announced that they have revoked state grant funding for Milton for its lack of compliance.

In a letter to Town Administrator Nicholas Milano, Massachusetts Housing and Livable Communities Secretary Ed Augustus confirmed that Milton will no longer be eligible for a recent $140,800 grant for seawall and access improvements, which was contingent upon compliance with the law. The town also won't be eligible to receive MassWorks and HousingWorks grants and will be at a competitive disadvantage for many other state grant programs. 

State funding for Milton could dry up and Massachusetts could sue following Milton's decision not to re-zone areas near its trolley stops to accommodate more multi-family housing — though the victorious opponents of the measure say they aim to renegotiate.

“The law is clear – compliance with the MBTA Communities Law is mandatory,” Augustus said in the letter. “At this time, Milton is the only rapid transit community in Massachusetts that is not in compliance. If we do not all come together to build more housing, we will not be able to overcome our affordability crisis. We need every community to do their part.” 

You can read the full letter below:

Healey has said last week that she was "very disappointed" in the vote.

Milton voters are weighing in on whether to change zoning to allow a large housing complex that would meet a new state law promoting more housing near transit hubs.

Cities and towns serviced by the MBTA were required to go through the rezoning process, with the intent of housing units being built near transit stops. Locals in Milton have said they don't fall into that category.

"Everyone wants high-speed transit. We don't have it in Milton," Precinct 9 Town Meeting Member Georgia Lee said

After voting no, Lee said her decision was based on where these units would be built in relation to the Mattapan Trolley.

"You would get in your car, you would drive west, then you would park your car — if you could — then get on the trolley and proceed further west to get on the Ashmont T, and then proceed east to Boston," Lee said.

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