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Impacts on SHI With The MBTA Communities Act
The MBTA Communities Act is widely criticized for its negative impact on a community's Subsidized Housing Inventory (SHI), compelling the construction of additional housing to meet the Chapter 40B requirement of having 10% of housing units designated as affordable. As of the most recent publication of SHI percentages, only 20% of communities statewide have met or exceeded the 10% target for Safe Harbor compliance with Chapter 40B, despite the law being in effect for approximately 56 years. This is what happens when the state legislature enacts unfunded mandates which is what Chapter 40B and the MBTA Communities Act are despite what the Governor, Lieutenant Governor, Attorney General, and officials from the Executive Office of Housing and Livable Communities (EOHLC) are portraying to intentionally mislead the public.
SJC Decision On The MBTA Communities Act (Milton Case)
The Massachusetts Supreme Judicial Court (SJC) recently issued a pivotal decision regarding the MBTA Communities Act, which aims to increase housing availability by requiring municipalities served by the MBTA to create zoning districts that permit multi-family housing near transit stations.
The Motivations Of Massachusetts Housing Policies
Gordon Gekko’s infamous declaration, “Greed, for lack of a better word, is good,” epitomizes the mindset that has seeped into housing policy, where profit takes precedence over people. This ideology, embraced by profit-driven developers and supported by policymakers who prioritize economic metrics over human needs, has transformed a housing crisis into a lucrative opportunity for exploitation. Instead of creating genuine solutions that ensure safe, affordable homes for working families, these policies encourage the construction of market-rate units masked as “affordable,” catering to investors rather than communities. The result is a system that exacerbates inequality and displacement, perpetuating the illusion of progress while leaving the most vulnerable further behind.
The Massachusetts Housing Market: Not A Shortage But An Affordability Crisis
The narrative surrounding the Massachusetts housing market has often been dominated by the notion of a housing shortage. However, a closer examination reveals a more nuanced reality: the issue is not so much about the number of available units, but rather, the affordability and accessibility of these homes, and implementing the MBTA Communities Act will likely exacerbate the housing affordability crisis.
The Real Impact Of The MBTA Communities Act Revealed
On November 9, 2024, Millbury residents overwhelmingly rejected the MBTA Communities Act zoning amendments, preserving local control over downtown development. The Act’s burdensome compliance requirements would have imposed state oversight while exacerbating local resource challenges, including limited water, wastewater capacity, and an outdated power grid. By opposing the Act, Millbury reaffirmed its commitment to thoughtful, sustainable growth and community-driven solutions that balance housing needs with local priorities.
Millbury Rejects MBTA Zoning Amendments, Sends Clear Message
At Millbury's special town meeting, the majority of registered voters rejected the zoning amendments required by the MBTA Communities Act, effectively placing the town in non-compliance with the Commonwealth of Massachusetts as of January 1, 2025. With the threat of legal action looming, the Massachusetts Attorney General may need to seek a compromise with municipalities or reconsider the law. Millbury's proposed zoning overlay district, which allows defeated proposals to be reintroduced every 60 days, was seen as a strategy to push through unpopular decisions—a tactic that has sparked backlash in other towns.
The overwhelming vote against the zoning amendments sends a clear message that Millbury residents prefer smart, sustainable growth, not large-scale apartment developments. It’s time for the town to halt questionable waivers and variances and ensure that the Planning and Development Department, the Planning Board, and elected officials respect the will of the people. Civic engagement is critical for ensuring that Millbury remains a small town focused on its residents’ needs, not developer interests. Millbury’s residents must remain active in town meetings and hold officials accountable to secure meaningful, long-term change.