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MBTA Communities Law: Attorney General vs. Auditor – What It Really Means
Massachusetts Attorney General Andrea Joy Campbell’s response to the State Auditor’s determination on the MBTA communities Act being an unfunded mandate raises critical legal and political concerns. Typically, administrative agencies receive deference when interpreting and applying their own statutes. The AG’s office regularly argues this principle in court. Yet, in this case, when the Auditor applied her statutory authority, Campbell swiftly declared, without legal justification, that the Auditor was “wrong.”
Outcome Of Board Of Selectmen MBTA Communities Act Discussion
The Millbury Board of Selectmen’s meeting focused on the town’s stance regarding the MBTA Communities Act. Scott Despres emphasized that if voters reject the Act again on May 6, 2025, the Board will not push for additional votes. Discussions revealed differing views on whether the Board pressured the Planning Board to act. Resident Steve Stearns presented nine alternative zoning options, primarily focused on East Millbury, analyzing factors such as wetlands, sewer access, and proximity to transit. The Board leaned toward Option 7, located in Millbury’s northeast corner. A placeholder for a revised zoning amendment was approved, with a final vote set for the next meeting. Despite ongoing discussions, opposition to the Act remains strong among officials and residents, making another Town Meeting defeat a real possibility.
Millbury Planning Board Decision On MBTA Communities Act Town Warrant Article
After much indecision and without a clear strategy, the Millbury Planning Board, under pressure from the Millbury Board of Selectmen, narrowly voted 3 to 2 to propose another town warrant article for the MBTA Communities Act at the annual town meeting. This decision disregards the overwhelming majority of registered voters who participated at the special town meeting on November 9, 2024, decisively rejected the MBTA Communities Act zoning amendments. Despite this clear message from residents, the Board of Selectmen chose to discount the vote, driven by fear of repercussions from the Commonwealth of Massachusetts. It was clear that most Millbury Planning Board members were not in favor of reintroducing the MBTA Communities Act zoning amendments and do not support the Act itself, as they acknowledged the strong opposition from residents. However, despite this, they moved forward, bringing the matter back before registered voters.
Millbury MBTA Communities Act Options To Discuss
As many are aware, on November 9, 2024, the majority of registered voters who participated in a vote on Article 8, the MBTA Communities Act zoning amendments, which were overwhelmingly rejected. Despite this, the Millbury Board of Selectmen has chosen to pursue another vote on the amendments, citing concerns over potential reprisals from the Attorney General. The Board has explicitly stated that if the Millbury Planning Board did not propose a zoning amendment, they would take the initiative themselves. This decision directly contradicts the will of the voters, who have already made their stance on the MBTA Communities Act clear.
The MBTA Communities Act: A Costly, Unfunded Mandate For Towns
The Massachusetts State Auditor has ruled the MBTA Communities Act (M.G.L. c. 40A § 3A) an unfunded mandate, placing financial strain on towns. Learn about the implications, legal challenges, and potential next steps for municipalities.
The Hidden Costs Of Rapid Growth: A Crisis Of Drinking Water
Massachusetts is facing a water emergency. The Commonwealth has declared a Level 3 Critical Drought in the Central and Northeast Regions, with conditions worsening across several areas, escalating from Significant (Level 2) to Critical (Level 3) Drought Status. As the crisis deepens, the need for immediate action has never been more urgent.
What contingency plans are in place to confront this escalating crisis? How are communities safeguarding their water supply, infrastructure, and residents? In the midst of a severe drought emergency, does it make sense to drastically upzone and push for exponential multi-family growth in 177 communities—half the state? It seems the Executive Office of Housing and Livable Communities (EOHLC) has failed to conduct due diligence, mandating rapid growth without ensuring the necessary infrastructure for life-sustaining water, adequate fire protection, and other critical resources—leaving individual communities to bear the burden and costs. The planners do not appear to be planning and consider all the factors in decisions.