MBTA Communities Act Myths & Facts
On Thursday, April 11, 2024, residents of Shrewsbury and neighboring communities gathered for an open forum to explore the myths, facts, and misconceptions about the MBTA Communities Act, with a specific focus on how it affects Shrewsbury and the other 176 communities in Massachusetts. Millbury, facing parallel challenges, emphasizes the importance of making decisions rooted in informed understanding rather than relying on state leaders' propaganda. It's crucial to note that the deadline for compliance is December 31, 2024, for a majority of communities.
Please tap or click the image above to watch the meeting video.
During the meeting video (1 hour 49 minutes in length), Attorney Michael Walsh elucidates the intricacies of the law and its accompanying guidelines, revealing deeper implications beyond mere zoning regulations. Despite common misconceptions that it solely pertains to zoning, the MBTA Communities Act holds undisclosed complexities that warrant further examination.
The Town of Millbury operates as a "Home Rule" community, enabling us to establish our zoning and other regulations, provided that they do not violate state law, rather than conforming to specific policy agendas set forth by past and present state administrations.
As reported by Nemasket Week, Attorney Jonathan Murray from KP Law, the legal counsel for the Town of Middleborough, will prepare an amicus brief—also referred to as a "friend of the court" brief—in support of the Town of Milton. This decision was reached unanimously by all five select board members during their meeting on April 29, 2024. The lawsuit by the state pertains to Milton's non-compliance with so-called mandated zoning changes.
Pertinent Facts To Remember As Town Meeting Approaches
As town/city meetings take place across the Commonwealth of Massachusetts, it's crucial to bear in mind their relevance as each community's meeting nears, particularly concerning the MBTA Communities Act and the subsequent zoning amendments under consideration.
Article 89 (the Home Rule Amendment) is a constitutional right in the state constitution and was adopted in November 1966 by a ballot vote of 1,186,608 to 270,087.
It reaffirmed the customary and traditional liberties of the people and grants them the authority and right of self-government in local matters – the state cannot dictate as they do not have authority.
Since the state cannot mandate, the proposed MBTA Communities Act the towns/cities need to approve it via their town meeting process.
Once a town/city approves this change and hands over authority to the state, it will be nearly impossible to get the authority back from the state.
The MBTA Communities Act was originally passed in 2021 by Charlie Baker. At the time it consisted of three paragraphs buried into a 180 page bill. Since passing, the parameters have expanded to over 40 pages of rules and regulations that we have already seen change and will continue to change in the future.
The initial legislation had an affordability component, which has since been removed.
The current legislation does not have any language or plan to increase affordability.
The city of Boston is EXEMPT from the new state zoning laws.
Massachusetts taxpaying population has been declining in recent years.
Previous requirements to pass such a law require a 2/3 majority vote, but this law was written to allow for a simple majority, which makes it easier for towns/cities to forgo their zoning rights to the state.
Adhering to the MBTA Communities Act might mean forfeiting your town/city's zoning rights, with potential direct consequences for every property owner, tenant, and other stakeholders. For an in-depth understanding of the potential implications for each affected community here in Massachusetts, please watch the "Housing Mandates in California" video featured in the blog post "Housing Mandates Uses California As Template." All registered voters should be fully informed before heading to our town meeting this fall.
As reiterated, according to the zoning specifications outlined in the MBTA Communities Act, there's an earmarking of 50 acres, allowing for the potential construction of up to 750 dwelling units under the "as of right" provision in the future within the town of Millbury.
The Town of Millbury’s proposed MBTA Communities Act zoning amendments encompass its Environmental Justice Population, which comprises a vulnerable demographic with an annual median household income of 65 percent or less of the statewide annual median household income. This entails a density of 15 dwelling units per acre, primarily proposed to be focused in our downtown (subject to amendment or changes). This enables the future development of multifamily residences “as of right” at a density surpassing the current limit of 4 units per acre, allowing up to 15 units per acre.
Although a significant portion of the designated area is currently built upon, a committed developer backed by sufficient financing could, with the incentive of state bonds or tax breaks, acquire, demolish existing structures, and erect new ones, in compliance with the permitted zoning density of 15 units per acre.
It's important to highlight that "affordable housing" is not a requirement of the MBTA Communities Act. In fact, it discourages it by imposing a maximum limit of 10% on affordable housing. Nevertheless, there is no mandate specifying this zoning district to be specifically downtown, given the absence of a transportation station. Although the town planner interprets the guidelines as requiring proximity to a bus stop, it's crucial to recognize that a bus stop does not meet the criteria of a transportation station and therefore is irrelevant.
This prompts inquiries into the state's arrangement, particularly regarding the imbalance and possible motivations underlying the evolving requirements.
In our community, enacting zoning amendments requires a super-majority vote. However, under the MBTA Communities Act, initially, a simple-majority suffices for implementing zoning. Yet, subsequent amendments to this zoning mandates a super-majority vote of the community. It's essential to grasp this dynamic and its implications. The state aims to streamline the initial implementation process while imposing stricter requirements for subsequent amendments. Furthermore, all zoning changes undergo review by the Attorney General, exemplified by the rejection of our temporary multifamily moratorium. The state's refusal to approve our temporary multifamily moratorium was justified by the Massachusetts Attorney General’s Bylaw Review division, as it conflicted with the state's agenda for expanding multifamily housing, underscoring the obstacles posed by state intervention.
Many are concerned that by voluntarily adopting the MBTA Communities Act zoning, we may limit our future ability to amend the zoning to a different framework. This could potentially grant the state authority to enforce further zoning amendments on our town or expand existing ones as deemed necessary to achieve their objectives.
The state legislature is currently considering a proposal to takeover all zoning bylaws statewide, aiming to standardize zoning regulations across the state, although the details are light at this point. This initiative is intended to streamline the process for developers, making it easier for them to undertake their projects, reducing or eliminating public input. Certain individuals perceive the MBTA Communities Act and the impending Affordable Homes Act as test cases to gauge whether communities will resist the centralization of zoning and subsequent statewide development control. It's worth noting that developers, who financially support state legislature campaigns, are driving these initiatives. The constitutionality of the MBTA Communities Act is under challenge by multiple communities, including residents of Millbury, who have filed a Motion to Intervene.
There's a wealth of information to understand regarding the MBTA Communities Act and its associated implications. It's crucial for registered Millbury voters to be thoroughly informed about this matter, rather than solely relying on the propaganda disseminated by local and state officials. The ramifications extend beyond just establishing one zoning district in our downtown area, as proposed by the town planner, Conor McCormack, who has largely kept the details confidential.
It's worth emphasizing that many other communities are going above and beyond engaging with their residents. They're organizing informational meetings, public hearings, and more to ensure their community is well-informed. Information was shared with the Board of Selectmen and the Town Planner, presenting a positive model that our town could adopt to involve the public and disseminate information ahead of any upcoming public hearings on the issue.