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Millbury Rejects MBTA Zoning Amendments, Sends Clear Message

The majority of registered voters at Millbury's special town meeting decisively rejected the zoning amendments required by the MBTA Communities Act. As of January 1, 2025, this decision will place Millbury, alongside other non-compliant communities, at odds with the Commonwealth of Massachusetts. From there, the Massachusetts Attorney General will have to determine her next steps. Given the steep costs associated with litigation, it’s unlikely the state can afford to bring every non-compliant community to court, which may force the Attorney General to seek a compromise with the state legislature or potentially reconsider the law entirely. It remains an open question.

In response to the MBTA Communities Act, the Town of Millbury proposed a zoning overlay district rather than a bona fide zoning district. This choice allows a defeated proposal to be reintroduced every 60 days for voter reconsideration, while a zoning district would only allow for revision every two years. This strategy, seen in other municipalities, often serves to pressure voters through repeated proposals until the desired outcome is achieved—a tactic that has, in some cases, led to the removal of elected officials and town employees in response to public backlash. In Millbury’s case, because the special town meeting was held on Saturday, November 9, 2024, the 60-day window for reconsideration extends beyond the December 31, 2024 compliance deadline, eliminating any chance for another special town meeting before the state deadline.

The people of Millbury sent an unmistakable message with their overwhelming vote against the MBTA Communities Act zoning amendments. Town officials and employees should respect this outcome and abandon further pursuit of the amendments or variants thereof, which Millbury residents have clearly rejected. Residents have expressed their preference for Millbury to remain a small town focused on smart, sustainable growth in line with the town’s master plan—favoring smaller homes on modest lots rather than large-scale apartment developments. The Millbury Planning and Development Department has disregarded these sentiments for too long, and this must change immediately. It's time to put an end to issuing waivers and variances and make essential changes within the Millbury Planning and Development Department, the Millbury Planning Board, the Millbury Board of Appeals, and the Millbury Board of Selectmen, who oversee the hiring decisions for the Millbury Town Manager and town employees. Change is essential for progress and improvement.

Complaints alone aren’t enough to drive change—action is what creates results. Millbury residents need to continue their active involvement, just as they did at the recent special town meeting, to make sure their voices are consistently heard and will is respected. This level of civic engagement is essential, and making it a regular habit—not a one-time event—will be key for lasting change.

Many residents are concerned about developments like ClearView, Cobblestone Village Apartments, 19 Canal Street Apartments, The Shoppes at Blackstone Valley, the Downtown Redevelopment Projects, the planned Rice Pond Village Apartments, the planned battery energy storage system on Sycamore Street, townhouses at West Main Street and Beach Street, and other projects throughout town. Too often, these concerns are voiced only after decisions have already been made and it’s too late to influence outcomes. At a minimum, residents must attend and participate in meetings of the Millbury Planning Board, Millbury Board of Appeals, Millbury Conservation Commission, and Millbury Board of Selectmen. This proactive engagement will help keep residents informed and engaged before decisions are finalized on their behalf. Accountability starts with making informed choices when voting on issues and for candidates for public office either elected or appointed. The people of Millbury must remove from town government those who prioritize rubber-stamping decisions for developers over the interests of taxpayers and residents. We have the power, and it's time to use it. Together, we can make a difference for our community.

As of the publishing of this blog post, Millbury stands alongside East Bridgewater, Foxborough, Freetown, Hanson, Hopkinton, Marblehead, Marshfield, Middleborough, Middleton, Milton, North Reading, Norwell, Rowley, Seekonk, Tewksbury, Wakefield, and Wilmington in rejecting zoning amendments imposed by the MBTA Communities Act mandated by the state legislature. Noticeably, Holden is missing from this list, as they have taken no action and are therefore considered out of compliance by the state.

Contrary to the alarmist claims made by one individual on Facebook, Millbury is not being sued by the Attorney General, nor is the state forcing anyone to build anything. The MBTA Communities Act does not mandate construction, so it’s unclear where this individual got that idea. To date, the only town facing a lawsuit from the Attorney General is Milton, as their compliance deadline under the Act was December 31, 2023. All other communities listed remain in compliance until December 31, 2024, and no action can be taken against them before that date. This situation underscores the importance of avoiding misinformation—whether on social media, in print, in person, or from state or local officials or employees—and highlights the critical need for doing one’s own due diligence. Scare tactics and propaganda are being used to push for compliance with the MBTA Communities Act.

There are currently two lawsuits before the Massachusetts Supreme Court challenging the MBTA Communities Act. One is filed by the Commonwealth of Massachusetts against the Town of Milton for noncompliance, and the other is a class-action lawsuit initiated by residents of Rockport against the Commonwealth, with additional residents from several other communities joining, including Millbury, which has the largest group of plaintiffs. Many attorneys have argued that the MBTA Communities Act is unconstitutional and has other legal defects, and we now await the court's decision in this case. People may choose to speculate, but in the end, it is the court or legislature that will make the final determination—or it may come down to us, the registered voters, to decide the outcome for our town. The final chapter of the MBTA Communities Act saga has yet to be written, but we must not succumb to pressure from the Governor Maura Healy, Lieutenant Governor Kim Driscoll, the Executive Office of Housing and Livable Communities (EOHLC), or from our Board of Selectmen, Town Manager, Town Planner, or any other local officials or employee. This is our community, our future, and our tax burden.