Millbury Residents Intervene In MBTA Communities Act Lawsuit
The Millbury Neighborhoods for Responsible Growth (the “Committee”), led by Steve Stearns, has filed a motion to intervene in a zoning dispute holding significant implications for the town.
The dispute centers around the application of the MBTA Communities Act enshrined in M.G. L. c. 40A §3A (“§3A”), which mandates zoning changes to increase housing units, particularly around transit stations. However, Millbury lacks such transit stations. While aiming to address the need for multi-family housing in 177 communities, including Millbury, concerns have been raised about its feasibility and consequences.
Steve Stearns argues that the concerns of Millbury residents mirror those of the plaintiffs in John Kolackovsky and other town of Rockport residents v. the Town of Rockport et. al., the Department of Housing and Community Development et. al., and the Massachusetts Attorney General (the Commonwealth of Massachusetts, et. al.), a case challenging the constitutionality and enforcement of §3A. He expresses apprehension about §3A’s potential impact on Millbury’s resources and infrastructure, highlighting concerns that the potential influx of up to 750 multi-family dwelling units in Millbury could strain essential resources, and harm vulnerable populations and small businesses.
Steve Stearns asserts that Millbury’s interests align with those challenging §3A’s constitutionality in a separate case. The motion to intervene seeks to ensure Millbury’s concerns are heard.
Citing Massachusetts Rules of Civil Procedure Rule 24, the Committee argues for intervention, emphasizing the need for comprehensive adjudication of public policy issues.
Their objective is clear: to advocate for Millbury residents and oppose zoning changes that ignore the town’s unique challenges and needs.
The motion to intervene outlines these positions and requests intervention rights to protect Millbury’s interests, joining other Massachusetts communities in similar actions.
Moreover, the Committee highlights the collaborative efforts undertaken by Millbury and 19± other communities, including Rockport, Burlington, Wayland, Wenham, Groton, Hamilton, and Manchester-by-the-Sea, in contesting the application of §3A. John Kolackovsky, in communication with Steve Stearns, conveyed that Millbury’s swift mobilization surpassed that of all other communities, with an impressive number of plaintiffs for motions to intervene gathered in less than 24 hours.
“This motion to intervene serves as a testament to the steadfast dedication of Millbury residents to safeguard their community’s well-being amidst legal proceedings that could significantly impact its future,” says Stearns.
Densification, as researched by Patrick Condon, Chair of Urban Design at the University of British Columbia, increases rents or housing prices. Amy Kalish highlights the inefficacy of California's housing initiatives, which are serving as a model for Massachusetts' own housing efforts. The MBTA Communities Act isn't geared towards adding affordable housing; rather, it caters to for-profit developers.