Millbury’s Fight Against The MBTA Communities Act: Zoning, Development, And The Future Of Our Town

The nine zoning amendment options for the MBTA Communities Act were primarily developed by a former planner for a civil and environmental engineer firm, with input from multiple residents to refine the areas and parameters. These options were presented to the Millbury Planning Board and Board of Selectmen, aiming to mitigate the Act’s impact while considering various planning factors, including:

  • Environmental Justice Populations

  • Protected/Recreational Open Space

  • NHESP Estimated Habitats of Rare Wildlife

  • MassDOT Data, Roads, and MBCR Trains

  • Building Structures, Public Water Supplies, Transmission Lines, and Aquifers

  • MassDEP Wetlands, National Wetlands Inventory, and Surface Water Supply Watersheds

  • Major Ponds, Streams, Municipal Boundaries, and Property Tax Parcels

  • FEMA National Flood Hazard Areas

  • MassDEP Tier Classified Hazardous Sites, Underground Storage Tanks, and Wellhead Protection Areas

  • Surface Water Supply Protection Areas

This process incorporated community input but does not endorse the MBTA Communities Act. The primary developer of these options opposes the Act, arguing it fails to address housing affordability and could increase local tax burdens.

Option 7 is a proposed area, highlighted in red, covering approximately 81.94 acres for the MBTA Communities Act zoning amendment. This area is subject to change based on feedback from residents and town officials. Ultimately, registered voters will make the final decision at the town meeting.

Option 7 stood out to some Selectmen for minimizing the Act’s impact while aligning with transit-oriented development. It is located in Millbury’s northeast corner, with fewer single-family homes nearby, frontage on a major road (Route 122), and access to a former railroad right-of-way slated for a rail trail.

A concern was raised about parcels on President Road, an unpaved "paper street," potentially not qualifying under the Act. However, neither the MBTA Communities Act nor the emergency regulations have such a requirement. Additionally, two of the four parcels on President Road included in the proposed zoning amendment are already developed and have existing buildings. Similar cases, such as Alstead Path, show that zoning applies regardless of whether a road is paved. In the recent Alstead Path project, the developer was required to pave at least 50 feet to provide access. However, the required pavement width does not even comply with the subdivision rules and regulations. Massachusetts law supports this, as M.G.L. Chapter 40A and Chapter 41 include unpaved roads within zoning regulations. Pavement is only required when developing a lot for a specific use, which is distinct from zoning a district or area for particular uses. Zoning governs land use, and there are no areas without a zoning district, which applies regardless of whether the road is paved or a paper street. When you consider the concern that was raised, it becomes clear that it makes no sense at all. It is not like the proposed area is completely land-locked (no street access whatsoever). The MBTA Communities Act focuses on zoning, not development, which will come later. It is a zoning amendment being presented to voters at the town meeting.

Option 7, covering approximately 81.94 acres, remains subject to change based on feedback. It offers a unique opportunity for transit-oriented housing, benefiting from direct access to the Mass Pike and proximity to Worcester’s Union Station and North Grafton Station. Another viable alternative, Option 5, on the east side of Riverlin Street, offers similar transit access with conservation land providing a natural buffer to the south.

Residents are encouraged to participate in public meetings:

  • Millbury Planning Board: March 10, 2025

  • Board of Selectmen: March 11, 2025

  • Annual Town Meeting: May 6, 2025

The final zoning decision will depend on town vote of registered voters who participate in the annual town meeting. The Planning Board has submitted a town warrant article but may rescind it to avoid confusion. The last town meeting vote overwhelmingly rejected these amendments, as many believe the Act’s dense zoning requirements do not fit Millbury’s character, fail to improve affordability, and increase tax burdens.

Recent large developments like Cobblestone Village and 19 Canal Street Apartments demonstrate these concerns. Instead of helping local residents, they primarily house those priced out of metro-Boston, driving up rents. The Act does not mandate affordable units, and even if included, only 10% of units qualify, contradicting claims of aiding essential workers.

Millbury needs responsible, sustainable development to create truly affordable housing. On November 9, 2024, over 300 registered voters who participated in the Special Town Meeting overwhelmingly rejected the MBTA Communities Act because it prioritizes developer interests over community needs. If you don’t participate and vote, your position isn’t represented—that’s how democracy works. While one resident constantly argued the vote was undemocratic and not representative, only those who engage in the process have their voices counted. The state’s one-size-fits-all zoning approach disregards the unique character of towns like Millbury. Residents must stay engaged to ensure their voices shape the town’s future.

As with the first vote on the MBTA Communities Act on November 9, 2024, voters have the right to reject the zoning amendments again for a second time on May 6, 2025. Many town officials, acting personally, intend to vote against the proposed zoning amendments. It is imperative that residents participate and make their voices heard to protect Millbury’s character, prevent unnecessary tax burdens, and ensure development aligns with the town’s needs—not the state’s broad mandates.

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Municipal Challenges To The MBTA Communities Act As An “Unfunded Mandate”

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MBTA Communities Law: Attorney General vs. Auditor – What It Really Means