The MBTA Communities Act sets forth that any community within the MBTA's service area or adjacent to it must designate at least one zoning district of reasonable size where multi-family housing is allowed without the need for special or other permits, provided it meets certain criteria outlined in the law:

• A minimum gross density requirement of 15 units per acre.

• Situated within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station, if applicable.

• No age restrictions and suitable for families with children.

This legislation affects 177 communities across Massachusetts, including Millbury, due to the presence of MBCR commuter rail stations in Worcester and North Grafton.

Town of Milton Rejection

However, the Town of Milton rejected the establishment of such a zoning district through a referendum held on February 15, 2024, reversing a town meeting vote to enact the required zoning district.

Governor Maura Healey and the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) have highlighted the repercussions of failing to adhere to the MBTA Communities Act, which include the loss of eligibility for MassWorks, HousingWorks, and Housing Choice grants. Attorney General Andrea Campbell has additionally warned Milton of potential legal action under the Fair Housing Act for non-compliance. The Attorney General’s Bylaw Review team meticulously examines the zoning bylaws of every municipality in Massachusetts to verify their adherence to the law. Therefore, any ambiguity surrounding potential clashes among prevailing zoning bylaws, the Fair Housing Act, and the MBTA Communities Act needs clarification. The Town of Milton could serve as a precedent-setting case for the other impacted communities across Massachusetts.

Based on articles and online discussions, the registered voters in the town of Milton who succeeded in rejecting the state's requirements do not seem opposed to development or affordable housing. Instead, they appear to advocate for the autonomy to decide how to establish zoning districts that best align with the town's specific needs.

What’s important to understand is that the MBTA Communities Act simply is setting aside a zoning district to permit “as a right” the ability to build 15 units per acre and other criteria, however, has no requirement to construct anything. Some individuals are misinterpreting this as a mandate to undertake construction and transform a section of their community into something divergent from its current composition. People do have legitimate concerns of how construction at such density would impact their community, especially smaller communities, and the challenges it could bring.

It's crucial to recognize that there's no direct correlation between the MBTA Communities Act and Chapter 40B; they are distinct initiatives. The MBTA Communities Act does not primarily focus on creating affordable housing, as there's a restriction of not more than 10% affordable units but no obligation for any. However, units developed under the MBTA Communities Act would lower the community's Subsidized Housing Inventory (SHI). Each community has a 10% SHI threshold to comply with Chapter 40B's Safe Harbor requirements. The construction of more housing reduces the SHI percentage, which is true for any housing units.

State officials are apprehensive that the Milton vote might embolden other communities to entertain the idea of non-compliance with the MBTA Communities Act, posing a significant setback to Governor Healey’s efforts to expand affordable housing. Numerous municipal officials are closely monitoring Milton's "no" vote to gauge the state's resolve in enforcing the new legislation.

The Considerations In Millbury

In Millbury, the proposed MBTA Inclusionary Zoning district falls within the existing Business 1 Zoning District, covering sections of Canal Street, Howe Avenue, Railroad Court, Church Street, Elm Street, South Main Street, School Street, and Main Street. During a recent public hearing with the Millbury Planning Board regarding the town’s zoning bylaw recodification, several suggestions were made to refine the designated area. This proposed zoning district in Millbury is already developed, comprising various structures such as businesses and residences. For a developer to utilize the benefits of the MBTA Communities Act, they would need to acquire properties, demolish existing structures, and build denser housing units. Nonetheless, such a scenario is improbable in the near term. As commonly understood, the proposed zoning district in Millbury encompasses numerous local businesses and residences, thereby emphasizing the importance of preserving and fostering additional business growth in this region for any future development plans.

It's important to mention that the area designated for the MBTA Communities Act in Millbury falls within the Environmental Justice Population category. This classification in Millbury is based on the criterion that "the annual median household income is not more than 65 percent of the statewide annual median household income."

This situation warrants close attention as developments unfold involving the Commonwealth of Massachusetts, the Town of Milton, and potentially the judicial system. Millbury's rezoning decision will be presented to registered voters later this year, offering them the choice to either adopt the proposed amendments or follow the example of Milton residents and reject them. Registered voters have much to deliberate, needing to carefully weigh the advantages and disadvantages.