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Lexington Approves Scaling-Back MBTA Communities Act
Town Meeting approved Article 2, but the real question is whether the state-controlled zoning districts will receive approval from the Executive Office of Housing and Livable Communities (EOHLC) and the Attorney General. Since any amendments to previously approved zoning districts require their approval, it will be interesting to see if they uphold the changes or reject the attempt to scale back areas previously designated for MBTA Communities Act compliance, shifting them away from by-right high-density multifamily zoning.
Millbury Board Of Selectmen Put Forth A Second MBTA Communities Act Zoning Amendment
The fate of Millbury’s MBTA Communities Act zoning amendments now rests in the hands of its residents. On March 11, 2025, the Board of Selectmen approved a zoning amendment covering Route 146 southbound, along with two additional areas on Grafton Road (Route 122) and Westborough Road, placing it on the warrant for the May 6, 2025, town meeting. Ultimately, it will be the registered voters in attendance who decide its outcome. While the board’s process allowed for resident engagement and input, the final decision now shifts to the community—making public participation more crucial than ever.
Municipal Challenges To The MBTA Communities Act As An “Unfunded Mandate”
Hill Law, a Massachusetts firm specializing in land use and municipal law, prepared the following memorandum for its clients. At least one client shared this document to help educate the public about their legal rights under Massachusetts General Laws. This information is crucial for municipal officials and concerned residents to understand their rights regarding the MBTA Communities Act (M.G.L. c. 40A § 3A) as determined to be an “unfunded mandate”. The Act could have significant impacts on communities and the tax burdens that residents may face.
The Motivations Of Massachusetts Housing Policies
Gordon Gekko’s infamous declaration, “Greed, for lack of a better word, is good,” epitomizes the mindset that has seeped into housing policy, where profit takes precedence over people. This ideology, embraced by profit-driven developers and supported by policymakers who prioritize economic metrics over human needs, has transformed a housing crisis into a lucrative opportunity for exploitation. Instead of creating genuine solutions that ensure safe, affordable homes for working families, these policies encourage the construction of market-rate units masked as “affordable,” catering to investors rather than communities. The result is a system that exacerbates inequality and displacement, perpetuating the illusion of progress while leaving the most vulnerable further behind.
The Massachusetts Housing Market: Not A Shortage But An Affordability Crisis
The narrative surrounding the Massachusetts housing market has often been dominated by the notion of a housing shortage. However, a closer examination reveals a more nuanced reality: the issue is not so much about the number of available units, but rather, the affordability and accessibility of these homes, and implementing the MBTA Communities Act will likely exacerbate the housing affordability crisis.
Millbury Rejects MBTA Zoning Amendments, Sends Clear Message
At Millbury's special town meeting, the majority of registered voters rejected the zoning amendments required by the MBTA Communities Act, effectively placing the town in non-compliance with the Commonwealth of Massachusetts as of January 1, 2025. With the threat of legal action looming, the Massachusetts Attorney General may need to seek a compromise with municipalities or reconsider the law. Millbury's proposed zoning overlay district, which allows defeated proposals to be reintroduced every 60 days, was seen as a strategy to push through unpopular decisions—a tactic that has sparked backlash in other towns.
The overwhelming vote against the zoning amendments sends a clear message that Millbury residents prefer smart, sustainable growth, not large-scale apartment developments. It’s time for the town to halt questionable waivers and variances and ensure that the Planning and Development Department, the Planning Board, and elected officials respect the will of the people. Civic engagement is critical for ensuring that Millbury remains a small town focused on its residents’ needs, not developer interests. Millbury’s residents must remain active in town meetings and hold officials accountable to secure meaningful, long-term change.