The Real Impact Of The MBTA Communities Act Revealed
A week has passed since the people of Millbury rejected the MBTA Communities Act zoning amendments on Saturday, November 9, 2024, which would have handed control of our downtown to the state. For those who are skeptical and need concrete proof, here is the evidence directly from the Executive Office of Housing and Livable Communities (EOHLC). As of October 1, 2024, district approval letters have been sent to the following towns and cities with details of ongoing requirements that must be met: Abington, Andover, Arlington, Braintree, Brookline, Cambridge, Chelsea, Dedham, Easton, Grafton, Harvard, Hull, Lexington, Lincoln, Lowell, Medfield, Medford, Northbridge, Quincy, Randolph, Revere, Rockland, Salem, Sharon, Somerville, Stoneham, Swampscott, Taunton, Tyngsborough, Walpole, Wayland, Westford, and Worcester. Similar form letters have likely been sent to other communities since then.
As Steve Stearns explained during Millbury’s special town meeting, if the MBTA Communities Act had been approved by a majority of Millbury’s registered voters—which it was rightly rejected by an overwhelming majority—the Commonwealth of Massachusetts would have taken control of the overlay zoning district in downtown Millbury. Here’s a breakdown of the actual impact of the MBTA Communities Act when adopted by a community—this is more than just hype.
Please note that continued district compliance is subject to the following requirements:
Municipalities must notify EOHLC in writing of any proposed or active zoning amendment that affects the district, or of any other by-law, ordinance, rule, regulation, or municipal action that limits the development of multi-family housing in the District. This notification must be sent to eohlc3a@mass.gov prior to any planning board public hearing on the proposed zoning amendment.
EOHLC may establish a system to monitor compliance over time to ensure that approved districts allow multi-family housing in accordance with the criteria under which they were approved.
EOHLC may rescind a Determination of Compliance or require changes to the District to remain in compliance as per Section 10 of the Guidelines, or if it becomes aware of additional information not identified in this compliance review that would render the District noncompliant with Section 3A.
Any permitting conducted in connection with the additional factors listed above must not effectively reduce the estimated multi-family unit capacity of the District. If permitting processes such as site plan review, flood plains, or traffic capacity effectively reduce the estimated multi-family unit capacity of the District, EOHLC may reevaluate [insert the community name here]’s compliance with Section 3A, and may require the [insert Town or City here] to remedy any deficiency with amendments to its zoning.
The fine print matters, and communities need to understand what they are committing to with adopting the MBTA Communities Act. This, among other reasons, is why residents of Millbury and other communities joined the lawsuit initiated by a Rockport resident, tranforming it into a class-action lawsuit.
Once a community agrees to be bound by the MBTA Communities Act, there appears to be no option to rescind its requirements. As these requirements evolve, the zoning district may also need ongoing adjustments to stay compliant. This makes it crucial for communities to reject the MBTA Communities Act from the outset. The residents of the Town of Milton are a shining example of civil disobedience in action, inspiring other communities to take action. The residents of Rockport provide another excellent model. These individuals inspired us in Millbury to take action and get involved. Look at what we've achieved together, both as individuals and as a community. There’s still more we can accomplish together. This fight is not over.
In a typical zoning amendment, the Attorney General reviews it for compliance with state law to check for conflicts. However, the MBTA Communities Act adds an extra layer of review by the Executive Office of Housing and Livable Communities, increasing bureaucracy and reducing a community's autonomy to shape policies that meet local needs.
If the MBTA Communities Act were genuinely focused on tackling the alledged housing shortage in Massachusetts, all 351 communities across the Commonwealth of Massachusetts would be involved, with affordability as a core priority—which, unfortunately, it is not. The state legislature needs to take a step back and develop a more comprehensive approach that addresses all aspects of the challenge, including essential infrastructure and resources like water supply, wastewater treatment, the power grid, and more to support housing at scale. If we’re going to transform Massachusetts, let’s do it in a way that is sustainable for the future. Millbury needs to think locally about our specific needs, not Boston’s problems. And if people are paying attention, Boston is exempt from the MBTA Communities Act.
The reality is that Millbury currently lacks the resources to be self-sustaining; we rely heavily on neighboring communities. Our current supply of clean drinking water is insufficient to meet the needs of our households and businesses. Our power grid is outdated and fragile, unable to support further growth without risking collapse. This is the hard truth that no one wants to acknowledge or discuss. Millbury is not alone in this reality. Large-scale development doesn’t solve these issues—it only makes them worse for everyone. Smaller-scale projects allow time to work on solutions to these larger challenges. Addressing these problems requires time, funding, and resources. These are not easy problem, but they are problems we do need to solve together.
As communities, as a state, and as a nation, we must take a proactive approach rather than a reactive one. We need to plan for the future and carry out those plans with flexibility, making adjustments as needed to ensure lasting success for everyone and a sustainable shared future—not simply to enrich developers and their political allies. We need vibrant communities that uplift everyone, fostering growth and unity—because together, we are stronger.
Opposing the MBTA Communities Act now doesn’t mean we’re against multi-family or affordable housing; it means we’re against a plan that lacks careful consideration. We want an inclusive, responsible, and sustainable solution—one that is genuinely affordable for current residents, avoids a one-size-fits-all approach, and fosters community-wide participation in addressing shared challenges like water supply, wastewater treatment, energy, education, public safety, climate change, and other essential resources.