Rebellious Milton gets punishment from state over voter rejection of zoning law. What now?

MILTON – The state is taking money away from Milton, and town boards are working on a legal strategy behind closed doors.

The state wasted little time in imposing sanctions against the town after voters at a Feb. 14 special election overturned a town meeting approved plan which rezoned several areas of town to ease the development of multi-family housing to help ease the state's housing shortage. Milton is the only one of the 12 so-called "rapid transit" communities not to comply with the law, which requires the zoning to be in place but doesn't require the housing to be built.

What grants will Milton lose?

In a letter dated Wednesday to Town Administrator Nicholas Milano, Housing and Livable Communities Secretary Edward Augustus said the town is no longer eligible for a $140,800 Seaport Economic Council grant for seawall and access improvements since the money was contingent upon compliance with the MBTA law. It will also not be eligible for MassWorks and HousingWorks grants, and will be at a competitive disadvantage for other state grant programs.

"The law is clear – compliance with the MBTA Communities Law is mandatory,” Augustus wrote.. "If we do not all come together to build more housing, we will not be able to overcome our affordability crisis. We need every community to do their part.”

He said the town had received $80,000 in technical assistance grants to help develop the plan rejected by voters.

"While we are deeply disappointed that Milton's zoning plan was rejected by a referendum vote, we are hopeful that we can continue to work with the town to ensure that Milton can achieve compliance with the MBTA Communities law," Augustus wrote.

The secretary said he would like to meet with town officials as well as the leaders of the campaigns for and against the zoning plan to discuss compliance.

"The administration is hopeful that we can work together on a new plan to bring the town into compliance," Augustus said.

When will Milton meet on the MBTA Communities Act?

The select and planning boards have scheduled a closed-door meeting for Monday to discuss the town's legal defense against the state enforcing the zoning requirements of the MBTA Communities Act. The agenda says it will be held in executive session for a "discussion regarding strategy with respect (to) litigation the Commonwealth of Massachusetts has threatened to commence against the town" on the MBTA Communities law.

Discussion on litigation strategy in executive session is allowed under the state's Open Meeting Laws.

In a letter last month to town officials, state Attorney General Andrea Campbell threatened legal action against the town if necessary to enforce the law.

"Should the Town of Milton chart a course in contradiction of state law, however, the attorney general's office will carry out its responsibility to enforce the law, without hesitation," she said in the letter.

What does Milton propose be changed in the zoning plan?

At Thursday night's planning board meeting, the consensus among board members was they were willing to support a plan with zoning for a fewer new housing units, around 1,000 rather than the 2,400 the state requires, Board members feel that the Mattapan trolley line is misclassified as a rapid transit line, due to its smaller capacity. The consensus number, no formal vote was taken, is equal to the zoning requirement for communities adjacent to MBTA service. And the earliest they said that could happen is at a late October special town meeting, nearly 10 month's after the state's deadline for Milton to approve a plan.

"This is the best way to bring our town together" after a hard-fought election campaign, said planning board Chair Meredith Hall.

Milton's actions are being watched closely by communities throughout Eastern Massachusetts, including the South Shore, which must submit compliance plans by the end of the year or face similar penalties.

Reach Fred Hanson at fhanson@patriotledger.com.

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This article originally appeared on The Patriot Ledger: Voter-rejected MBTA zoning plan starting to cost Milton