Zoning rebellion: Milton will vote 'whether this town will violate the law or not'

MILTON − Voters will head to the polls Feb. 13 for an unusual town election.

They'll decide whether to overturn last month's town meeting vote to approve new multifamily zoning to comply with the state's MBTA Communities Act.

Select board Chair Michael Zullas said at a special meeting Dec. 28 that the board had no choice but to schedule the election since 2,787 of the town's registered voters signed a petition asking that town meeting's decision be put to the voters.

Zullas said the choice before the voters isn't about the specifics of the plan, which created zoning that would allow the development of up to 2,400 units of multifamily housing, since no alternative has been proposed.

"It is about one thing: that is, whether this town will violate the law or not," Zullas said.

Milton is one of 12 so-called "rapid transit communities" that had until Dec. 31 to approve plans that would comply with the new law. Passed in 2021 and signed by then-Gov. Charlie Baker, the law seeks to ease the state's housing crisis by eliminating barriers to multifamily development in suburban communities.

Commuter rail communities have until the end of this year to comply. They include Weymouth, Scituate, Cohasset and Hingham.

All the other rapid transit communities, including Braintree and Quincy, approved new zoning. Milton town meeting adopted the town's plan by a 158-76 vote Dec. 11 after six hours of debate.

Referendum called 'unprecedented'

With the referendum, the zoning changes are on hold and the town is out of compliance with the law.

Select board member Benjamin Zoll called the special election "unprecedented." He said there are real costs to the town by not complying with the law. The town would lose its eligibility for state grant money and would be subject to legal action by the state attorney general and developers.

"We are forfeiting our right to set our own zoning" by not complying with the law, Zoll said.

He said opponents should work through the normal zoning process to make the changes they desire.

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The newly formed Milton Neighbors for Responsible Zoning led the petition drive. Members believe the zoning change was rushed and would have a disproportionate impact on one area of town: East Milton.

"Close to 15% of the electorate in Milton has sent a strong message that they want and deserve a voice on the most sweeping zoning bylaw change in a century," said Brian O'Halloran, a member of the group and a town meeting member.

Denny Swenson, another member of the group and a former planning board member, said, "People want to honor the spirit of the legislation and agree many of the goals are good, but the article as crafted doesn't deliver."

Milton election expected to cost $45,000

Town Administrator Nicholas Milano said the board will need to seek a reserve fund transfer from the warrant committee to pay for the election, which Town Clerk Susan Galvin estimated will cost $45,000.

While the town charter specifies poll hours of 2 to 8 p.m. for the special election, the board wants the regular voting hours of 7 a.m. to 8 p.m. and has authorized Town Counsel Peter Mello to seek court authorization if necessary for the extended hours.

Select board member Erin Bradley asked what would happen if a major snowstorm strikes on the day of the special election.

Galvin said it would require "extraordinary circumstances" to cancel or postpone an election. Mello said "emergency court relief" would probably be required for a postponement.

Reach Fred Hanson at fhanson@patriotledger.com.

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This article originally appeared on The Patriot Ledger: Special election called to decide on Milton multifamily housing plan