Milton votes against delivering MBTA Communities Act action plan

Milton’s Select Board voted 3-2 against submitting an MBTA Communities Act action plan to the Executive Office of Housing and Livable Communities by the state deadline, arguing that the town should be classified as an “adjacent community” rather than a “rapid transit community.” 

Last February, Milton residents voted to reject changes to the town’s zoning bylaws despite the town being required by law to do so as part of the MBTA Communities Act, a statewide plan to increase zoning for multi-family housing near T stops. The vote result triggered a lawsuit from Attorney General Andrea Campbell. 

Of the 177 towns and cities the law applies to, 31 of them did not meet prior deadlines for compliance applications. Those communities, Milton included, had a deadline of Feb. 13 to submit an action plan to the state outlining how they would reach compliance.

At its meeting Friday, a majority of the Milton Select Board voted against submitting such a plan and in favor of sending a letter to the EOHLC requesting an opportunity to discuss the town’s classification as a rapid transit community. 

“We live in a Democratic society, anything can change on any given day,” said Board Chair Richard Wells, who voted against the plan with Vice Chair Roxanne Musto and John Keohane, describing his stance as “not something of defiance.” 

“It’s about fairness,” he said. “I look forward to continued dialogue with them.” 

Benjamin Zoll and Erin Bradley voted in favor of submitting an action plan. Zoll said the proposed plan would have resulted in increased tax revenue and been “a boon” for Milton and its schools. He disparaged the town for spending $60,000 on a special election and over $250,000 in legal fees challenging the law. 

“We have lost the case,” Zoll said. “The law is legal and enforceable, and once the guidelines are in place, we will again be at the risk of lost moneys and more.” 

He described a “growing acceptance of lawlessness” in Milton “as well as in Washington, D.C.” 

“It is of course okay to challenge a law in court, but when one loses unanimously, one must accept that loss and move on as best possible,” Zoll said. “Pretending that a loss is a victory, continuing to disobey the law, refusing to discuss our plans in public — this is not what democracy looks like.” 

The MBTA defines rapid transit communities as towns and cities with “one or more subway stations,” giving Milton that designation because of the Mattapan High Speed Line, which runs from Mattapan and Ashmont and includes a stop in Milton. 

Town Administrator Nicholas Milano wrote in the letter that Milton is “currently improperly classified” as such, asserting that the Mattapan High Speed Line should not be considered the same as the MBTA’s subway lines, and Milton should therefore be classified instead as an adjacent community.

Rapid transit communities are required to zone for at least 25% of its total housing units as of 2020, while adjacent communities only need to zone for 10% of that number of units. With 9,844 housing units in Milton, that’s a difference of nearly 1,500 units. 

“The Town of Milton intends to file public comments that reflect the Town’s position,” Milano wrote. “The Town anticipates that there will be significant public comments that EOHLC will need to read and consider before promulgating its Final Regulations.” 

He said Milton will “consider” submitting an action plan after final regulations are filed.