A citizens petition has been launched to overturn MBTA zoning laws

Zoning laws in Milton, Pete? Not exactly front page news.

Please, hear me out.

On December 11, a Town Meeting was held in Milton, and voters overwhelmingly (67%) approved a plan to rezone part of the town to comply with the state’s MBTA Communities law. State legislators enacted the law in 2021 to address the affordable housing crisis, and it requires “multi-family zoning as-of-right in MBTA communities“. An MBTA community includes towns that host MBTA commuter services or are adjacent to a town that hosts MBTA commuter services. 

Using a complicated formula, the state calculated the number of acres each town must set aside for multifamily housing. In Hopkinton’s case, the required number of acres is 50. The Zoning Advisory Committee (ZAC) and Town Planner John Gelcich have identified two areas in Hopkinton that meet the requirements. See the article below for a detailed analysis of the proposed zoning overlays.

>> RELATED: MBTA Zoning is coming to Hopkinton (whether we want it or not)

Almost immediately following the Milton town meeting vote, a citizens petition was launched to overturn the article. To date the petition has collected nearly 3,000 signatures, ensuring it will be on the warrant at the next town meeting. According to the Boston Globe, supporters of the petition complained that “the zoning plan was rushed, that many residents were not heard in the process, and the zoning could be improved with more time and effort.“

I don’t know how many public input sessions the Milton Planning Board held in advance of the town meeting vote, but all public bodies are required to comply with Open Meeting laws. Just like Hopkinton’s Planning Board will do, the Milton Planning Board likely recommended adoption of the zoning laws to avoid the significant and serious downside the town will face if they hadn’t.

Towns who refuse to comply with the law risk missing out on critical funds. Hopkinton gets several million dollars from the state each year, which supplements our operating budget. Even if Hopkinton voters decided to pass on the state funds, it wouldn’t matter. Attorney General Andrea Joy Campbell has signaled that her office intends to aggressively enforce the law. In March, she issued an advisory that stated in part: “Communities cannot opt out of or avoid their obligations by choosing to forego state funding. Failure to comply may result in civil enforcement action or liability under federal and state fair housing laws.”

AG Campbell seems to be taking a page out of Ben Franklin’s playbook.

But as anyone who follows town government knows, very few people show up to the meetings where complex (and often boring) issues like this are discussed and decided. That was probably the case in Milton as well. Without input from their constituents, members of the boards (all volunteers) are left to vote on their own. I’d bet money that many Hopkinton ATM attendees will be hearing about about the MBTA communities law for the first time next May, despite multiple public meetings and local media coverage.

What’s happening in Milton is a wake-up call. There is no excuse for being surprised by this law or Hopkinton’s call to action. Hopkinton residents must engage to ensure their voice is heard, and to deeply understand what they’re being asked to vote on. Most of the meetings allow a virtual option, so you don’t even need to leave the couch. All meetings, agendas and minutes are posted on the town website and are kept up-to-date. As one member of the Planning Board put it, “be informed, speak your mind, and exert your influence, or don’t complain.” 

With respect to MBTA zoning in Hopkinton, the responsible thing to do is to vote to adopt the new zoning overlay, as will be recommended by the Planning and Select Boards. To be clear, I am not taking a position about whether Hopkinton should have more multifamily housing, I am simply stating that the downside risk of not complying with the state law is too great. We need the money and we don’t want to pay to defend an expensive lawsuit that we would likely lose.

And if you don’t like the idea of more multifamily housing in our town, you should contact Representative James Arena-DeRosa or Senator Karen Spilka. The fight is with Beacon Hill, not the Hopkinton Planning Board, whose hands are tied.