For the second time, town meeting voters in Milton approved zoning rules that set the town on a course of compliance with the state’s MBTA Communities Act. The 2021 law requires 177 communities to create zoning districts near public transportation that allow multifamily housing by right.
The 164 to 73 vote on June 17 came a year-and-a-half after Milton town meeting first passed compliant zoning rules, by a similar margin, in December 2023. But a few months later, a group of residents pushed for a special election and the decision was reversed, leading to a legal challenge that confirmed the law’s constitutionality and state attorney general’s authority in enforcing it.
The town and others face a July 14 deadline to submit a new plan to the state.
This time, Milton town meeting voters were met with a choice between a “25% plan,” proposed by a group of residents using information the planning board studied, and a “10% plan,” supported by the planning board. The percentages refer to the amount of units the town must zone for, calculated using a percentage of the town’s 2020 housing stock.
The defining difference between the two plans is the belief of whether or not the Mattapan Trolley should be considered rapid transit. The state thinks so, which is why it designated Milton as a “rapid transit community” and required it to zone for 25% of its housing stock, or 2,467 units. But others believe that the town should be categorized as an “adjacent community,” and therefore zone for only 1,000 units, because the trolley should not be designated as a subway.
More: MBTA Communities Act status on South Shore
“The problem is, when we looked at the impact to Milton Village … those impacts were what caused us to say, you know what, we find this to be too much density and why we reverted and went back to the 10% plan,” planning board chair Meredith Hall said during the first night of the special town meeting, adding that the data for the 25% plan was “flawed and incomplete.”
Ultimately, town meeting decided to send the 10% plan back to the planning board for further study by a vote of 207 to 13.
Some wanted both plans to pass, in the event that the town’s MBTA zoning designation would change. The state has not offered any indications it would do so, adding it worked with the town to come up with a plan in line with their rapid transit designation.
“Many towns have made arguments about classification, and they have all been shot down,” said resident Kyle Johnson, who signed the petition for the 25% plan. “This is the law.”
Johnson said that the 25% plan was “right for Milton” to avoid more legal fees, reinstate the town’s grant eligibility and serve as a means for more tax revenue. The new plan creates more subdistricts to relieve the Elliot Street corridor.
Nearly 80% of MBTA communities pass zoning
Of the 177 MBTA communities, 139 have passed zoning rules to comply with the state law. Duxbury on Monday did so by a vote of 255 to 152.
Although the law does not require that these units be constructed, more than 4,000 units are in the pipeline to be created due to the MBTA Communities Act, according to the state.
Halifax, Marshfield and Middleton remain noncompliant as of Wednesday, June 18.
Hannah Morse covers growth and development for The Patriot Ledger. Contact her at hmorse@patriotledger.com.
This article originally appeared on The Patriot Ledger: Milton town meeting passes MBTA zoning rules for second time