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MBTA Communities Multi-Family Zoning Requirement
In January 2021, the Massachusetts Legislature adopted an Economic Development Bond Bill (H.5250) that made changes to the state's Zoning Act. The "Housing Choice" sections of the bill made it easier for municipalities zoning changes related to housing growth and required each municipality in the Massachusetts Bay Transportation Authority (MBTA) service area to zone for multifamily housing by right. The law created a new section, Section 3A, in the Zoning Act and authorized the Executive Office of Housing & Livable Communities (EOHLC) to develop guidelines for these "MBTA Communities".
In December 2023, Town Meeting approved an article that would have brought Milton into compliance with the MBTA Communities Law by the state-imposed deadline of December 31, 2023. A Town-wide referendum held on February 14, 2024 invalidated that article, making Milton noncompliant. The Massachusetts Attorney General’s Office filed a lawsuit against the Town, which will be heard at the Supreme Judicial Court in October 2024.
The Planning Board will be working throughout the summer and fall to develop compliant zoning to bring to a future Town Meeting.
Take the Planning Board's Survey
The Planning Board is seeking public input on new MBTA Communities zoning through an updated online survey. Please take 5 to 10 minutes to complete the survey. The results will be instrumental in the Planning Board’s deliberations around the location of new zoning districts, dimensional parameters, and density. You can find the survey here.
About the Multi-Family Zoning Requirement for MBTA Communities
This new law requires that an MBTA community shall have at least one zoning district of reasonable size in which multi-family housing is permitted as of right and meets other criteria set forth in the statute:
- Minimum gross density of 15 units per acre
- 50% of the total area of this new district is not more than 0.5 miles from our Mattapan trolley stations
- No age restrictions and suitable for families with children
The state's Executive Office of Housing & Livable Communities has defined a zoning district of reasonable size as:
- Being at least 50 acres
- Capable of producing units equal to 25% of Milton's existing year-round housing units
According to the most recent Census data, Milton has 9,844 housing units. This calculation means that we must zone in a way that has the capacity for at least 2,461 multi-family units.
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State MBTA Communities Website
The state's website for the Multifamily Zoning Requirement for MBTA Communities. This site is frequently updated with news and guidance from the Executive Office of Housing and Livable Communities..
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MHP Website
The Massachusetts Housing Partnership has assembled analysis and resources to help municipalities understand and implement the MBTA Communities law.
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"Residensity" Tool
The Massachusetts Housing Partnership has developed an interactive mapping tool that shows density statistics and land-use breakdowns in a user-defined area.
2024 Zoning Efforts
Resource | Description | Date |
---|---|---|
April 10th Consultant Presentation | Updated Presentation | April 10, 2025 |
April 7th Consultant Presentation | Presentation by Utile | April 7th, 2025 |
March 27th Consultant Presentation | Presentation by Utile | March 27th, 2025 |
March 24th Consultant Presentation | Presentation by Utile | March 24th, 2025 |
March 3 Consultant Presentation | Presentation by Utile | March 3, 2025 |
December 12 Consultant Presentation | Presentation on Eliot Street Corridor boundary refinements | December 12, 2024 |
October 23 Consultant Presentation | Presentation on alternative scenarios | October 23, 2024 |
September 16 Consultant Presentation | Presentation on alternative scenarios with updated unit capacities in different districts | September 16, 2024 |
District Scorecard | Scorecard highlighting and ranking different districts. | August 22, 2024 |
August 6 Consultant Presentation | Presentation on calculations of Milton's "Adjacent Community"' with updated commuter rail parcel information | August 6, 2024 |
REVISED July 18 Milton Adjacent Community Calculations Presentation | Revised presentation on calculations of Milton "Adjacent Community". | July 18, 2024 |
July 18 Milton Adjacent Community Calculations Presentation | Presentation on calculations of Milton "Adjacent Community". | July 18, 2024 |
June 27 Consultant Presentation | Presentation on "Adjacent Community" compliance from Utile, the Planning Board's technical assistance consultant | June 27, 2024 |
Guiding Principles | Draft scorecard of criteria Planning Board will use to evaluate potential zoning districts. | May 16, 2024 |
Resources Related to Noncompliance and Attorney General's Lawsuit
Grants Impacted by MBTA Communities Noncompliance
Grant Program and Materials | Description | Amount | Date |
---|---|---|---|
FY2025 Clean Water State Revolving Fund | The Town was awarded $150,000 through the Clean Water State Revolving Fund for the development and implementation of a water, sewer, and stormwater asset management tool. While the Town scored highly enough to be awarded, release of funding through this program is subject to compliance with the MBTA Communities Act, according to Section F of the Intended Use Plan. | $150,000 | April 8, 2025 |
COA Passenger Bus Grant Application Denial | Documents related to the COA's application for a replacement passenger bus through the Community Transit Grant Program. The application was denied due to MBTA Communities Act noncompliance. | $97,334 | April 4, 2025 |
Email from the DOR DLS Community Compact re: Ineligibility for FY25 Community Compact Information Technology Grant Program | The Town applied for a $110,000 grant to secure funding to complete a phone upgrade which would move the Town's phone systems to a cloud based system. While the Town's application did not score highly enough to be awarded, the state noted that even if it had, the award of funding would be contingent on compliance with MBTA Communities. | $110,000 | April 2, 2025 |
Email from the Massachusetts Office on Disability re: Ineligibility for a Municipal ADA Improvement Grant | The Town submitted an application for a grant to conduct a self-evaluation/transition plan for its buildings and programs. The state rejected the Town's application due to noncompliance with the MBTA Communities Act. | $55,000 | November 21, 2024 |
Email from Commonwealth of Massachusetts re: Ineligibility for Municipal Fiber Grant Program | The Town submitted an application to the Community Compact Municipal Fiber Grant Program. The state rejected the Town's application due to noncompliance with the MBTA Communities Act. | $250,000 | June 6, 2024 |
Seaport Economic Council Grant Award Letter | Letter announcing a grant award to the Town for a seawall improvement project, with the grant award contingent on MBTA Communities Act compliance | $140,800 | January 26, 2024 |
Documents related to Communications with the Commonwealth of Massachusetts and the Attorney General's Lawsuit
Resource | Description | Date |
---|---|---|
Select Board Public Comments | Comments submitted regarding MBTA Communities Regulations | February 21, 2025 |
Planning Board Public Comments | Comments submitted regarding MBTA Communities Regulations | February 21, 2025 |
EOHLC Letter to Milton re Noncompliance | Letter from EOHLC to Milton notifying the Town that is considered to be noncompliant with the MBTA Communities Act due to not submitting an Action Plan by Feb. 14, 2025 | February 19, 2025 |
Town of Milton Letter re 2025 Action Plan | The Town did not submit a 2025 Action Plan and the letter expresses the Town's position. | February 14, 2025 |
Documents related to the Attorney General v. Town of Milton (SJ13580) | This folder contains all filings made in Attorney General v. Town of Milton. The SJC Docket Number is: SJC-13580, previously: SJC-2024-0078. | Updated periodically |
ATTORNEY GENERAL vs. TOWN OF MILTON | The Supreme Judicial Court announced its' decision regarding the Attorney General v. Town of Milton lawsuit. The SJC Docket Number is: SJC-13580, previously: SJC-2024-0078. | January 8, 2025 |
Select Board Letters regarding Grant Funding | On April 23, 2024, the Select Board voted to send four letters to the Governor, Lieutenant Governor, HLC, and Boston Region MPO regarding withdrawal of grant funding and penalties related to MBTA CA. | April 24, 2024 |
Select Board Statement | The Select Board issued a statement regarding the Attorney General's lawsuit | March 27, 2024 |
Letter from HLC Secretary Augustus on Consequences of Non-Compliance | Letter from EOHLC Secretary Ed Augustus clarifying the loss of grants as a result of Milton's vote against MBTA Communities and encouraging steps towards compliance | February 21, 2024 |
Letter from HLC re: Milton's non-compliance with the MBTA Communities Act | Notification from EOHLC that the Town is now considered non-compliant with the MBTA Communities Act | February 16, 2024 |
Town Administrator Letter on At-Risk State Grants | Letter from Milton's Town Administrator regarding state funding that may be at risk if Milton is noncompliant with the MBTA Communities Act | January 25, 2024 |
Attorney General's Letter to the Select Board | Letter from Attorney General Andrea Campbell to the Select Board regarding Milton's compliance and the responsibilities of her office should Milton become noncompliant with the MBTA Communities Act | January 16, 2024 |
Select Board Letter to EOHLC re MBTA Communities Act Compliance | Letter from the Select Board to EOHLC regarding the Town's status for compliance with the MBTA Communities Act, in response to a request for information from EOHLC | January 10, 2024 |
EOHLC Secretary Augustus Letter to Town of Milton | Letter from EOHLC Secretary Ed Augustus providing information on impact of noncompliance with the MBTA Communities Act and an update on the Town of Milton's status, pending the ballot question vote on February 13, 2024 | January 9, 2024 |
Town Counsel Memo re: 2 Year Ban for Consideration of previously disapproved Zoning Bylaw Amendments | Letter from Town Counsel to the Select Board regarding whether the 2 year ban under M.G.L. c. 40A Section 5 on considering approval of a previously disapproved Zoning Bylaw Amendment applies to Article 1, pending the outcome of the February 13, 2024 ballot question vote. | January 9, 2024 |
Resources Related to Article 1 (December 2023 Special Town Meeting)
Resource | Description | Date |
---|---|---|
Final Fiscal Impact Analysis | Finalized report from RKG on the potential fiscal impacts of MBTA Communities compliance. | December 6, 2023 |
Recording of Presentation to Town Meeting Members | Recording of Presentation on MBTA Communities from the Director of Planning & Community Development to Town Meeting Members in advance of the December 4 Special Town Meeting. | November 30, 2023 |
Presentation to Town Meeting Members | Presentation on MBTA Communities from the Director of Planning & Community Development to Town Meeting Members in advance of the December 4 Special Town Meeting. | November 30, 2023 |
Letter from EOHLC on Deadline Extension Request | Letter from the EOHLC Secretary rejecting a request for an extension of Milton's compliance deadline. | November 29, 2023 |
November 28 Planning Board Meeting Recording | Recording of November 28 Planning Board meeting at which RKG and Utile presented. MBTA Communities discussion begins approximately 1 hour and 38 minutes into the recording. | November 28, 2023 |
Presentation on Additional Buildout Visualizations | Slides presented by Utile at the November 28 Planning Board Meeting on buildout visualizations under the proposed dimensional standards | November 28, 2023 |
Presentation on Fiscal Impact Analysis | Slides presented by RKG at the November 28 Planning Board Meeting | November 28, 2023 |
Deadline Extension Denial from EOHLC | Letter from EOHLC denying the Planning Board's request for an extension of time for compliance | November 24, 2023 |
Fiscal Impact Analysis | RKG's report on the Fiscal Impact Analysis of adopting MBTA Communities | November 22, 2023 |
FAQs about MBTA Communities | An updated list of 20 frequently asked questions about how the MBTA Communities Law impacts Milton and the planning process. | November 21, 2023 |
Final District Map | Final district map for MBTA Communities subdistricts | November 9, 2023 |
MBTA Communities Zoning Language | Language for Article 1 and Article 2, relating to MBTA Communities, as it will appear in the December 2023 Special Town Meeting warrant. | November 9, 2023 |
November Public Forum Video Recording | MATV video recording of November 1st planning staff public forum | November 1, 2023 |
November Public Forum Presentation | Planning staff presentation from the November 1st public forum | November 1, 2023 |
Presentation from Planning Director on MBTA Communities Zoning Public Hearing | Presentation from the Director of Planning & Community Development on the Select Board's MBTA Communities Zoning article | October 26, 2023 |
EOHLC Letter on Milton's Rapid Transit Classification | Letter from the Executive Office of Housing & Livable Communities clarifying Milton's status as a Rapid Transit Community | October 23, 2023 |
October Public Forum Video Recording | MATV video recording of October 3rd planning staff public forum | October 3, 2023 |
October Public Forum Presentation | Planning staff presentation from the October 3rd public forum | October 3, 2023 |
Presentation from Utile on Final Subdistrict Refinement | Presentation regarding MBTA Communities subdistricts with updates following feedback at the September 14th presentation by Utile | September 28, 2023 |
Legal Memo on MBTA Communities Enforceability | Legal opinion from Town Counsel regarding the authority of EOHLC's guidelines for compliance with MBTA Communities | September 27, 2023 |
Fiscal Impact Analysis Preliminary Presentation | Presentation from RKG Associates on methodology and preliminary net fiscal impacts of multifamily development | September 28, 2023 |
Select Board Letter to EOHLC on Reclassification | Letter from the Select Board to the Executive Office of Housing & Livable Communities requesting additional clarification on Milton's Rapid Transit classification | September 22, 2023 |
Letter from Planning Board to the MBTA Requesting Reclassification | Letter from the Planning Board to the MBTA Board of Directors requesting that they remove the Mattapan Trolley from the T's rapid transit classification | September 15, 2023 |
Letter from Planning Board to EOHLC Requesting Extension on Compliance Deadline | Letter from the Planning Board to EOHLC Secretary Ed Augustus requesting a 180 day extension to Milton's compliance deadline | September 14, 2023 |
Presentation from Utile on Additional Refinement | Presentation regarding MBTA Communities subdistricts with updates following feedback at the September 7th presentation by Utile | September 14, 2023 |
Letter from the MBTA on the Mattapan Line's Rapid Transit Classification | Letter from the MBTA's Assistant General Manager for Policy and Transit Planning responding to requests for clarification on the Mattapan Line's designation as rapid transit | September 8, 2023 |
Presentation from Utile on Further Subdistrict Refinement | Presentation regarding MBTA Communities subdistricts with updates following feedback at the August 24th presentation by Utile | September 7, 2023 |
Existing Conditions Analysis | Presentation prepared by Planning Board Member Cheryl Tougias on existing multifamily homes in Milton | September 7, 2023 |
Presentation from Utile on Subdistrict Refinement | Presentation regarding MBTA Communities subdistricts & compliance pathways prepared by Utile | August 24, 2023 |
Select Board Briefing | Briefing delivered to the Select Board on continued compliance efforts | August 22, 2023 |
August Public Forum Video Recording | MATV video recording of August 15 planning staff public forum. | August 15, 2023 |
August Public Forum Presentation | Planning staff presentation from the August 15 public forum | August 15, 2023 |
Warrant Committee Presentation | Presentation delivered to the Warrant Committee on the Law and continued compliance efforts | August 14, 2023 |
Select Board Letter to the MBTA | Select Board Letter to the MBTA re: Classification of the Mattapan High Speed Line | August 10, 2023 |
Select Board Briefing | Briefing delivered to the Select Board on continued compliance efforts | July 25, 2023 |
July Public Forum Video Recording | MATV video recording of July 17 planning staff public forum | July 17, 2023 |
July Public Forum Presentation | Planning staff presentation from July 17 public forum | July 17, 2023 |
Presentation from Utile on Potential Subdistricts | Presentation regarding potential MBTA Communities subdistricts prepared by Utile | July 7, 2023 |
Memo from MAPC on Potential Subdistricts | Memo regarding potential MBTA Communities subdistricts prepared by MAPC | June 26, 2023 |
June Public Forum Video Recording | MATV video recording of June 15 planning staff public forum | June 15, 2023 |
June Public Forum Presentation | Planning staff presentation from June 15 public forum | June 15, 2023 |
May Public Forum Presentation (PDF) | Planning staff presentation from May 18 public forum | May 18, 2023 |
MBTA Communities FAQs (PDF) | Answers to frequently asked questions regarding the MBTA Communities law | March 14, 2023 |
Residential Density within Half Mile Radius of MBTA Stations (PDF) | Map developed using the Residensity tool to show residential density in Milton within the half-mile radius around MBTA stations | February 27, 2023 |
February Public Forum Video Recording | MATV video recording of February 16 planning staff public forum | February 16, 2023 |
February Public Forum Presentation (PDF) | Planning staff presentation from February 16 public forum | February 16, 2023 |
Final MBTA Communities Action Plan (PDF) | Action plan required by EOHLC (formerly DHCD) for interim compliance | January 23, 2023 |
AIM Presentation (PDF) | Presentation by Planning Director at a forum hosted by Affordable Inclusive Milton | December 15, 2022 |
MBTA Station Half Mile Radius Map (PDF) | Map illustrating the half-mile radius around each of Milton's MBTA stations | November 9, 2022 |
Potential District Scenarios (PDF) | Presentation requested by the Planning Board on potential locations for multifamily zoning districts | October 13, 2022 |
Select Board Comment Letter (PDF) | Comment letter on the EOHLC (formerly DHCD) draft guidelines submitted by the Select Board | March 30, 2022 |
Select Board Briefing (PDF) | Briefing delivered to the Select Board on the draft compliance guidelines from EOHLC (formerly DHCD) | March 1, 2022 |