MBTA Communities Multi-Family Zoning Requirement


Map showing MBTA Communities by CategoryIn 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.

2024 Zoning Efforts

ResourceDescriptionDate
April 10th Consultant PresentationUpdated PresentationApril 10, 2025
April 7th  Consultant PresentationPresentation by UtileApril 7th, 2025
March 27th Consultant PresentationPresentation by UtileMarch 27th, 2025
March 24th Consultant PresentationPresentation by UtileMarch 24th, 2025
March 3 Consultant PresentationPresentation by UtileMarch 3, 2025
December 12 Consultant PresentationPresentation on Eliot Street Corridor boundary refinementsDecember 12, 2024
October 23 Consultant PresentationPresentation on alternative scenariosOctober 23, 2024
September 16 Consultant PresentationPresentation on alternative scenarios with updated unit capacities in different districtsSeptember 16, 2024
District ScorecardScorecard highlighting and ranking different districts.August 22, 2024
August 6 Consultant PresentationPresentation on calculations of Milton's "Adjacent Community"' with updated commuter rail parcel informationAugust 6, 2024
REVISED July 18 Milton Adjacent Community Calculations PresentationRevised presentation on calculations of Milton  "Adjacent Community".July 18, 2024
July 18 Milton Adjacent Community Calculations PresentationPresentation on calculations of Milton  "Adjacent Community".July 18, 2024
June 27 Consultant PresentationPresentation on "Adjacent Community" compliance from Utile, the Planning Board's technical assistance consultantJune 27, 2024
Guiding PrinciplesDraft 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 MaterialsDescriptionAmountDate
FY2025 Clean Water State Revolving FundThe 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. $150,000April 8, 2025
COA Passenger Bus Grant Application DenialDocuments 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. $97,334April 4, 2025
Email from the DOR DLS Community Compact re: Ineligibility for FY25 Community Compact Information Technology Grant ProgramThe 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. $110,000April 2, 2025 
Email from the Massachusetts Office on Disability re: Ineligibility for a Municipal ADA Improvement GrantThe 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. $55,000November 21, 2024
Email from Commonwealth of Massachusetts re: Ineligibility for Municipal Fiber Grant ProgramThe 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.$250,000June 6, 2024
Seaport Economic Council Grant Award LetterLetter announcing a grant award to the Town for a seawall improvement project, with the grant award contingent on MBTA Communities Act compliance$140,800January 26, 2024


Documents related to Communications with the Commonwealth of Massachusetts and the Attorney General's Lawsuit

ResourceDescriptionDate
Select Board Public CommentsComments submitted regarding MBTA Communities RegulationsFebruary 21, 2025
Planning Board Public CommentsComments submitted regarding MBTA Communities RegulationsFebruary 21, 2025
EOHLC Letter to Milton re NoncomplianceLetter 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, 2025February 19, 2025
Town of Milton Letter re 2025 Action PlanThe 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 MILTONThe 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 FundingOn 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 StatementThe Select Board issued a statement regarding the Attorney General's lawsuitMarch 27, 2024
Letter from HLC Secretary Augustus on Consequences of Non-ComplianceLetter from EOHLC Secretary Ed Augustus clarifying the loss of grants as a result of Milton's vote against MBTA Communities and encouraging steps towards complianceFebruary 21, 2024
Letter from HLC re: Milton's non-compliance with the MBTA Communities ActNotification from EOHLC that the Town is now considered non-compliant with the MBTA Communities ActFebruary 16, 2024
Town Administrator Letter on At-Risk State GrantsLetter from Milton's Town Administrator regarding state funding that may be at risk if Milton is noncompliant with the MBTA Communities ActJanuary 25, 2024
Attorney General's Letter to the Select BoardLetter 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 ActJanuary 16, 2024
Select Board Letter to EOHLC re MBTA Communities Act ComplianceLetter 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 EOHLCJanuary 10, 2024
EOHLC Secretary Augustus Letter to Town of MiltonLetter 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, 2024January 9, 2024
Town Counsel Memo re: 2 Year Ban for Consideration of previously disapproved Zoning Bylaw AmendmentsLetter 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)

ResourceDescriptionDate
Final Fiscal Impact AnalysisFinalized report from RKG on the potential fiscal impacts of MBTA Communities compliance.December 6, 2023
Recording of Presentation to Town Meeting MembersRecording 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 MembersPresentation 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 RequestLetter from the EOHLC Secretary rejecting a request for an extension of Milton's compliance deadline.November 29, 2023
November 28 Planning Board Meeting RecordingRecording 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 VisualizationsSlides presented by Utile at the November 28 Planning Board Meeting on buildout visualizations under the proposed dimensional standardsNovember 28, 2023
Presentation on Fiscal Impact AnalysisSlides presented by RKG at the November 28 Planning Board MeetingNovember 28, 2023
Deadline Extension Denial from EOHLCLetter from EOHLC denying the Planning Board's request for an extension of time for complianceNovember 24, 2023
Fiscal Impact AnalysisRKG's report on the Fiscal Impact Analysis of adopting MBTA CommunitiesNovember 22, 2023
FAQs about MBTA CommunitiesAn updated list of 20 frequently asked questions about how the MBTA Communities Law impacts Milton and the planning process.November 21, 2023
Final District MapFinal district map for MBTA Communities subdistrictsNovember 9, 2023
MBTA Communities Zoning LanguageLanguage 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 RecordingMATV video recording of November 1st planning staff public forumNovember 1, 2023
November Public Forum PresentationPlanning staff presentation from the November 1st public forumNovember 1, 2023
Presentation from Planning Director on MBTA Communities Zoning Public HearingPresentation from the Director of Planning & Community Development on the Select Board's MBTA Communities Zoning articleOctober 26, 2023
EOHLC Letter on Milton's Rapid Transit ClassificationLetter from the Executive Office of Housing & Livable Communities clarifying Milton's status as a Rapid Transit CommunityOctober 23, 2023
October Public Forum Video Recording
MATV video recording of October 3rd planning staff public forumOctober 3, 2023
October Public Forum PresentationPlanning staff presentation from the October 3rd public forumOctober 3, 2023
Presentation from Utile on Final Subdistrict RefinementPresentation regarding MBTA Communities subdistricts with updates following feedback at the September 14th presentation by UtileSeptember 28, 2023
Legal Memo on MBTA Communities EnforceabilityLegal opinion from Town Counsel regarding the authority of EOHLC's guidelines for compliance with MBTA CommunitiesSeptember 27, 2023
Fiscal Impact Analysis Preliminary PresentationPresentation from RKG Associates on methodology and preliminary net fiscal impacts of multifamily developmentSeptember 28, 2023
Select Board Letter to EOHLC on ReclassificationLetter from the Select Board to the Executive Office of Housing & Livable Communities requesting additional clarification on Milton's Rapid Transit classificationSeptember 22, 2023
Letter from Planning Board to the MBTA Requesting ReclassificationLetter from the Planning Board to the MBTA Board of Directors requesting that they remove the Mattapan Trolley from the T's rapid transit classificationSeptember 15, 2023
Letter from Planning Board to EOHLC Requesting Extension on Compliance DeadlineLetter from the Planning Board to EOHLC Secretary Ed Augustus requesting a 180 day extension to Milton's compliance deadlineSeptember 14, 2023
Presentation from Utile on Additional RefinementPresentation regarding MBTA Communities subdistricts with updates following feedback at the September 7th presentation by UtileSeptember 14, 2023
Letter from the MBTA on the Mattapan Line's Rapid Transit ClassificationLetter 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 transitSeptember 8, 2023
Presentation from Utile on Further Subdistrict RefinementPresentation regarding MBTA Communities subdistricts with updates following feedback at the August 24th presentation by UtileSeptember 7, 2023
Existing Conditions AnalysisPresentation prepared by Planning Board Member Cheryl Tougias on existing multifamily homes in MiltonSeptember 7, 2023
Presentation from Utile on Subdistrict RefinementPresentation regarding MBTA Communities subdistricts & compliance pathways prepared by UtileAugust 24, 2023
Select Board BriefingBriefing delivered to the Select Board on continued compliance effortsAugust 22, 2023
August Public Forum Video RecordingMATV video recording of August 15 planning staff public forum.August 15, 2023
August Public Forum PresentationPlanning staff presentation from the August 15 public forumAugust 15, 2023
Warrant Committee PresentationPresentation delivered to the Warrant Committee on the Law and continued compliance effortsAugust 14, 2023
Select Board Letter to the MBTASelect Board Letter to the MBTA re: Classification of the Mattapan High Speed LineAugust 10, 2023
Select Board BriefingBriefing delivered to the Select Board on continued compliance effortsJuly 25, 2023
July Public Forum Video RecordingMATV video recording of July 17 planning staff public forumJuly 17, 2023
July Public Forum PresentationPlanning staff presentation from July 17 public forumJuly 17, 2023
Presentation from Utile on Potential SubdistrictsPresentation regarding potential MBTA Communities subdistricts prepared by UtileJuly 7, 2023
Memo from MAPC on Potential SubdistrictsMemo regarding potential MBTA Communities subdistricts prepared by MAPCJune 26, 2023
June Public Forum Video RecordingMATV video recording of June 15 planning staff public forumJune 15, 2023
June Public Forum PresentationPlanning staff presentation from June 15 public forumJune 15, 2023
May Public Forum Presentation (PDF)Planning staff presentation from May 18 public forumMay 18, 2023
MBTA Communities FAQs (PDF)Answers to frequently asked questions regarding the MBTA Communities lawMarch 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 stationsFebruary 27, 2023     
February Public Forum Video RecordingMATV video recording of February 16 planning staff public forumFebruary 16, 2023
February Public Forum Presentation (PDF)Planning staff presentation from February 16 public forumFebruary 16, 2023
Final MBTA Communities Action Plan (PDF)Action plan required by EOHLC (formerly DHCD) for interim complianceJanuary 23, 2023
AIM Presentation (PDF)Presentation by Planning Director at a forum hosted by Affordable Inclusive MiltonDecember 15, 2022
MBTA Station Half Mile Radius Map (PDF)Map illustrating the half-mile radius around each of Milton's MBTA stationsNovember 9, 2022
Potential District Scenarios (PDF)Presentation requested by the Planning Board on potential locations for multifamily zoning districtsOctober 13, 2022
Select Board Comment Letter (PDF)Comment letter on the EOHLC (formerly DHCD) draft guidelines submitted by the Select BoardMarch 30, 2022
Select Board Briefing  (PDF)Briefing delivered to the Select Board on the draft compliance guidelines from EOHLC (formerly DHCD)March 1, 2022