Friday, June 20, 2025

MBTA Communities fight lingers in courts, on Beacon Hill



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MBTA Communities fight lingers in courts, on Beacon Hill

June 20, 2025

By Jennifer Smith

With several towns opting this week to finally get into compliance with the MBTA Communities housing law, some municipalities who claim the law asks too much of them are still looking to the courts and the Legislature for relief.


Milton and Duxbury voters at special town meetings approved zoning that would meet the requirements of the housing law that requires cities and towns served by the MBTA system to rezone to make it easier to build multi-family housing. Ipswich special Town Meeting voters rejected a citizen’s petition to overturn the town’s compliant zoning plan.  


Before 69 percent of Milton voters decided to adopt new zoning, state Rep. Richard Wells, of Milton, told Town Meeting that it’s time now for elected officials and the courts to consider the matter. 


There are no less than 40 bills on Beacon Hill right now addressing MBTA Communities from a multitude of perspectives, Wells said. It’s likely, he said, that “either judicially or legislatively, there will be changes to MBTA Communities going forward.” 

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Superior Court Justice Mark Gildea, who is overseeing many of the suits challenging MBTA Communities regulations, dispensed with a core argument and a bundle of nine complaints in early June. Despite a determination from the state auditor’s office that the housing law was an “unfunded mandate” – imposing direct costs on cities and towns without including a proper funding mechanism – Gildea found that the supposed costs were too speculative and noted that there are fundings sources available from the state to help reduce the burden of increasing housing supply. 


Gildea is currently considering a lawsuit brought by 16 Milton taxpayers challenging the town’s classification as a “rapid transit community.” The group of residents argue that the Executive Office of Housing and Livable Communities incorrectly tethered the town’s transit status, and therefore its rezoning requirements, to the quaint single-car Mattapan High-Speed Trolley rather than the more distant commuter rail and MBTA subway stations. 

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