Milton voters reject MBTA zoning plan
Milton voters rejected the town’s plan to comply with the MBTA Communities Act by 800 votes as close to half of the town’s registered voters turned out for a special election on Feb. 14.
The contentious fight over meeting the requirements under the MBTA Communities has divided the town in recent months and has drawn statewide attention to Milton. The vote came about after a group of residents rallied to overturn what they called the unfair and excessive burden being placed on the town by the 2021 law and the guidelines that were handed down from the state. Milton is the only one of the first group of 12 communities that were labeled “rapid transit communities” that has failed to meet the Jan. 2 deadline for compliance with the law that is aimed at addressing the regional housing crisis. Leading up to the election, Milton officials received reminders from the Healey-Driscoll Administration that noncompliance will result in the exclusion from several grant programs listed in the law as well as other discretionary funding sources. According to a recent letter from Attorney General Andrea Campbell, the Feb. 14 vote puts the town out of compliance with the MBTA Communities Act, which required Milton to create zoning districts that allow multifamily housing by right. The letter contained what was termed “a diplomatic threat of legal action” against the town. The town’s plan, called Article 1, initially was approved by a two-thirds margin at the representative Town Meeting in December but a group of residents calling themselves No4Milton engaged in a signature drive and successfully put the measure on a special ballot. Despite a one-day delay from Feb. 13 due to the anticipated blizzard, Milton residents turned out in droves on Feb. 14 with voting wardens at most of the town's 10 precincts noting steady and high participation throughout the day. The districts would need to have the zoned capacity for 2,461 units of housing, which includes existing units on the properties. The law does not mandate any new construction and it would be up to property owners whether to take advantage of the overlay zoning. Voters in Precincts 6 and 7 that are in East Milton were skewed strongly against the article from the December Town Meeting that included subdistricts that concentrated zoned capacity along Granite Avenue that runs along the Southeast Expressway and is overwhelmed with traffic during rush hour. Town Clerk Susan Galvin said that the turnout was comparable to the historically high local election turnout for an operational override in 2019.About 3,000 votes were cast via absentee or early voting, she said.No4Milton supporter Brian Kelley said, “We’re pleased to have won. The people voted. I’m not saying it was a slam dunk win. It was a close race.” Kelley credited former Planning Board member Denny Swenson for her leadership and positivity in leading what he called a “ragtag army.” Kelley said that after he takes a breath, his group is looking forward to working with the Planning Board on an alternative plan.“ This election gives us an opportunity to make that plan better,” he said. Kelley said that the first thing that needs to be done is to have the town reclassified to a lower category such as adjacent community under the law that would require less zoned capacity and give Milton at least one more year to come up with its plan. He said the state’s requirements were “too much too fast” and didn’t offer any solutions to “the congestion that is just horrible in our town already. ”Kelley said, “Other communities might be watching us so I hope the state is aware of this. We’re going to end up with something. ”Cheryl Tougias, who was the sole Planning Board member to support Article 1, said she was disappointed in the election results. “I believe the zoning that was just rejected not only meets state law, but is also well-crafted zoning that provides opportunities for new housing and businesses, all compatible with Milton’s neighborhoods. It does not allow excessive new construction. It would not destroy neighborhoods. It would, however, allow the town to evolve to meet its future needs,” Tougias said in an email. She said that no alternative compliant zoning has been offered. “Milton is now out of compliance with state law, until and unless new zoning passes at a future Town Meeting. I am concerned about the fiscal impacts, and the loss of local control of zoning, which is now ceded to the state and the courts,” Tougias said. She said that the numerous 40B projects that were recently approved are an example of the loss of local control. “Residents who live near them understand it. They see projects that are completely out of scale and character with their neighborhoods,” Tougias said. “I hope that one day residents will view zoning as allowing opportunity for improvement rather than as a recipe for disaster.”