Milton's rebellion over MBTA housing law: How will state's highest court rule

On Monday, all eyes will be on Milton.

The Supreme Judicial Court will hear oral arguments in the Massachusetts Attorney General’s lawsuit against the South Shore town, whose residents initially approved, then revoked support of, zoning to comply with a state law.

This action has also led to the town losing state grants as a penalty.

The MBTA Communities Act, signed in January 2021, requires 177 towns and cities in the commonwealth to designate at least one zoning overlay district near public transportation that allows for multifamily housing as of right. There can’t be any age restrictions on the housing and the minimum density must be 15 units per acre.

There is no requirement to build these units. Rather, a zoning overlay district just adds one more permitted type of use. For example, if a parcel zoned for business is included in the MBTA zoning overlay district, then multifamily housing and business uses are allowed for any future redevelopment of the parcel.

How each community was designated – “rapid transit,” “commuter rail,” “adjacent community” or “adjacent small town” – determines the minimum number of units for which the community has to zone.

More: Healey announces new fund to reward compliance with MBTA Communities Act

Here’s how Milton ended up in court over the MBTA Communities Act

The state’s 12 rapid transit communities, the designation given Milton, had to zone for 25% of the 2020 housing stock. In Milton’s case, that was 2,461 units. The town received $80,000 in technical assistance from the state to put together a proposal.

These communities faced a December 2023 deadline to pass zoning rules to comply with the law. Quincy and Braintree , also deemed rapid transit communities, adopted their respective proposals that December.

And Milton residents did so by a vote of 158 to 76 after a two-night special town meeting in mid-December 2023. The proposal was to create overlay districts along the trolley line from Blue Hills Parkway to Adams Street, and two other areas near the Interstate 93 interchange and surrounding the intersection of Adams Street and Granite Avenue.

But a contingent of residents 10 times the size of that at the special town meeting signed a petition to ask that a town election be held on the decision. Prior to the Feb. 14 election, state Attorney General Andrea Campbell wrote a letter to the select board and town administrator that her office preferred “cooperation and collaboration” but would “carry out its responsibility to enforce the law, without hesitation” if the voters rejected the zoning.

This included a lawsuit and revoking state funds.

On the night of the special election , 5,115 residents voted against the zoning and 4,346 voted for it. Even though the vote was postponed due to a storm, it was the highest municipal election turnout since a Proposition 2½ override vote in 2009.

So, then the state stepped in more strongly

As a result, the state immediately revoked a $140,800 seawall grant. Two weeks after the election, Campbell asked the Supreme Judicial Court to force Milton to comply, saying that the law is mandatory. The town argued that the state’s requirements are outside of what the legislature had intended, and it challenges the Mattapan line designation as a subway.

The towns of Hamilton and Middleboro have also filed amicus briefs in the case, meaning they’re not directly involved but they have an interest in the case’s outcome.

What does this MBTA court case mean for other Massachusetts towns?

The decision from the state’s highest court isn’t expected for several months, beyond the end-of-year deadline for the largest contingent of MBTA communities designated as commuter rail and adjacent communities.

That puts some of these communities that have also rejected their respective MBTA zoning rules in a dicey position, potentially opening themselves up to legal action as well. On the South Shore, those towns are Norwell, Hanson, Hanover and Marshfield.

Meanwhile, Milton's planning board continues to work on revised zoning districts to put the town into compliance.

Seventy-five of the 177 MBTA communities have passed zoning to comply with the law, and Gov. Maura Healey's administration said it is expecting more as fall town meetings approach.

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's rebellion over MBTA housing law: How will state's highest court rule