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Millbury Board Of Selectmen Put Forth A Second MBTA Communities Act Zoning Amendment
The fate of Millbury’s MBTA Communities Act zoning amendments now rests in the hands of its residents. On March 11, 2025, the Board of Selectmen approved a zoning amendment covering Route 146 southbound, along with two additional areas on Grafton Road (Route 122) and Westborough Road, placing it on the warrant for the May 6, 2025, town meeting. Ultimately, it will be the registered voters in attendance who decide its outcome. While the board’s process allowed for resident engagement and input, the final decision now shifts to the community—making public participation more crucial than ever.
Municipal Challenges To The MBTA Communities Act As An “Unfunded Mandate”
Hill Law, a Massachusetts firm specializing in land use and municipal law, prepared the following memorandum for its clients. At least one client shared this document to help educate the public about their legal rights under Massachusetts General Laws. This information is crucial for municipal officials and concerned residents to understand their rights regarding the MBTA Communities Act (M.G.L. c. 40A § 3A) as determined to be an “unfunded mandate”. The Act could have significant impacts on communities and the tax burdens that residents may face.
Millbury’s Fight Against The MBTA Communities Act: Zoning, Development, And The Future Of Our Town
Learn about Millbury’s proposed zoning amendments for the MBTA Communities Act (M.G.L. c. 40A § 3A), aimed at minimizing its impact while ensuring responsible development. Stay informed and participate in upcoming town meetings to shape the future of your community.
MBTA Communities Law: Attorney General vs. Auditor – What It Really Means
Massachusetts Attorney General Andrea Joy Campbell’s response to the State Auditor’s determination on the MBTA communities Act being an unfunded mandate raises critical legal and political concerns. Typically, administrative agencies receive deference when interpreting and applying their own statutes. The AG’s office regularly argues this principle in court. Yet, in this case, when the Auditor applied her statutory authority, Campbell swiftly declared, without legal justification, that the Auditor was “wrong.”
Outcome Of Board Of Selectmen MBTA Communities Act Discussion
The Millbury Board of Selectmen’s meeting focused on the town’s stance regarding the MBTA Communities Act. Scott Despres emphasized that if voters reject the Act again on May 6, 2025, the Board will not push for additional votes. Discussions revealed differing views on whether the Board pressured the Planning Board to act. Resident Steve Stearns presented nine alternative zoning options, primarily focused on East Millbury, analyzing factors such as wetlands, sewer access, and proximity to transit. The Board leaned toward Option 7, located in Millbury’s northeast corner. A placeholder for a revised zoning amendment was approved, with a final vote set for the next meeting. Despite ongoing discussions, opposition to the Act remains strong among officials and residents, making another Town Meeting defeat a real possibility.
Millbury Planning Board Decision On MBTA Communities Act Town Warrant Article
After much indecision and without a clear strategy, the Millbury Planning Board, under pressure from the Millbury Board of Selectmen, narrowly voted 3 to 2 to propose another town warrant article for the MBTA Communities Act at the annual town meeting. This decision disregards the overwhelming majority of registered voters who participated at the special town meeting on November 9, 2024, decisively rejected the MBTA Communities Act zoning amendments. Despite this clear message from residents, the Board of Selectmen chose to discount the vote, driven by fear of repercussions from the Commonwealth of Massachusetts. It was clear that most Millbury Planning Board members were not in favor of reintroducing the MBTA Communities Act zoning amendments and do not support the Act itself, as they acknowledged the strong opposition from residents. However, despite this, they moved forward, bringing the matter back before registered voters.