On February 14, Milton voters chose to reject a zoning proposal to comply with the MBTA Communities Law by a roughly 55-45 margin. The law, passed in January of 2021, requires multi-family housing to be built near MBTA service areas.

The law was passed unanimously in the Massachusetts state senate by a 143-4 margin. It was then signed into law by then-governor Charlie Baker.

Massachusetts Attorney General Andrea Campbell said in a press release, “The MBTA Communities Law was enacted to address our region-wide need for housing, and compliance with it is mandatory.”

By voting to reject the zoning ordinance, Milton is not in compliance with the law.

As a result, Campbell filed a lawsuit against Milton on February 27, which “seeks a court order to require Milton to come into compliance with the law.” So far, the state has rescinded over $140,000 in funding that would’ve been used for a seawall, and the town is no longer eligible for MassWorks and HousingWorks grants.

The proposed zoning was developed by the town’s Planning Board and approved by the Town Meeting with a two-thirds majority, however, No vote supporters requested additional review of the proposal by the Planning Board and Select Board.

Those behind the No for Milton campaign predominantly disagree with the proposed zoning, claiming that it could lead to increased traffic, there is limited infrastructure, and that housing would be developed by investors and would be sold at market rate.

According to the Yes for Milton campaign website, reasons for voting to support the proposed zoning include compliance with the law, keeping state funding, ensuring local control over what ultimately gets built, and alleviating the state’s housing crisis.

Importantly, the Yes for Milton campaign claims that noncompliance means the state could allow the state to withhold funding from schools, including the aforementioned grants for which Milton is at a disadvantage.

Milton is currently dealing with a school overcrowding crisis and has plans to build a new school. No voters were concerned that large numbers of housing, which must be designed to accommodate families, would lead to even more students in the schools.

However, the Yes campaign argues that some of the state funding set aside for the construction of the school could be withheld.

The state currently has not withheld any funding specifically set aside for schools, roads, or other important items, though it can do so in the future.

Milton was among the first communities to vote in compliance with the law, and state officials are concerned that Milton’s no-vote could encourage other communities to vote similarly.

Executive Office of Housing and Livable Communities Secretary Ed Augustus said in a press release, “The law will forge a more affordable and livable community by removing barriers to creating new multi-family housing in Milton. The Executive Office of Housing and Livable Communities is hopeful that we can continue working with Milton to bring the town into compliance and build a stronger, more affordable Massachusetts for everyone.”

Though the lawsuit may be viewed as a threat, according to the Boston Herald and Mass Transit, Governor Maura Healy, Campbell, and Augustus have expressed their intent for the state to work alongside Milton to come into compliance.