Massachusetts
Everything you need to know about the MBTA Communities law but are perhaps afraid to ask – The Boston Globe
And it’s controversial. Housing is a lightning-rod issue, particularly when it is proposed close to home. Already, one town is in court battling the state over the law, and a few other communities have publicly considered following suit.
All of that has propelled the law into the spotlight and created a lot of confusion about what it actually does.
Here’s what you need to know about MBTA Communities, and what it might mean for your community.
What is the law?
MBTA Communities was included in a broad economic development bill that was signed into law in early 2021 by then-Governor Charlie Baker.
Very simply, it requires 177 communities, mostly in Eastern Massachusetts, to write new land-use rules allowing multifamily housing by-right — meaning developments do not need a special permit — in at least one district of town. The district should be within a half-mile of a transit station, if the town has one, and provide a density of at least 15 units per acre — which could be a single five- to six-story building, or a cluster of townhouse condos.
Communities have quite a bit of flexibility on where to place their zone and what to allow in it. A town could draw a relatively small zone that allows for denser, taller buildings, or a larger zone (or zones) that keeps buildings smaller.
What are the guidelines and how were they created?
The statute itself is relatively short and charges the state housing office with creating the law’s parameters — which it did in August 2022.
The most significant piece of the guidelines created “unit capacity” targets that each community’s zoning must hit. The state established four categories of communities with varying levels of obligation under the law.
The first — rapid transit communities, the 12 cities and towns served by the T’s light rail system (the Red, Orange, Green, and Blue lines) — have the greatest obligation, a requirement to create zones that would, theoretically, allow for enough units to increase their housing stock by 25 percent or more. So if a town has 7,500 housing units, they’d have to allow for an additional 1,875. The 12 rapid transit communities had to draw up plans by the end of 2023.
The other categories — commuter rail, adjacent community, and adjacent small town — have lesser obligations. Commuter rail communities, for example, must zone for an additional 15 percent of existing units. Adjacent communities have to zone for five percent. Their plans are due by the end of this year — setting up key votes at spring and fall town meetings in many communities.
Does the law require communities to build all this housing?
No. Not at all. MBTA Communities only requires towns to write new zoning rules. Building the housing is largely up to the market, and that’s where things start to get really complicated.
For starters, those “unit capacity” numbers the state requires are basically a measurement of what would get built in a given zone if the land was entirely empty. Of course, in urban and suburban Massachusetts, empty land is exceedingly rare. And many towns are targeting their most developed areas — downtowns — for their new zoning.
When the state says Newton needs to create a zone that can accommodate 8,330 units, it really means that, in a theoretical scenario where every building in whatever zone the town draws is razed to the ground and then rebuilt at maximum density and height allowed under the zoning, 8,330 units could fit there.
Of course, there are lots of buildings already there. They’re owned by someone. That owner would have to agree to sell before any developer could replace them with something bigger. Most won’t.
There’s also the economy. Interest rates and construction costs are already slowing new housing construction. And — if a town rezones two-story parcels to hold three stories, as Brookline and Newton did last year — there’s not much money in it for a developer, who would have to buy the building, raze it, and then rebuild it just to add one additional floor of apartments.
At its core, MBTA Communities is a zoning law, not a housing production requirement. It asks towns to update antiquated rules that were often passed after towns were built out with more modern ones. That will spark some new development, but only so much.
Does the MBTA have anything to do with the law?
No. Despite the name, the MBTA is in no way involved in the law. MBTA Communities simply applies to cities and towns that have an MBTA stop or are adjacent to a community that has one.
The idea behind the law is to create housing near transit stations — many (though not all) of which are in relatively dense town centers. It aims to encourage transit use and walkability, and it means that most of the density that might result from the law would be clustered near transit stations, generally not in the single-family neighborhoods many residents want to protect.
Whose law is it, anyway?
The law was signed by Baker, but it wasn’t his idea. Housing advocates and some legislators had been kicking around a transit-oriented housing law for the better part of a decade before MBTA Communities was tucked with little fanfare into a 3,000-page economic development bill. Baker did resist calls to veto the measure though, and his administration wrote the guidelines that communities are grappling with today. Governor Maura Healey inherited the rollout of MBTA Communities when she took office in 2023 and has enforced it enthusastically.
What’s going on in Milton?
Because the Mattapan Trolley runs along its northern edge, Milton is classified as a rapid transit community under the guidelines and was supposed to pass new zoning rules by the end of 2023. It did, with a compliant zoning plan that was approved by Town Meeting late last year.
But opponents quickly forced a referendum, and in February, the town’s voters overturned that zoning plan, making Milton the first community in the state to be formally out of compliance with the law.
Attorney General Andrea Campbell sued the town a few weeks later, and the case is set to be heard by the Supreme Judicial Court this fall. Milton, in its legal filings, has claimed that the law’s guidelines are not legally enforceable and put too great a burden on towns. It objects in particular to the town’s “rapid transit” classification, saying the train is too slow and doesn’t hold enough passengers to be in that category. (The state has rebuffed multiple requests from town officials to have Milton reclassified.)
Communities across Eastern Massachusetts are watching closely.
Does the state have legal authority over zoning?
This question is really at the heart of the debate over MBTA Communities, and it’s a question that will be answered by the Supreme Judicial Court later this year.
In their filings, attorneys for Milton argue that the town has constitutional claims to local zoning control under Home Rule, the amendment that grants municipalities the ability to pass their own local rules. They’ve also argued that the attorney general does not have the legal standing to force local governments to adopt certain zoning provisions.
Campbell, as the state’s chief law enforcement officer, sees it differently. MBTA Communities is a state law, she argues, and towns are obligated to comply. Legal experts have told the Globe recently that zoning powers ultimately lie with the state. Municipalities, they say, are creatures of the state, and there are other longstanding state zoning laws that override local control.
The SJC will ultimately rule on a couple of key questions, including whether and to what extent municipalities are obligated to comply with the requirements” of MBTA Communities “and the related [guidelines] issued by what is now the Executive Office of Housing and Livable Communities,” according to recent filings.
Whatever the ruling, it will have huge implications on local zoning and the state’s broader efforts to address the housing crisis.
Andrew Brinker can be reached at andrew.brinker@globe.com. Follow him @andrewnbrinker.
Massachusetts
‘Light and fluffy’ snow sweeps across Massachusetts on Saturday
Snow flurries are expected to sweep across Massachusetts on Saturday morning, with some areas of the state potentially receiving up to three inches of accumulation by the end of the day.
The snow is “expected to be light and fluffy in nature given the cold atmosphere,” according to the National Weather Service.
It’s expected to taper off from west to east later in the afternoon.
Western Massachusetts and Worcester will likely see the lightest snowfall. These areas, with a high of 31 degrees, can expect less than an inch of accumulation, while Springfield may only see a dusting.
The Berkshires, where temperatures may struggle to reach 28 degrees could see up to an inch of snow.
Eastern parts of Massachusetts are expected to see the most snowfall. Boston, with a high of 33 degrees, may see around two inches of snow.
However, Essex County could reach three inches by the time snow wraps up after 8 p.m., the National Weather Service reported.
Cape Cod may have milder temperatures with a high of 35 degrees and is expected to see the least amount of snow, which will likely be less than an inch.
Massachusetts
Vigil marks 2 years since mysterious disappearance of Brittany Tee in Massachusetts
BROOKFIELD – The Brookfield community gathered for a candlelight vigil Friday night, marking two years since the disappearance of 35-year-old Brittany Tee on January 10, 2023.
The community packed the Brookfield Congregational Church, surrounding the family and vowing to keep looking for Brittany.
Since that January 10th day, her family has been carrying an unrelenting weight on their hearts, not knowing where she is.
“Where is she? What happened to her?”
“They say time heals all wounds, but I disagree, not when your family member disappears out of nowhere without a trace,” said Brittany’s sister Bethany Tee. “Time is making that wound bigger. There is no healing, no closure, just daily heaviness in your heart and constant thoughts of worry. Where is she? What happened to her? Is she safe? Are we doing enough?”
The 35-year-old was last seen leaving the Main Street house she shared with her boyfriend that Tuesday evening. Despite efforts to reach her, she was never seen again.
A nearby river and woods have been searched extensively with no results.
DA attends vigil
Worcester Country District Attorney Joseph Early joined the vigil to assure the community investigators are still working the case.
“It doesn’t always happen as quickly as we would like, and that’s the tough part, that’s tough, the anxiety, the wonder,” said DA Early. “But I can tell you this, everything they do they do it better than anyone I’ve ever seen.”
Two years later, they hold onto every hope, hug, kind word and prayer, refusing to give up on finding Brittany.
“We are not giving up; we will never give up. We love and miss you Brit and we’ll bring you home,” said Bethany Tee.
The night she was last seen, Brittany wore a black winter coat, a hoodie, jeans, and work boots.
An anonymous tip line has been set up at (508) 453-7589. People are encouraged to call if they know anything or something comes to mind.
Massachusetts
EZDriveMA text message scam resurfaces. Here’s what Massachusetts drivers should do if you get one.
BOSTON – A texting scam targeting drivers in Massachusetts has resurfaced. It claims that drivers owe money for unpaid E-ZPass tolls through EZDriveMA.
The scam first appeared back in June and recently surged again during the holidays, according to the Massachusetts Department of Transportation (MassDOT).
EZDriveMA scam – how it works
The scammers target drivers using “smishing” where they send a text or email saying they are part of the tolling agency. They claim that a driver has an unpaid toll and that they should settle their bill using a link provided before late fees occur.
“They’re really playing to your psyche, asking you to make sure you avoid these charges and try to do the right thing. And unfortunately, it really gets people roped in,” MassDOT Highway Administrator Jonathan Gulliver told WBZ-TV Friday.
MassDOT urges customers to never click links sent by unknown numbers or emails. They emphasized that they will never send a bill or any information through a text message.
Gulliver says the scam targets people with phone numbers near tolling authorities. The scammers do not have any specific information about their targets but hope to get personal and financial information through the link. He said that he personally received one of the messages.
Dartmouth Police issued a warning to residents about the scam making the rounds again, saying that an officer personally received one of the messages.
What to do if you receive a scam text message
If you think you have received a scam text message, officials say you should not click on any links, do not respond to the message, and do not give out any personal information. They advise people to ignore the message completely and delete it before interacting with it.
If you are concerned about a message, you can validate the authenticity of it by going directly to the toll website or calling the toll authority at 877-627-7745.
If you have already clicked on a link, MassDOT recommends taking precautions to secure your financial and personal information and disputing any unknown charges through your bank.
“First thing you should do, don’t call us. Call your bank or your credit card. If you have already given them some information, make sure you put a hold on whatever account you have, work with their fraud unit to make sure that you’re not exposing yourself to anything more,” Gulliver said.
If you believe you have received one of these scam text messages, you can file a complaint with the FBI through the Internet Crime Complaint Center (ICC).
Past E-ZPass scam
This type of “smishing” scam surged in Massachusetts in 2024. The scam similarly included an invoice advising people to settle an overdue EZDriveMa bill using a provided link.
A retired FBI agent said the scam was successful because it collected cash in small amounts and that people may not have been aware that they had passed through a toll.
-
Politics1 week ago
New Orleans attacker had 'remote detonator' for explosives in French Quarter, Biden says
-
Politics1 week ago
Carter's judicial picks reshaped the federal bench across the country
-
Politics7 days ago
Who Are the Recipients of the Presidential Medal of Freedom?
-
Health6 days ago
Ozempic ‘microdosing’ is the new weight-loss trend: Should you try it?
-
World1 week ago
South Korea extends Boeing 737-800 inspections as Jeju Air wreckage lifted
-
Technology2 days ago
Meta is highlighting a splintering global approach to online speech
-
World1 week ago
Weather warnings as freezing temperatures hit United Kingdom
-
News1 week ago
Seeking to heal the country, Jimmy Carter pardoned men who evaded the Vietnam War draft