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Mass. gives noncompliant towns more time to meet MBTA zoning regulations

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Mass. gives noncompliant towns more time to meet MBTA zoning regulations


The Healey administration filed emergency regulations late Tuesday afternoon to implement the controversial law meant to spur greater housing production, after Massachusetts’ highest court struck down the last pass at drafting those rules.

The Supreme Judicial Court upheld the MBTA Communities Act as a constitutional law last week, but said it was “ineffective” until the governor’s Executive Office of Housing and Livable Communities promulgated new guidelines. The court said EOHLC did not follow state law when creating the regulations the first time around, rendering them “presently unenforceable.”

The emergency regulations filed Tuesday are in effect for 90 days. Over the next three months, EOHLC intends to adopt permanent guidelines following a public comment period, before the expiration of the temporary procedures, a release from the office said.

“The emergency regulations do not substantively change the law’s zoning requirements and do not affect any determinations of compliance that have been already issued by EOHLC. The regulations do provide additional time for MBTA communities that failed to meet prior deadlines to come into compliance with the law,” the press release said.

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Massachusetts’ Supreme Judicial Court ruled that the state’s attorney general has the power to enforce the MBTA Communities Law, which requires communities near MBTA services to zone for more multifamily housing, but it also ruled that existing guidelines aren’t enforceable.

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The MBTA Communities Act requires 177 municipalities that host or are adjacent to MBTA service to zone for multifamily housing by right in at least one district.

Cities and towns are classified in one of four categories, and there were different compliance deadlines in the original regulations promulgated by EOHLC: host to rapid transit service (deadline of Dec. 31, 2023), host to commuter rail service (deadline of Dec. 31, 2024), adjacent community (deadline of Dec. 31, 2024) and adjacent small town (deadline of Dec. 31, 2025).

Under the emergency regulations, communities that did not meet prior deadlines must submit a new action plan to the state with a plan to comply with the law by 11:59 p.m. on Feb. 13, 2025. These communities will then have until July 14, 2025, to submit a district compliance application to the state.

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Communities designated as adjacent small towns still face the Dec. 31, 2025 deadline to adopt compliant zoning.

The town of Needham voted Tuesday on a special referendum over whether to re-zone the town for 3,000 more units of housing under Massachusetts’ MBTA Communities law.

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Like the old version of the guidelines, the new emergency regulations gives EOHLC the right to determine whether a city or town’s zoning provisions to allow for multi-family housing as of right are consistent with certain affordability requirements, and to determine what is a “reasonable size” for the multi-family zoning district.

The filing of emergency regulations comes six days after the SJC decision — though later than the governor’s office originally projected. Healey originally said her team would move to craft new regulations by the end of last week to plug the gap opened up by the ruling.

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“These regulations will allow us to continue moving forward with implementation of the MBTA Communities Law, which will increase housing production and lower costs across the state,” Healey said in a statement Tuesday. “These regulations allow communities more time to come into compliance with the law, and we are committed to working with them to advance zoning plans that fit their unique needs.”

A total of 116 communities out of the 177 subject to the law have already adopted multi-family zoning districts to comply with the MBTA Communities Act, according to EOHLC.





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Revere city councilor slams Massachusetts officials for being ‘woke’ after migrant shelter bust

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Revere city councilor slams Massachusetts officials for being ‘woke’ after migrant shelter bust


A Revere city councilor says the state’s right-to-shelter law is a “perfect example” of how “woke” ideologies are harmful, as he addressed the arrest of a migrant who allegedly had an AR-15 and 10 pounds of fentanyl at a local hotel.

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Massachusetts senator seeks to extend deadline for TikTok ban | TechCrunch

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Massachusetts senator seeks to extend deadline for TikTok ban | TechCrunch


Senatory Ed Markey (D-Mass.) is planning to introduce legislation to extend the TikTok ban deadline by 270 days. TikTok has warned of a looming shutdown in just five days, but the new legislation, officially called the Extend the TikTok Deadline Act, would give TikTok more time to divest from its Chinese parent company ByteDance, if approved by Congress.

TikTok is currently expected to “go dark” on January 19, unless the Supreme Court intervenes to delay the ban. The Supreme Court is weighing the ban, and is expected to decide sometime this week whether the law behind the ban violates the First Amendment.

“As the January 19th deadline approaches, TikTok creators and users across the nation are understandably alarmed,” Markey said in a Senate floor speech on Monday. “They are uncertain about the future of the platform, their accounts, and the vibrant online communities they have cultivated. “These communities cannot be replicated on another app. A ban would dismantle a one-of-a-kind informational and cultural ecosystem, silencing millions in the process.”

Markey noted that while TikTok has its problems and poses a “serious risk” to the privacy and mental health of young people, a ban “would impose serious consequences on millions of Americans who depend on the app for social connections and their economic livelihood.”

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Markey and Senator Rand Paul (R-Ky.), along with Congressman Ro Khanna (CA-17), recently submitted a bipartisan amicus brief urging the Supreme Court to reverse the D.C. Circuit Court’s decision that upheld the TikTok ban. The trio argued that the TikTok ban conflicts with the First Amendment.



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Video shows firefighters rescue man and dog from icy Massachusetts lake

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Video shows firefighters rescue man and dog from icy Massachusetts lake


WELLESLEY – A Wellesley father of three and his dog are home safe after first responders rescued them from a freezing lake on Sunday.

Dramatic drone video shows the daring rescue on Sunday as a first responder crawls on thin ice to help Ed Berger struggling in a frigid icy Lake Waban. But it wasn’t just Ed in the water, his 8-year-old Cockapoo Tommy had fallen in the lake first.

“Traumatic experience”

“It was definitely a pretty traumatic experience,” said Ed Berger. “I think anybody who owns a pet would do the same thing, I just knew I had to do something.”

Ice rescue Wellesley
Drone video shows a Wellesley firefighter rescuing a man and his dog in Lake Waban. 

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Wellesley Police


It began on a walk when Tommy saw birds, then ran off, but tumbled into the freezing lake.

As fast as Ed could act, he grabbed a boat from Wellesley College, then went after Tommy, putting his Mass. Maritime cold-water training to the test.

“I did a couple of things right and I did a couple of things wrong because obviously becoming part of the problem was not my intention,” said Ed Berger. “I knew the first thing I needed to do was control my breathing and not panic and I had the boat.”

But boat tipped over. Within minutes, firefighters and police teamed up to first pull the father of three out of the water. Then they got Tommy out too.

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“I kept telling the fire department, ‘I’m fine I’m totally fine go save the dog,’ but they said ‘no sir, people first, it must be people first,’” said Ed Berger.

Tommy was taken to the Veterinary Emergency Group where Dr. Allan Heuerman treated the dog.

Ed Berger dog rescue
Ed Berger and Tommy were rescued from Lake Waban in Wellesley. 

CBS Boston


“Our first concerns are hypothermia,” said Dr. Heuerman. “Tommy’s a fighter, that definitely helped him stay alive and breathing and fighting throughout this whole process, so definitely lucky.”

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Ice warning  

It’s a dangerous time on the ice that can lead to tragedy, like in Atkinson, New Hampshire where a 56-year-old mom fell through ice and drowned over the weekend.

In Wareham, first responders found a man clinging to a kayak after he had fallen through an icy pond.

“Even though we’ve had cold temperatures. We don’t really recommend going in there at all because you never know if the water is moving, if there’s a pocket of warmer water underneath,” said Wellesley Fire Chief Matthew Corda.

What could have ended in tragedy, became a happy ending for Ed and Tommy, and for that they’re so thankful to the first responders and medical staff who made it happen.

“The fact that they got me, and they got him was just absolutely amazing, so incredibly thankful,” said Ed Berger.

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First responders say the lesson here is to keep your dogs on leashes and if they go out into the ice, don’t follow them, just call 911. 



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