The SJC released its decision today on Attorney General v. Town of Milton. The decision may impact many communities served by the MBTA. The decision vacates and renders unenforceable the complex regulations adopted by the state's housing agency, EOHLC. The SJC stated that the agency failed to follow the procedures laid out in the state's Administrative Procedures Act. So it's back to the drawing board for EOHLC. If the regulations EOHLC ultimately adopts differ meaningfully from the present (now vacated) regulations, MBTA communities may find that they need to, or wish to, amend their recent zoning actions.
Here's the summary paragraph at the end of the decision: Conclusion. For the foregoing reasons, we declare that the act creates an affirmative duty for each MBTA community to have a zoning bylaw that allows for at least one district of reasonable size where multifamily housing is permitted as of right, as dictated by G. L. c. 40A, § 3A, and that the act's delegation of authority to HLC to promulgate guidelines does not violate art. 30 of the Massachusetts Declaration of Rights. We further declare that the Attorney General has the power to bring suit for declaratory and injunctive relief to enforce § 3A and its corresponding guidelines. However, because HLC's current guidelines were not promulgated in accordance with the APA, we declare them ineffective and, as such, presently unenforceable. The full decision is here: https://www.mass.gov/files/documents/2025/01/08/h13580.pdf - Sent from iPhone. Typed by thumb. Excuse misspellings!
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