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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