Whose town is it, anyway?

That’s something the residents of Milton must be asking themselves as the saga over the town’s non-compliance with the MBTA Communities Act drags on.

The T Communities Act was designed to help ease the state’s housing crisis, a noble goal. But it’s the “resistance is futile” stance the state is taking that sours an otherwise worthy venture.

Milton residents opted out of the zoning plan, and they are paying the price.

An MBTA Community, according to the state’s web site, is one of the “14 cities and towns” that initially hosted MBTA service; one of the “51 cities and towns” that also host MBTA service but joined later; other “served communities” that abut a city or town that hosts MBTA service; or
a municipality that has been added to the MBTA under a state or special law. All told, 177 places qualify as MBTA Communities.

This was hammered out by Beacon Hill lawmakers, and while there was a public comment period under Charlie Baker’s administration, with, according to the state, over 24 engagement sessions and nearly 400 online comments, the end result is the mandatory call for these 177 MBTA Communities to create zoning for multi-family housing near a transit hub.

How a spike in population under the zoning plan would affect a town, its schools, infrastructure and the like – that’s the town’s problem. Just comply, or else.

It’s a dubious honor, like having one’s neighborhood “selected” to house migrants because the state says so. There’s a need, yes, but no one likes to be voluntold to do something.

Milton is learning the hard way what happens when you push back. Under the law, an MBTA community that fails to comply shall not be eligible for funds from: the Housing Choice Initiative, the Local Capital Projects Fund or the MassWorks infrastructure program.

Hence Gov. Maura Healey’s administration withholding a $140,800 grant for seawall and access improvements at Milton Landing.

Milton stood its ground. As the Herald reported, the town’s Planning Board considered reclassifying Milton away from the “rapid transit community” designation outlined in the MBTA Communities Act.

Milton has the Mattapan Line, which you can take it to either Mattapan or Ashmont. From there, it’s a transfer to the Red Line and/or buses. According to the MBTA, it serves 6,600 riders a day. The Green Line serves an average of 93,000 customers each weekday.

Milton can debate the “rapid transit” point, but not in this atmosphere. The focus has been on punitive action for non-compliance, not on working with communities not on board with the directive.

Attorney General Andrea Campbell asked a Supreme Judicial Court justice to “affirmatively obligate” Milton to comply with the zoning by-law and declare the town has “failed to meet its obligations” under the MBTA Communities Act.

If Milton still holds out, Campbell said a judge should prohibit the town from “from enforcing any aspect of the Town’s zoning by-law, rules, or regulations.”

Adding to the state’s housing stock is good, but that message is lost when the state uses strongarm tactics against its own communities to make zoning changes that may not work for them instead of negotiating a compromise.

Editorial cartoon by Steve Kelley (Creators Syndicate)