MBTA Communities Act 3A: An Appeal to Common Sense

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Letter to the Editor iconWhile the SJC ruled 3A is constitutional, it’s important to note that the 18 pages of detailed guidelines governing the act were determined ineffective and unenforceable. The state agency (EOHLC) responsible for promulgating the guidelines didn’t follow the proper legislative process called the Administrative Procedures Act (APA). The APA requires both fiscal and small business impact studies for 177 communities along with a public comment period. The APA is intended to protect the public. It ensures government agencies are accountable, transparent and fair in their rulemaking and enforcement activities. All reliable and substantial public comments on proposed policies must be considered. The APA also provides opportunities to challenge agency actions legally. These steps cannot be ignored and are an important part of the democratic process. Post decision, the governor declared a win and enacted “emergency” powers bypassing the SJC’s ruling. These emergency regulations, although being challenged, are valid for 90 days. The EOHLC is then required to follow the APA. Records indicate that 41 municipalities have been determined and rendered compliant by the EOHLC and Attorney General. The state announced they will work with the remaining communities towards a compliant path without threat of grant loss or legal action. The new compliance deadline is July 14, 2025.

How does this impact Shrewsbury? Under the unenforceable guidelines, Shrewsbury was considered an adjacent community and was required to zone for a minimum of 1,500 multi-family housing units with no age or occupancy limits, as-of-right. Viewing this complex issue through the lens of common sense says if you zone it, they will build. Common sense says the compliance guidelines will change. Common sense says to wait until the final guidelines are codified into law before putting forth the best plan for our community. Common sense would not check a box and reward the state for not following the proper legislative process. Common sense would hold state leaders and agencies accountable. Common sense would vote No on February 4th and protect our residents and town from unintended consequences.

Kristy Martineau-Richards

No4Shrewsbury.org

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