APPEAL MBTA COMMUNITIES ACT (S 2834)

By Bob Katzen

The Senate 6-34, rejected an amendment that would require the Department of Housing and Community Development to develop and promulgate regulations allowing a city or town affected by the zoning provisions of the MBTA Communities Act to appeal for relief from those provisions. Any appeal would have to be based on at least one of the following criteria: the community’s inability to meet the drinking water supply or wastewater requirements necessary to support the housing units authorized by the law’s zoning provisions; the inability of municipal transportation infrastructure to safely accommodate the increased population attributable to this housing development; any adverse environmental impacts attributable to the development of housing units under this act; and any adverse impacts on historic properties.

Amendment supporters said the amendment would offer a reasonable appeal process to assist cities and towns impacted by the MBTA Communities Act.

Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment, did not respond to repeated requests by Beacon Hill Roll Call to comment on his amendment.

Sen. Mike Rodrigues (D-Westport) said that this amendment is similar to budget amendments that were discussed robustly and noted the Senate was firm in its opinion that it did not want to change course on the MBTA Communities Act.

(A “Yes” vote is for the amendment allowing an appeal. A “No” vote is against the amendment.)

Sen. Patricia Jehlen No

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