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Why NIMBYs may be disappointed by Milton lawsuit

Why NIMBYs may be disappointed by Milton lawsuit

Good morning friends,


Today marks the 50th day since Beacon Hill lawmakers formally adjourned for the year without passing a much-needed economic development bond bill.


House and Senate leaders have promised to call members back for a special session once they agree on a compromise bill.


Fingers crossed that happens before another 50 days goes by.


NIMBYs may be disappointed no matter what happens in the Milton lawsuit


I’ve sat through more than my share of municipal meetings this year about the MBTA Communities Law


This hasn’t done a thing for my social life.  But one thing I’ve learned as constituents debate if their city or town should comply with the law is that opponents’ arguments are pretty much cookie cutter from community to community.


That includes: “Why are we rushing? Maybe the [Supreme Judicial Court] will throw the law out. Let’s wait until it rules on Milton before we pass anything we might not need to pass.”


There are many good answers to that. The best is: “Because we have a housing crisis and we can’t afford to wait and we all need to do our share.”


But also, anyone hoping the court will toss out the law (some insist it’s unconstitutional, others “government overreach”) don’t understand what Milton’s argument is about.


For starters, Milton is arguing that they’ve been miscategorized as a rapid transit community, even though they only have an old school above-ground trolly.


If the court agrees, that’s not going to change how the law applies to any other municipality.   


Then there’s Milton’s other argument which isn’t that the Legislature doesn’t have the authority to require 177 communities to create new zoning for multifamily housing, or the authority to allow the state to withhold certain grants for failure to comply.


Instead, Milton is arguing that Attorney General Andrea Campbell doesn’t have the authority to compel them to comply, notes Bruce Mohl at CommonWealth Beacon,  


"The Legislature might have selected an even more forceful enforcement mechanism, such as an action by the Attorney General to require compliance, but it did not," the town wrote in its legal brief.


Milton added, "This is a separation of powers issue. In enacting a new statute, the Legislature is entitled to decide that the statutory goal is best advanced through financial penalties and not injunctive relief.”


In other words: Even if the court rules that Campbell can’t force Milton, or any other municipality to rezone, communities that fail to follow the law can still lose access to tens of millions in state grants for years to come.


Milton voters were seemingly willing to sacrifice those grants. Are most cities and towns?


The SJC will hear arguments on the case on Oct. 7.


Meanwhile, Campbell’s predecessors believe she’s right


The three men who held the attorney general's job for a consecutive 24 years — Francis Bellotti (1975 to 1987), James Shannon (1987 to1991) and Scott Harshbarger (1991 to 1999) — filed their own brief with the SJC, supporting Campbell's power to compel Milton into compliance, reports Colin A. Young at State House News.


"[T]he administrative consequence identified in the statute (the loss of certain state funding) does not adequately address the public interest underlying the statute: it does not adequately serve to address the Commonwealth’s housing shortage,” they wrote.


“On the other hand, an enforcement action by the Attorney General seeking injunctive and declaratory relief compelling a town to comply with the statute directly advances that public interest and facilitates the creation of much-needed new housing.”


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The life science sector still has its true believers


Boylston Properties, the developers of Arsenal Yards, has submitted pre-application plans to the City of Watertown for a new 175,000 SF lab building in a corner of that vast Home Depot parking lot.


“These plans showcase our long-term goal to potentially expand the life science campus at Arsenal Yards,” Boylston Principal Andrew Copelotti tells the Watertown News.


“While there is an excess supply of life science space in Greater Boston at the moment, we are bullish on the industry in our region, the strength of our campus in Watertown and the companies that make it up.”  


The Arsenal Yards redevelopment currently contains 227,500 SF of lab space occupied by about 10 companies. The new building, known as 300 Forge, would require an amendment to the Arsenal Yards’ master plan.  (Boylston bought the 10-acre Home Depot property in 2022 for $96 million.)


Across the street from Arsenal Yards, Alexandria Real Estate is proceeding with plans to redevelop the Watertown Mall with multiple lab buildings, residential units and retail.


This doesn’t necessarily mean we will see these any of these new labs any time soon.  There are currently 11 permitted life science buildings in Watertown that haven’t broken ground and won’t likely do so for at least several years.


But it does suggest that some developers still believe Watertown will maintain its desirability as a life science hub in the years ahead.


Health warning issued along Charles River


The Massachusetts Department of Public Health has confirmed a cyanobacteria bloom at Longfellow Bridge’s downstream of the Charles River. (In other words, not presently in our communities’ sections of the river.)


This the first major bloom in four years and is considered a public health advisory.


Charles River Watershed Association tracks conditions here.


Friday grab bag

  • Hope to see you at Fair on the Square tomorrow (Sat.) from noon to 5 p.m. at Saltonstall Park in Watertown.

  • Don’t forget Monday’s (Sept. 23) 11 a.m. webinar What the data tells us about the MCAS test.

  • Reyad Shah is the new president and CEO at the MetroWest Chamber of Commerce.  Shah recently served as the executive director of Downtown Framingham Inc., where he played a pivotal role in revitalizing the local economy, supporting small businesses.

  • The Newton Bakery Crawl returns Sept. 27-28. Over 20 local bakeries will offer samples, specials and discounts.

  • SEB Housing is holding an affordable housing lottery for Highland Park in Wellesley, with 1BR, 2BR, and 3BR units available for households earning up to 80% of the Area Median Income. Apply by Nov. 19, here.

  • David Kieser, program manager for Computers 4 People will be Wellesley Rotary’s guest Sept. 24 at 6 p.m. at the Wellesley Free Library.  The non-profit was founded with a dual purpose: addressing the alarming issue of e-waste pollution and bridging digital accessibility.  RSVP

  • Center Automotive, a 44-year-old family business on Hillside Avenue in Needham, is being sold to VIP Tires and Service. VIP is owned by John Quirk, a third-generation member of the family behind the former Quirk Tire Co. in Watertown. (Needham Observer)

  • Mount Auburn Cemetery in Watertown celebrates its 193rd birthday with a new event Dinner Under the Oaks,, Sept. 25 at 6 p.m.

  • The Ellie Fund is organizing its annual "Turn Your Town Pink" campaign this October for National Breast Cancer Awareness Month and hopes to bring it to Newton. Fill out this form to join the effort by Sept 20.

  • The Watertown Cultural Council is now accepting grant applications for arts, humanities, and sciences projects benefiting Watertown residents. Applications due Oct. 16. Learn more.

  • Wellesley Catch Connect has extended it transit service to evening service hours until 8:45p.m.

  • NewTV’s Bob Kelly will lead a five-part interactive workshop series designed to position nonprofit leaders for positive impact within their organizations and communities. Details.


MassPike / I-95 North interchange to undergo four years of work


MassDOT is in the midst of a four-year project to replace or repair eight bridges around the Mass Pike(I-90) and I-95 interchange that will require lane restrictions and occasional overnight detours.


If you’re visually inclined, like me, you’ll find these maps created by Bruce Henderson at Fig City News to be helpful.


Happy is as happy does


Finally today, have you ever noticed how happy people are at our chamber events?


And have you noticed that our chamber has a lot of members who work in real estate?


Those two things may not be unrelated. 


According to a survey of 750,000 employees by the job website Career.io real estate agents have the highest job satisfaction among the 50 most common job roles. 


(And they’re likely a little more happy this week following the Fed’s interest rate cut.)


The happy job list also includes software developers, designers, IT support folks (that one surprised me, they’re rarely happy when I call), logistics managers, carpenters and lifeguards.


The unhappiest jobs include mail carrier, pharmacist, pest-control technician and security guards, according to the survey.


 And while the survey found that highly paid workers were more likely to have job satisfaction and to link their identity to their work, money is no longer the priority it once was. Since the pandemic, work-life balance has overtaken salary as the primary attraction of the jobs that workers have, the authors add. 




That’s what you need to know for today, unless you need to know what Americans want to squish and/or annihilate, according to Google.


Have a great weekend, Support local and join us Tuesday at Wellesley Night.



Greg Reibman (he, him)

President & CEO

Charles River Regional Chamber

617.244.1688


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