[Massplanners] Penalties for MBTA Communities nonconformance

[Matthew Heins]

Dear MassPlanners:

I've been doing some research about the penalties for not complying with the MBTA Communities law, and in particular which grants and funding opportunities a nonconforming town or city would lose its eligibility for. I'm wondering if I could get any feedback about this topic from all of you. Most of this information is easily found online, of course, but my main question for MassPlanners is whether there's anything additional to be aware of, and in particular whether any changes to the penalties have been made recently. I vaguely recall that in the past few months there was some talk that the state might pull back slightly on a few of the penalties, but I'm unsure of the details. If anyone has any helpful information to provide, I'd be most appreciative.

For those who are curious, see below for the information I've assembled about the penalties for noncompliance. (Again, all this was easily located online.) If there are any errors or omissions, please let me know.

Thank you!

PENALTIES FOR MBTA COMMUNITIES NONCOMPLIANCE:

These are the grants and funding that a nonconforming town or city will lose its eligibility for:


*         Housing Choice Initiative

*         Local Capital Projects Fund

*         MassWorks infrastructure program

*         HousingWorks infrastructure program

In addition, the state has announced it will take noncompliance into consideration when evaluating these grants and funding:


*         Community Planning Grants, EOHLC

*         Massachusetts Downtown Initiative, EOED

*         Urban Agenda, EOED

*         Rural and Small Town Development Fund, EOED

*         Brownfields Redevelopment Fund, MassDevelopment

*         Site Readiness Program, MassDevelopment

*         Underutilized Properties Program, MassDevelopment

*         Collaborative Workspace Program, MassDevelopment

*         Real Estate Services Technical Assistance, MassDevelopment

*         Commonwealth Places Programs, MassDevelopment

*         Land Use Planning Grants, EOEEA

*         Local Acquisitions for Natural Diversity (LAND) Grants, EOEEA

*         Municipal Vulnerability Preparedness (MVP) Planning and Project Grants, EOEEA

In addition, a nonconforming town or city faces the possibility of litigation brought by the attorney general.

Sincerely,

Matthew Heins
Town Planner
Town of Hanover, Massachusetts
matthew.heins at hanover-ma.gov<mailto:matthew.heins at hanover-ma.gov>
781-826-7641 (or 781-826-5000 ext. 1016)
Planning Office, Hanover Town Hall, 550 Hanover St., Hanover, MA 02339

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