[Massplanners] Penalties for MBTA Communities nonconformance

[Tim Czerwienski]

Matthew,

Off the bat, I can attest that the last bit about litigation from the attorney general is for real.

In February, Milton had a Seaport Economic Council grant for dredging design and engineering clawed back. In June, we were also informed by the Division of Local Services, after applying for a Community Compact Municipal Fiber grant, that awards were contingent upon "the municipality being able to certify that it will comply with all applicable laws, including the Massachusetts General Laws" and that Milton's noncompliance with MBTA Communities was disqualifying. Neither of these grant programs are listed in the statute or the compliance guidelines.

Tim Czerwienski, AICP
Director of Planning & Community Development
Town of Milton | 525 Canton Avenue | Milton, Mass. 02186 | 617-898-4847

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Matthew Heins via MassPlanners
Sent: Friday, September 13, 2024 10:33 AM
To: Mass Planners <massplanners at masscptc.org>
Subject: [Massplanners] Penalties for MBTA Communities nonconformance

[External Email- Use Caution]
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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