[Massplanners] Penalties for MBTA Communities nonconformance

[John Cruz]

To add on to Tim's point, the regulations from EOHLC state that the list is
not exhaustive and that the 3A compliance criteria could (will) be used in
consideration with other state funding programs not listed.

I haven't seen any evidence that the state is reducing the penalties, I
would expect the list to become more exhaustive if more communities fall
into non-compliance and request funding from additional programs.



On Fri, Sep 13, 2024 at 10:45 AM Tim Czerwienski via MassPlanners <
massplanners at masscptc.org> wrote:

> 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
>
> 781-826-7641 (or 781-826-5000 ext. 1016)
>
> Planning Office, Hanover Town Hall, 550 Hanover St., Hanover, MA 02339
>
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>


-- 
John Cruz, AICP
john at cruzweb.net | 314-688-6463
<http://www.urbanistdispatch.com/>
Misplaced Focus - www.misplacedfocus.com
www.linkedin.com/in/johncarloscruz
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