[Massplanners] Penalties for MBTA Communities nonconformance

[Harry LaCortiglia]

Thanks Tim,

Best,

H. LaCortiglia

Georgetown P.B.


On 9/16/2024 9:36 AM, Tim Czerwienski wrote:
>
> Sure thing. The Appellate Courts website is 
> https://www.ma-appellatecourts.org/docket
>
> The docket number is SJC-13580.
>
> 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 
> *Harry LaCortiglia via MassPlanners
> *Sent:* Saturday, September 14, 2024 8:16 AM
> *To:* massplanners at masscptc.org
> *Subject:* Re: [Massplanners] Penalties for MBTA Communities 
> nonconformance
>
> [External Email- Use Caution]
>
> Tim,
>
> Could you share the Case# and court location of that litigation for 
> those of us who would like to follow along on 
> https://www.masscourts.org 
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.masscourts.org&d=DwMDaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=EaWBFhlgouCM-eqEWgXO8um7Dw-706JXLWQdmGem7AY&m=TzsHTXRGTi5343P_fqCECzgaG3ii2cPUuvRysvVINZNLl5j-hXFZxZlQOhHfwBAj&s=0OBFXT0xgibA_XyueWP8v2A8BlhUJCNK6hlCKLAVehc&e=> 
> ?
>
> Coming from an MBTA designated "Adjacent Community" with an existing 
> 3159 housing units, being required under the Guidelines to Zone for an 
> additional 750 units by the end of December, I'm asking for a friend.
>
> H. LaCortiglia
> Georgetown P.B.
>
> On 9/13/2024 10:44 AM, Tim Czerwienski via MassPlanners 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>
>     <mailto: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>
>     <mailto: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:
>
>     1.Housing Choice Initiative
>
>     2.Local Capital Projects Fund
>
>     3.MassWorks infrastructure program
>
>     4.HousingWorks infrastructure program
>
>     In addition, the state has announced it will take noncompliance
>     into consideration when evaluating these grants and funding:
>
>     1.Community Planning Grants, EOHLC
>
>     2.Massachusetts Downtown Initiative, EOED
>
>     3.Urban Agenda, EOED
>
>     4.Rural and Small Town Development Fund, EOED
>
>     5.Brownfields Redevelopment Fund, MassDevelopment
>
>     6.Site Readiness Program, MassDevelopment
>
>     7.Underutilized Properties Program, MassDevelopment
>
>     8.Collaborative Workspace Program, MassDevelopment
>
>     9.Real Estate Services Technical Assistance, MassDevelopment
>
>     10.Commonwealth Places Programs, MassDevelopment
>
>     11.Land Use Planning Grants, EOEEA
>
>     12.Local Acquisitions for Natural Diversity (LAND) Grants, EOEEA
>
>     13.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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