Great news!!! The Town of Hamilton Select Board voted June 17, 2024 to draft a Amicus Brief in support of the Town of Milton, MA against the Massachusetts MBTA 3A mandated law.
Oh, what’s an Amicus Brief?
Mass.gov: The Appeals Court encourages interested parties to file amicus curiae ("friend of the court") briefs or memoranda. Any party not directly involved in a case, but that has an interest or opinion about a case pending before the court may file an amicus brief in accordance with Rule 17. All amicus submissions shall comply with Rules 17, 19, and 20 of the Massachusetts Rules of Appellate Procedure. Unless otherwise ordered, amicus briefs are due no later than 21 days before the date of oral argument. See Mass. R. A. P. 17(b). To review the docket in one of the following cases prior to preparing an amicus brief, visit ma-appellatecourts.org and type in the docket number in the search field.
Chebacco Woods Saved!
Yes, its’ true! Monday July 10, 2024, the Hamilton ZBA voted to approve a request from Chebacco Hill Partners, LLC to withdraw without prejudice their request for a 40B comprehensive permit at 133 Essex Street for 59 mixed income, age restricted units on 32 buildings. The Hamilton ZBA had earlier denied the permit because Hamilton has recently entered Safe Harbor from 40B with the proposed project for the apartment buildings at the Gordon Conwell Seminary. The Massachusetts Executive Office of Housing and Livable Communities (EOHLC) upheld the ZBA’s decision. So, while Hamilton remains in Safe Harbor, developing Chebacco Woods is OFF the table! Please applaud all the residents, concerned public, and dedicated professionals who worked tirelessly over hundreds of hours to protect Hamilton’s water table and the environment. Touchdown democracy.
What does this have to do with MBTA 3A?
Please remember that 3A does not provide for Affordable Housing. It does, however, mandate the development in Hamilton of a minimum of 731multi-family units (and a minimum of 365 multi-family units in Wenham) with no limit on the number of bedrooms and no limit on the number of occupants.
Right now with Hamilton in Safe Harbor for 40B and Wenham above the 10% threshold, 40B development cannot be built in either town. With the unbridled development that 3A as mandated promises to bring, neither town will ever be able to reach 10% affordable housing. 40B developments will go unchecked. It’s like a dog chasing its own tail!
That’s why it’s crucial to get the word out about 3A – tell everyone you know to VOTE NO MBTA 3A!!!
Wenham Residents Rally Against 3A at the Planning Board’s Public Podium!
The Thursday July 18, 2024, Planning Board (PB) meeting was held at Wenham Town Hall. As part of the PB agenda, taxpaying residents are allowed to publicly speak at the podium, on the record about pending issues, concerns or town government questions. 35+ people arrived to speak individually regarding opposition to the Wenham MBTA 3A zoning overlay. That’s a WOW. Next meeting let’s make it 70! The public comments begin at 0:04:00. Safe direct link to public HW CAM: https://hamiltonwenham.cablecast.tv/CablecastPublicSite/show/5755?site=1&fbclid=IwY2xjawEYdipleHRuA2FlbQIxMQABHWcbFnkSxsH2l9M092NT6rbAlLun0NT6iF2wxATU92e70uUV9L_tQVyOlg_aem_TMkMWfkTfqEqubabC5MZeQ
Town of Hamilton July 25, 2024 “Town Center Visioning Workshop”
Make popcorn and watch this movie, err, we mean video below. A public meeting at the Miles River School, Hamilton was conducted by consultants from UTILE a Massachusetts selected company to provide town governments informational support about architectural design-build development and to help implement MBTA 3A zoning and Form Based Code planning. UTILE is being paid by the Town of Hamilton from resident tax dollars to help the Town governing boards including the Hamilton Development Corporation (HDC) manage a public process of downtown initiative acceptance. It’s estimated the consulting is $140K (so far), and funded from Hamilton’s taxpayer approved FY 24-25 fiscal year operating budget and partially the HDC’s budget. The meeting included a means to live poll attendees and those on Zoom in real time. Seemed very subjective but was offered as learning tool for the UTILE consultants to work with. The live poll taking was inhibited by poor cell coverage,
and to date there is no indication as to where the results are posted.
The most shocking news from this UTILE meeting was MBTA 3A zoning as applied to the center acreage of Hamilton may not be enough! UTILE claims that MBTA 3A does allow for 20% of a zone to be outside of the half mile radius of a MBTA 3A Commuter Rail Station. Same with Wenham- the Boulder Lane option. What? See the meeting video below at 16:24. So, a second 3A district could possibly be the Town of Hamilton owned land at Chebacco Lake/Road or Gordon Conwell property. Chebacco in our opinion is a terrible direction AFTER HUNDREDS OF RESIDENTS OPPOSED TWO ATTEMPTS TO DEVELOP THE PRIVATELY OWNED LAND KNOWN AS CHEBACCO WOODS and Town boards wisely would not approve. The Chebacco Woods development was defeated primarily on septic, watershed protection, environmental, and the volume of new residents after years of opposition effort. Yikes, our future water supply in danger again? One more thought: Form Based Code is about design and adaptive building construction zoning to add more people and businesses in our towns. And what is the heritage preservation of a town center worth? Quirky or not? What kind of change and growth do we want, and CAN WE PAY FOR THE INFRASTRUCTURE WITH OUR TAXES?
Public questions begin at 16:24 through to the end make sure you have a cold drink with your popcorn.
https://www.youtube.com/watch?v=HT0H0WQnvJI
Important to understand the commercial objectives of a business such as UTILE as led, informed, paid by, selected by Massachusetts and towns such as Hamilton. The sale of their business’s services as architects and planners for commercial clients. Not necessarily us taxpayers. Their best friends in business are construction developers. Our money or their profit opportunity ahead. Ah, capitalism it's great just keep your eyes open when it comes to your town's future. About UTILE Architects: https://www.utiledesign.com/
Hamilton Select Board Workshop Video July 29, 2024
Thank you, Chair of the Hamilton Select Board Caroline Beaulieu, for being the first elected member of a Town board in either Hamilton or Wenham to acknowledge the devastation to Hamilton if 3A passes in either town. (Graphic language warning). At left of frame: Caroline Beaulieu Chair not in view, center left of frame: Rosie Kennedy, Select Board, center right of frame: Bill Olson, Select Board, far right frame: Joe Domelowicz, Town Manager.
Video here at the "MBTA Multifamily Zoning Community (no thanks, keep your grant money)" Facebook page: https://www.facebook.com/461117500075320/videos/491148210174236/
Update on Hamilton Amicus Brief in Support of Milton!
At the August 5th Hamilton Select Board Meeting, the Board heard an update from Town Counsel KP Law on the status of our brief to support Milton. As you will remember, Milton is being sued by the state of Massachusetts for voting on 3A. Yes, that's right. Milton voted. But they voted against having a 3A district in their town, so now they are being sued. (See links above for more background, including Milton's Motion.) The SJC is soliciting Amicus Briefs (basically, letters in support of Milton), and Hamilton is in the process of filing to support Milton. KP Law presented its first draft and has received comments and suggestions from Select Board Member Rosie Kennedy and from Planning Board Chair Marnie Crouch. KP Law will return to the Select Board on 8/19 with their updated draft. Final version will need to be voted on and submitted at the end of September. We applaud the Board for listening to the residents who requested they take action.
Please see video, starting at 1:05:56
Hamilton Select Board 8.5.24 (youtube.com)
Amicus Brief link, starting on page 92: 2024_08_05_SB Meeting Packet - Town of Hamilton, MA (hamiltonma.gov)
The Hamilton Planning Board talk breakdowns UTILE Public Visioning Workshop
The Hamilton Planning Board met on 8/6/24 and as part of their regular meeting addressed the topic of the Public Visioning Workshop held by UTILE on 8/25/24. (Complete video here: 2024.07.25_Public Visioning Workshop Recording.mp4 - Google Drive) The meeting pretty much derailed from the start. But that's what happens when you put the cart before the horse. BHWG has been wondering why public outreach and goal setting weren't done BEFORE UTILE was hired. The 50 or so engaged and articulate residents who attended were wondering the same thing! Sadly, questions weren't allowed so no microphone was given to the residents who nonetheless asked many relevant questions. So although you can't really hear the audience members, trust us, they weren't happy! The meeting was ended early by UTILE.
The Planning Board discussion of the UTILE meeting starts at 0:11:53 Hamilton Planning Board 8.6.24 - YouTube
A HUGE thank you to Planning Board Member Patrick Norton for starting this frank and much needed discussion!
Wenham and Hamilton Joint Planning Board MBTA 3A 8/21 ZOOM Meeting!
110 HW citizens were parked on ZOOM for the joint Wenham and Hamilton Planning Board MBTA 3A (3A) 8/21 meeting. AMAZING! The Wenham Planning Board had granted under no obligation Board rules brief public comments during this “working session.”
Go to the link below of the recorded 8/21, 60-minute ZOOM meeting, PLEASE see it, ask us questions, share it:
Jump to important moments in the video above with these links:
He said WHAAAAT? Please listen as Vice Chair of the Wenham Planning Board, Dan Pasquarello states that he has no idea that the 3A Guidelines stipulate unlimited bedrooms and unlimited occupants:
https://youtu.be/ovH47uICRBQ?t=2689
Dear Vice Chair, let us help you! The 3A Guidelines with which you are so eager to have us comply clearly state at the Masachusetts.gov website:
Section 3A Guidelines | Mass.gov
“Housing suitable for families” means housing comprised of residential dwelling units that are not age-restricted housing, and for which there are no zoning restriction on the number of bedrooms, the size of bedrooms, or the number of occupants.” That’s right! And we’ve been saying it all along: unlimited bedrooms, unlimited occupants, bedrooms as big or as small as you want! It is frightening to think that our elected town officials are so unaware of what the 3A Law and Guidelines actually state and what is going to happen to our towns if 3A is voted in!
Thank you, Hamilton Planning Board members Darcy Dale for setting the record straight! Please watch as she reminds the Wenham Planning Board that their obligation is to the current residents of Wenham.
https://youtu.be/ovH47uICRBQ?t=4312
Public HW taxpayer comments in the video: We couldn’t have said it better! Despite Wenham Planning Board Chair Ann Weeks’s attempt to stifle and control our voices, 110 attendees and only 8 were given 16 minutes at 2 min each to speak. We were ready to GO. A round of applause for all!
https://youtu.be/ovH47uICRBQ?t=3150
Saturday September 7, 2024
CANCELLED: Door-to-Door in Wenham! Let's meet at Wenham Town Hall 2pm. Prizes for most doors contacted. Let’s make it fun to care where and how we live! Register at: savehamwen@gmail.com
NEW NEWS! What a night we had at the Wenham Select Board meeting Tuesday September 10th! There were 25 people in the room, 30 on zoom. Great job everyone! The net result was the Board indicated they would discuss in their next scheduled meeting whether the November 16th, 2024, Special Town Meeting for MBTA 3A public voting should be delayed. There are no guarantees what this Board may do...
Please send, encourage all you know to email the Board stating the importance of postponing the Wenham 3A vote until the spring Town Meeting.
The logic: The pending Town of Milton, Mass, and Mass Supreme Court Justice (SJC) case about 3A in October. Any potential SJC ruling outcomes will impact and further inform Hamilton-Wenham 3A opposition voting. And let common sense prevail if Wenham votes the same day as Hamilton on 3A in spring 2025. Remember we share the taxes on the same school district budgeting not just a MBTA Commuter Rail Station...
Wenham Select Board emails:
Karen Anger, (2027), kanger@wenhamma.gov
Gary Cheeseman, (2026), gcheeseman@wenhamma.gov
Peter Clay (2025), pclay@wenhamma.gov
Deirdre Pierotti (2026), dpierotti@wenhamma.gov
Ben Tymann (2025), btymann@wenhamma.gov
Meeting link, not long:
Wenham Select Board 9.10.24 - YouTube
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Name calling by elected officials or the new name for BHWG Citizen’s Coalition?
Did you know they called us "The Pitchfork People?"
A lot has happened since the last Wenham Select Board (WSB) meeting on 9.10.24. What we know, what we think could happen:
We think it's possible the WSB will cancel the 11.16.24 Special Town Meeting and push the 3A vote off until the April 2025 Town Meeting. That's a good thing.
All this after our BHWG Wenham Stop 3A flyer mailed just days ago to all Wenham
residents calling out the original meeting dates. We will take the meeting date change as a WIN!
This very important WSB meeting will happen on 9.24.24 at 6:30PM.
From the WSB 9.24.24 Agenda:
H. Discussion and potential vote on canceling the upcoming Special Town Meeting
I. Discussion and potential vote to finalize and sign the letter to Secretary August. This letter outlines the Select Board's rationale for canceling the Special Town Meeting along with Wenham's efforts/progress in planning for 3A compliance.
The second agenda item clearly means the WSB has been actively working on cancelling November's 11.16.24 Special Town Meeting. We are not quite sure what the letter says or why Wenham's efforts/progress in planning for 3A compliance need to be outlined for the state at this point. Hopefully, we will gain clarity at the meeting.
This remarkable turnaround comes as a direct result of our incredibly strong presence at the last Wenham Select Board meeting on 9.10.24. We must keep the pressure on.
Please plan to attend in person or via zoom:
SB AGENDA 09.24.24.pdf (revize.com)
Follow yellow! See you there.
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Wenham Select Board meeting Tuesday 9.24.24 votes in favor of meeting cancellation and postponement!
To recap Tuesday's 9/24/24 Wenham Select Board meeting: there will NOT be a 3A vote Special Town Meeting on 11/16/24. The meeting has been cancelled, and the vote on 3A postponed until April 5, 2025 for Hamilton and Wenham Annual Town meetings. The Select Board voted to send a letter to MA Housing Secretary Augustus to inform him that Wenham will not be voting on 3A until after the Massachusetts Supreme Judicial Court decides the MA v. Milton case and no later than at next year's Annual Wenham Town Meeting 4/5/2025, timed to coincide with the Annual Hamilton Town Meeting.
This is a HUGE WIN by WE THE PEOPLE! We learned about 3A, shared it with our neighbors and friends, attended Select and Planning Board meetings and told those boards that 3A is BAD law for Wenham. Special thanks to our Hamilton partners! Congratulations, All!!
We MUST remain vigilant in our cause to control our own towns' zoning future free from State control! We MUST continue to get the word out to every Hamilton and Wenham resident! Let’s get more signs out, stay engaged, learn the outcome of the Milton 3A case, and inform everyone in Hamilton and Wenham about this "forever Law" that changes how we will live where we live!
What comes next?
This coming Monday, September 30, 7PM at the HW Library UTILE will continue with its planning for 3A and Form Based Code (FBC). We urge everyone to attend. Please note that 3A keeps getting woven into the FBC plans and vice versa, even after the Town of Hamilton has filed an Amicus Brief in support of Milton and has said that it will fall out of compliance on 12/31/24. What exactly is going on here?? Please attend and let's ask those hard questions AGAIN!!
PS: Ever thought of becoming a Selectman?? Now’s your chance! Both Peter Clay and Ben Tymann are up for reelection in April 2025. And more great BHWG 3A outreach coming soon!
See the Tuesday 9.24.24 Wenham BOS and vote discussion here:
https://www.youtube.com/live/MFfw-i6YODE?si=tf64DyxU9jWMdZ6p
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CANCELLED! Wenham Public Forum on 3A Thursday, September 26th, 7pm, Wenham Town Hall by the Wenham Planning Board.
September 30, 2024 UTILE Consulting Form Based Code Hamilton Meeting recap:
A Trojan Horse by any other name...
A HUGE thank you to all who came to the Monday, September 30, 2024, Hamilton Public Workshop presented by Hamilton's contracted consulting firm, UTILE. It was wonderful to see so many Hamilton and Wenham residents there. The meeting was a bit odd – It wasn’t broadcast. It wasn’t even recorded. UTILE didn’t even bother to use microphones. Hmmm.... miss a minute, miss a lot.
UTILE began the meeting by stating they would be leaving MBTA 3A (3A) compliance to the end of the meeting's agenda and would not be including the Winthrop School site in this discussion as there are too many variables. That’s an interesting position to take. But it doesn’t make the issues of the Hamilton Development Corporation (HDC) developing the Winthrop School site or town officials wanting to comply with 3A any less real.
UTILE stated Form Based Code (FBC) was zoning for the downtown area...they also said it could be done in a way that would satisfy 3A.... they also said that two separate votes would be taken at the April 5, 2025 Annual Hamilton Town Meeting. But isn't this disingenuous? Because if FBC can satisfy 3A and we vote to approve FBC, then haven't we just voted to comply with 3A??
Even though there is no recording of the meeting, here are the links for the graphics UTILE used, please take the time to study them:
2024-09-30 Hamilton Town Center Plan & FBC - Public Workshop #2.pdf - Google Drive
2024-09-30 Public Code Development Workshop Boards.pdf - Google Drive
No specifics were given as to actual zoning changes. There were a lot of photos of historic Hamilton from the late1800s. The UTILE group said it was acknowledging the nostalgia residents have for Hamilton. Nice try, but it just left most of us shaking our heads. Why do we need to learn architectural design rationale with no understanding of the Town's future zoning commercialization costs and potential 3A infrastructure impacts?
And then came the slides showing a much different future for downtown Hamilton. There is a slide called “Depot Square” which REIMAGINES
THE SHOPPES AT HAMILTON CROSSING (TSHC). A conceptual illustration, not to scale, with no business background research associated with feasibility or impact. Please study this illustration for a moment. Look at everything being placed on the TSHC lot and keep in mind that Wenham’s current 3A plan calls for the lot directly behind this one to be the site of 73 multi-family units.
The most chilling of all the slides shows the Hamilton 3A district within the 0.5 mi radius of the north side of the train station, which is where we were when all of this began: 731 units of multi-family by-right zoning. Depending on the outcome of the Milton case, all 731 units could still be zoned for the area around the train station. (And let's not forget Wenham's 365 on the Wenham side of the station!)
Here is the Massachusetts Supreme Judicial Court link so you can listen live to the 3A oral arguments by the Town of Milton and the State this Monday, October 7th at 9AM: www.suffolk.edu/sjc
It's truly disappointing that a company Hamilton taxpayers have paid $140,000 hasn't really given us a clear plan forward. Or have they?
More from us to come soon!
Please share this with everyone you know in Hamilton and Wenham!
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IMPORTANT!
Monday October 7, 2024 Attorney General v. Town of Milton
See the link below...
Appellant: Attorney General
Counsel for Appellant: Eric A. Haskell, A.A.G. Jonathan T. Burke, A.A.G. Erin Fowler, A.A.G.
Watch the video!
https://m.youtube.com/watch?v=_K4n8cllRDE
UPDATED: October 7, 2024 at 3:33 p.m.
Justices of the state’s highest court dug in Monday on arguments of local control, the power of voters to make decisions for a municipality and the differences between “guidelines” and “regulations” as the Supreme Judicial Court took up Attorney General Andrea Campbell’s push to force Milton to comply with a 2021 zoning law.
The SJC took the case on because of the new and important public policy issues it deals with, namely what legal obligations 177 affected towns have and the state’s enforcement powers under the so-called MBTA Communities Act, which mandates multi-family zoning by right in transit-adjacent communities.
Campbell sued the town of Milton and its building commissioner in February, shortly after voters approved a referendum put forward by residents worried about the potential for excess development under the zoning reform plan that Milton Town Meeting initially approved last year. The state is seeking a court order that would force the town into compliance.
But the town, where voters were heard at the ballot box earlier this year, contends that the only punishment for noncompliance is the loss eligibility for certain grant programs that are specifically spelled out in the statute. Milton has already lost some grant funding, and the town government argues that the attorney general should not have the power to take additional enforcement action against it.
Over the course of nearly an hour, six of the seven SJC justices (Justice Bessie Dewar, the former state solicitor, did not participate) heard from both sides and were active in their questioning. The primary line of argument related to Campbell’s powers to enforce the law beyond what is specifically called for in the law.
“Towns can’t vote not to comply with state laws, right? So if you have the authority in the AG’s office … then the question is, are the remedies exclusive? That’s really the only issue we have,” Justice Scott Kafker said Monday.
Assistant Attorney General Eric Haskell argued that the remedies detailed in the law are not exclusive, and agreed with Kafker’s contentions that the loss of grant funding is largely a “paper tiger” and that “without your ability as the AG to enforce this, there’s no real remedy here.” Haskell said that the last time Milton got any money from one of the specified grant programs was $1 million it received through the MassWorks program in 2012.
“Our view is that the Legislature included that in there so that municipalities would know there is going to be a concrete consequence of not complying, and it’s going to be automatic, and it’s going to be swift, and it’s going to be certain,” he argued Monday. “But it does not in any way take the place of the power of the attorney general to enforce this mandatory state law.”
The high court also spent time unpacking Milton’s argument that it is not in violation of the MBTA Communities Act because the guidelines the Legislature required the Executive Office of Housing and Liveable Communities to produce were not properly promulgated.
The law itself mandated EOHLC to “promulgate guidelines to determine if an MBTA community is in compliance with this section,” and Milton argues that the guidelines are really regulations that should have been promulgated following the specific process laid out in Chapter 30A.
Justices Frank Gaziano and Gabrielle Wolohojian both raised with Haskell the possibility that the court could decide that the guidelines as issued by EOHLC are unenforceable because they were not put into effect using the proper process. Wolohojian pressed Haskell on how the state’s argument that Milton violated the law when it missed its deadline to comply would be affected if the court were to effectively dismiss the guidelines that created the deadline.
“I think if the decision from this court comes out in a way that HLC needs to repromulgate the guidelines, it would be HLC’s choice in that situation what to do by way of deadlines. I think it’s safe to assume they couldn’t specify a deadline in the past,” he said. Haskell argued, though, that the court would still need to settle the first question of the AG’s authority to force the town into compliance.
Wolohojian didn’t entirely agree. She said that the enforcement question “wouldn’t apply to Milton, though” if the guidelines were deemed unenforceable.
“If I understand correctly, the point at which Milton, in your view, violated the statute, was when it didn’t enact a zoning plan by a certain date. But if the certain date only comes from the guidelines and the guidelines need to be done over then, then what is there to enforce against Milton?” she asked.
There are 177 communities that either have or will have to rezone to encourage multi-family housing because they either host or are adjacent to MBTA service. State lawmakers wove the mandate into a 2021 economic development package at the last minute with little discussion, but the provisions has become a major piece of the state’s strategy to encourage badly needed housing production.
Most municipalities in the eastern part of the state are closely watching Milton’s case before the SJC. The Boston suburb is so far the only town to have missed its final deadline to comply. But dozens of other communities face an end-of-2024 deadline to come into compliance and some have been considering referendums to similarly ignore the law.
The justices of the SJC did not offer a timeline for their decision Monday. The court says that most cases are generally decided within 130 days of oral arguments, which would mean by mid-February for cases heard Monday.
Originally Published: October 7, 2024 at 3:04 p.m.
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October 9, 2024
Middleboro defies state, shoots down mandate for multi-family housing. Consequences?
Daniel Schemer
News and Features Reporter, The Taunton Daily Gazette
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OCTOBER 10, 2024
Map and list status of 177 Community MBTA 3A approvals, rejections and pending:
Cancelled November 16, 10AM Wenham Special Town Meeting. MBTA 3A voting postponed until both Hamilton and Wenham annual town meetings April 5, 2025.
News and dates coming soon.
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