Carl Corrinne is the self-serving developer-Chair of the Sterling Planning Board. In other words, a Weasel’s Weasel. So you gotta wonder, why did the Planning Board put discussion of new ‘MBTA Community’ Multi-Family Zoning Requirements on the Planning Board’s 15 December 2022 Agenda — https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/agendas/pb_agenda_-_december_15_2022.pdf — IN VIEW OF THE FACT THAT STERLING IS NOT AN ‘MBTA COMMUNITY’ FALLING WITHIN THE PARAMETERS SET FORTH IN MASS. GEN. LAWS CH. 40A, SEC. 3A(a)(1)???
GO TO THESE LINKS FOR THE NEW STATUTORY ‘MBTA COMMUNITY’ PARAMETERS—
https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40A/Section3A
Section 3A is here set forth:
“Section 3A: Multi-family zoning as-of-right in MBTA communities
Section 3A. (a)(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall: (i) have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A; and (ii) be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable (emphasis added).
(b) An MBTA community that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; or (iii) the MassWorks infrastructure program established in section 63 of chapter 23A.
[ Subsection (c) effective until July 29, 2021. For text effective July 29, 2021, see below.]
(c) The department, in consultation with the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section.
[ Subsection (c) as amended by 2021, 29, Sec. 10 effective July 29, 2021. For text effective until July 29, 2021, see above.]
(c) The department of housing and community development, in consultation with the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall promulgate guidelines to determine if an MBTA community is in compliance with this section”(emphasis added).
That statutory section refers to “An MBTA community,” NOT “All MBTA communities.” It is clear from the language actually employed, therefore, that ONLY AN ‘MBTA community’ that has land 0.5 miles or closer to one of the relevant stations or terminals is subject to the ‘Multifamily’ districting dictates.
THE MASSACHUSETTS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WARPED, AND WENT WAY BEYOND, THE CLEAR LANGUAGE OF MASS. GEN. LAWS CH. 40A, SEC. 3A(a)(1) IN PROMULGATING SO-CALLED “COMPLIANCE GUIDELINES” CALLED FOR BY THAT STATUTE, AND CAME UP WITH A BOGUS “ADJACENT SMALL TOWN” CATEGORY– THAT INCLUDES STERLING– HAVING ABSOLUTELY NO GROUNDING IN THAT STATUTE’S LANGUAGE. THOSE GUIDELINES CONSTITUTE CLEAR AGENCY OVERREACH AND ARE ILLEGAL.
https://www.mass.gov/doc/data-sources-and-methodology-document-link/download
NO PART OF STERLING IS “located not more than 0.5 miles
from a commuter rail station, subway station, ferry terminal or bus station...” (italics original). In other words, EVERY part of Sterling is more than 0.5 miles from ANY such facility.
THE TOWN OF STERLING SHOULD BE FILING A LAWSUIT CHALLENGE TO THESE BOGUS GUIDELINES.
INSTEAD, THE STERLING PLANNING BOARD IS PLAYING ALONG AS THOUGH THOSE GUIDELINES ARE LEGITIMATE.
NOTE: KP Law — http://www.k-plaw.com/about/ — is Counsel for the Town of Sterling and MANY, MANY other Massachusetts cities and towns. KP Law should be all over the Massachusetts Department of Housing and Community Development concerning its illegal power grab and the aforementioned illegal so-called ‘Guidelines’ like a fly on shit.
J.G.
STERLING, MASSACHUSETTS, OVERWATCH 