STERLING TOWN PLANNER STEPHEN WALLACE TELLS THE PLANNING BOARD, DISINGENUOUSLY, THAT STERLING, AS A SO-CALLED ‘MBTA COMMUNITY,’ “MUST”  ADOPT A HIGH-DENSITY ‘AFFORDABLE HOUSING’ DISTRICT UNDER MASS.GEN.LAWS CH. 40A, SEC. 3A

Unneeded new Sterling Town Planner Stephen Wallace attended the 15 December 2022 Sterling Planning Board Meeting and told the Planning Board that Sterling, as a so-called ‘MBTA Community,’ “must” adopt a high-density so-called ‘affordable housing’ zoning district or risk being cut-off from certain state funds. SEE https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/minutes/12-15-2022_pb_minutes_approved.pdf

That was disingenuous on his part. As I explained in previous posts on this Blog site, given the actual language employed by the Legislature in drafting Mass.Gen.Laws Ch. 40A, Section 3A, Sterling falls outside such a zoning district requirement and the Town of Sterling should litigate that issue in Superior Court.

MOREOVER, I explained that, as admitted in a 19 December 2022 letter response by William Caldwell, Sterling Town Administrator, the Town of Sterling HAS NOT, at least since 1 January 2018, received ANY such funding referred to in Mass.Gen.Laws Ch. 40A, Section 3A(b). Section 3A is set forth in its entirety as follows:

“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.

  (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.”

IN ADDITION, as we all know, the Legislature, in ANY future session, can limit or zero-out the funding referred to in that Section 3A(b).

So Town Planner Stephen Wallace wants the Town of Sterling to prostitute itself FOR NOTHING and the FUTURE PROSPECT OF NOTHING.

WHAT A CLOWN.

J.G.