Months ago, immediately after the Central Massachusetts Housing Alliance filed its absolutely BULLSHIT so-called ‘MBTA Zoning’ lawsuit against the Town of Holden, your correspondent on this Blog site wrote that that lawsuit should be dismissed for the plaintiffs’/claimants’ “lack of standing.” Welp, Worcester Superior Court Judge Daniel Wrenn did just THAT this week and dismissed that lawsuit for plaintiffs’ “lack of standing.”
SEE Judge dismisses lawsuit against Holden over defiance of MBTA housing law (yahoo.com)
Let’s have a BIG round of applause for the Town of Holden’s Select Board and Town Manager. THEY displayed real cojones and stood up for the rule of law in defending against these bogus claims AND the bogus threats made by Massachusetts Attorney General Andrea Campbell who has pushed the illegal and ultra vires so-called ‘MBTA Zoning Guidelines,’ promulgated by the intellectually dishonest Massachusetts Department of Housing and Community Development, that warp the clear intent of Mass. Gen. Laws Ch. 40A, Section 3A.
The truth is that Ch. 40A, Section 3A APPLIES ONLY TO THOSE SO-CALLED ‘MBTA COMMUNITIES’ THAT HAVE LAND WITHIN HALF A MILE (0.5 MILES) OF ONE OF THE TRANSIT STOPS OR TERMINALS DESCRIBED IN THAT STATUTE. MOREOVER, THE ONLY SANCTION/PENALTY FOR NOT COMPLYING WITH THAT STATUTE IS THE CUT-OFF OF STATE FUNDS DESCRIBED IN SECTION 3A(b).
SEE General Law – Part I, Title VII, Chapter 40A, Section 3A (malegislature.gov)
STERLING has received NO STATE FUNDS described in Section 3A(b) AND DOES NOT HAVE ANY LAND WITHIN HALF A MILE OF ANY TRANSIT STOP OR TERMINAL LISTED IN SECTION 3A, YET THE GUTLESS STERLING PLANNING BOARD AND TOWN PLANNER HAVE UNDERTAKEN TO DESIGNATE BOGUS ‘MBTA ZONING DISTRICT’ PROVISIONS WITHIN THE TOWN OF STERLING. WHAT GROVELING CLOWNS.
ANY SUCH ZONING CHANGES MUST BE APPROVED AT A STERLING TOWN MEETING. MAKE SURE YOU SHOW UP AND VOTE THEM DOWN. WITH THE TOWN WELL-WATER SHORTAGE WE DON’T NEED ANY MORE HIGH-DENSITY HOUSING THAT SELF-SERVING WEASEL DEVELOPER, CARL CORRINNE, BENT CHAIRMAN OF THE STERLING PLANNING BOARD, WOULD LOVE TO BUILD.
I’d like to think that the principled stand taken by Town of Holden officials will stiffen the spines of Sterling officials when it comes to these matters, but experience demonstrates that that result is highly unlikely.
J.G.
STERLING, MASSACHUSETTS, OVERWATCH 