On 8 January 2025 the Massachusetts Supreme Judicial Court issued its opinion in the Town of Milton case in which that town’s Answer and Counter-Claim challenged the application of Mass.Gen.Laws Ch. 40A, sec. 3A and the bogus ‘Compliance Guidelines’ issued previously by out-of-control buffoons constituting MassEOHLC.
In its decision the SJC ruled that so-called ‘MBTA Communities Multi-Family Zoning Districts’ MUST BE LOCATED WITHIN ½ MILE OF AN MBTA STATION OR TERMINAL. “The act further defines ‘a district of reasonable size’ and specifies that any such district must be situated within one-half mile of an MTBA (sic) facility” (emphasis added).
The SJC went on to explain parameters set by the Legislature in Mass.Gen.Laws Ch. 40A, Sec. 3A–
“The act … defines a ‘district of reasonable size,’ specifying that
it ‘shall . . . have a minimum gross density of [fifteen] units per acre, subject to [certain specified limitations]; and . . . be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station.’ Id. Thus, by delegating to HLC the power to determine whether a city or town is in compliance with § 3A, the Legislature has not abandoned its policy-making role. See G. L. c. 40A, § 3A (c).”
SEE https://www.mass.gov/files/documents/2025/01/08/h13580.pdf
In so writing the SJC REINFORCED its message that the language set forth in Mass.Gen.Laws Ch. 40A, Sec. 3A SET CLEAR BOUNDARIES LIMITING TH EOHLC’s GUIDELINE-MAKING SCOPE.
On 14 January 2025 EOHLC issued so-called ‘Emergency Guidelines’ IGNORING the EXPLICIT ½ MILE DISTANCE LIMIT re-affirmed by the SJC and thereby placed itself in contempt of court.
SEE https://www.mass.gov/info-details/multi-family-zoning-requirement-for-mbta-communities
Make NO mistake about it— EOHLC Secretary Edward Augustus’s bent ass should be held in contempt of court and municipalities having no land within ½ mile of an MBTA facility, but which are still targeted by these BOGUS ‘Emergency Guidelines,’ should sue Augustus and EOHLC for injunctive relief.
We know that Sterling won’t join in such a lawsuit because no one on the Sterling Select Board has a set of cojones.
Stay tuned.
J.G.
STERLING, MASSACHUSETTS, OVERWATCH 
in layman’s terms…..the residents of sterling are fucked and the town planner and developers can run wild no matter what happens at the town meeting…..
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It’s a zoning issue and must come before Town Meeting. If Town Meeting shoots down the bogus ‘MBTA Zoning District’ then the INVERTEBRATES constituting the Select Board will be forced into a lawsuit by AG Andrea ‘Kamala Smarts’ Campbell. The INVERTEBRATES constituting the Select Board would then have a legal-fiduciary duty to raise applicable defenses on the Town of Sterling’s behalf, and that means asserting the 1/2 mile limit defense. The INVERTEBRATES constituting the Select Board should, instead, go on the offense in a court action now. They won’t because, in addition to being cowards, they’re stupid.
J.G.
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