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What the SJC ruling on the MBTA Communities Act means beyond Milton

A condo development adjacent to the MBTA's Mattapan trolley line is an example of multifamily housing that Milton has already allowed.
A condo development adjacent to the MBTA's Mattapan trolley line is an example of multifamily housing that Milton has already allowed. (Lane Turner/The Boston Globe via Getty Images)

Editor's Note: This is an excerpt from WBUR's daily morning newsletter, WBUR Today. If you like what you read and want it in your inbox, sign up here


The post office, stock market and other federal offices are closed today for a national day of mourning for former President Jimmy Carter. Gov. Maura Healey is also asking Massachusetts residents to observe a moment of silence at 10 a.m. as Carter’s national funeral service begins. (In this Cognoscenti commentary, Madeleine Blais — who covered Carter’s nomination during the 1976 Democratic National Convention — bids farewell to Carter and “a more innocent time.”)

Now to more news:

Zoned in: Massachusetts’ top court ruled yesterday the state can in fact force communities to comply with the MBTA Communities Act, if the state rewrites the housing law’s regulations. In the grand scheme of things, Attorney General Andrea Campbell and other supporters of the law are celebrating the ruling as a “major victory.” And its ramifications reach far beyond the 28,000 residents of Milton.

  • Zoom out: With the new year, Milton (and Holden) are no longer the sole MBTA Communities Act holdouts. According to the state, 31 cities and towns are now considered noncompliant after letting the Dec. 31 deadline to pass new zoning come and go. The list ranges from Boston suburbs like Weston and Winthrop to affluent coastal communities like Marblehead and Duxbury to politically purple towns like Lynnfield and Wrentham. (That still pales in comparison to the 116 communities that are complying.)
  • Our updated map shows all of the noncompliant cities and towns in red. The situation in several communities — Needham, Gloucester and Shrewsbury — depends on upcoming referendums on previously passed zoning plans.
  • Now what? Healey says her office should complete the rewritten emergency regulations to address the court’s issues by the end of this week. (They would take effect immediately.)
  • What does that mean for noncompliant communities? Don’t worry, Campbell isn’t planning to immediately hit you with a lawsuit. She told reporters yesterday that she understood many cities and towns were waiting to hear what the SJC would say in the Milton case. Now, Campbell said her “expectation” is that those communities will move to adopt compliant zoning — though she acknowledged it may take time. For example, communities may need to hold votes on new plans during their town meetings this spring.
  • What if some towns still don’t comply? Campbell repeatedly stressed she’d rather “work in collaboration than sue a municipality or get the courts involved.” However, her lawsuit against Milton contained hints about how the state could try to force towns to comply. The possibilities include seeking a court injunction to prevent a town from enforcing its current zoning laws, imposing additional fines, or appointing a “special master” to write compliant zoning rules for the community.

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No, you’re crying (happy tears, that is): Massachusetts’ newest H Mart debuts in Somerville today. The grocery chain, which specializes in Asian food, is opening at 10 a.m. in the old Davis Square bfresh location.

  • PSA: The store is offering some grand opening deals, such as free reusable bags for those who spend over $30, and $1 fried tofu and burdock kimbap for those who spend over $50.

In other food news: Kelly’s Roast Beef is now owned by a private equity firm. Burlington-based AAM15 Management announced Tuesday it acquired the Kelly’s brand, as well as its four locations in Saugus, Medford, Danvers and Revere.

  • The firm’s CEO David Masse said their goal is to “preserve everything that has made Kelly’s Roast Beef an icon … while identifying opportunities to innovate and grow.”

RSVP: Ayanna Pressley isn’t the only member of the Massachusetts congressional delegation skipping Donald Trump’s inauguration on Jan. 20. Rep. Bill Keating announced yesterday he also won’t attend “out of respect for the men and women of the Capitol Police who were attacked at the very site of the inauguration itself” during the Jan. 6 riots.

Running it back: The winners of last year’s Boston Marathon will be back to defend their titles this April. The BAA announced yesterday that defending men’s champion Sisay Lemma of Ethiopia will be part of the 2025 field, while Kenya’s Hellen Obiri will look to make it a three-peat on the women’s side. Defending wheelchair champs Marcel Hug and Eden Rainbow-Cooper will also be back for the April 21 race.

P.S.— Two towns in Massachusetts — Lexington and Concord — made The New York Times’ annual 52 Places to Go This Year list, as they celebrate the 250th anniversary of the first battles of the Revolution. Click here for a gift link to read the full list.

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Nik DeCosta-Klipa Senior Editor, Newsletters

Nik DeCosta-Klipa is a senior editor for newsletters at WBUR.

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