Deja vu? Non, merci!

Yogi Berra famously said, it’s like “deja vu all over again”. Yes, I’m a Yankee fan but even diehard Red Sox fans can agree that deja vu all over again befits the situation in Milton perfectly.

It has been eighteen months to the day since Milton’s town clerk certified signatures to place a question on the ballot seeking to overturn a town meeting vote for the first time in over 50 years. That effort succeeded after a brutal campaign featuring outrageous claims by the forces of “no”. Those claims –from the state won’t sue Milton to we won’t lose any state grants – have proven to be false.

Our intrepid band of NIMBYs kept battling against the odds. Like a gambler at a casino who keeps thinking the next hand will turn the tide, they keep losing and losing big. Today, they lost again…big. Sixteen residents filed suit challenging Milton’s designation as a rapid transit community and, by extension, our requirement to zone for 2,461 units. Just a week ago, they said this was their big chance. A favorable judge, they said. A first chance at “adjudicating” the trolley as rapid transit argument, they said.

“Nope” said the court. The courts have said no all along the way. The legislature has refused to consider amendments to water down the law. The state’s Executive Office of Housing and Livable Communities has been steadfast. A local attorney that wanted the town to file a similar claim declined to take on the case after realizing the Select Board intended to follow the law and the lead of town meeting and submit the newly passed zoning plan to the state for approval.

Milton’s new zoning amendment fully complies with state law. And leaves East Milton, the neighborhood which voted in large majorities to reject the 2023 zoning, largely out of the plan. It is, in many respects, a better plan. A better plan from a planning perspective and a better plan politically.

But Denny Swenson and her acolytes began gathering signatures in earnest on Monday in another attempt to repeal the latest compliant zoning plan passed by town meeting. Deja vu. They can’t win in a forum made up of 279 elected town meeting representatives dominated by well-informed residents. But they proved last February they can win with a well-funded campaign featuring lies, fear and exaggeration. So they attempted to try again.

But you can never exactly recreate the same political environment. Many voters move on. Anger subsides. And towns do face real consequences for ignoring a state law.

Today’s 5pm deadline for signatures came and went and no signatures were filed. Organizers haven’t made a public statement yet but they undoubtedly struggled to reach the required 1,100 signatures need to put this before voters. They definitely had less volunteers this time around. There is anecdotal evidence of better-informed voters declining to sign the petition.

Whatever the reason, the outcome is good for Milton. Inclusivity won. Milton becomes community #139 to comply with a state upzoning law that will not solve our housing crisis, but will become part of a long-term strategy to make our all of our communities a bit more welcoming.

Yogi might say, “it ain’t over ’til it’s over.” Last ditch legal strategies will continue. Political posturing will continue.

But, it is over.

The Pope and the Plan

On May 8, 2025 two momentous events happened. In Rome, the College of Cardinals elected an American Pope. Minutes before the white smoke appeared Vatican experts were on television saying it would never happen. And then it did.

Later that evening in Milton, our Planning Board voted to advance a zoning plan that met the state’s requirements for our town after many of us saying that it would never happen. I believe I heard church bells ringing in town, perhaps celebrating both votes!

While Pope Leo XIV celebrates a week on the job, Milton’s compliant zoning plan didn’t make it that far. On May 13th, our Planning Board took a highly unusual step and rescinded its vote, deciding to advance another plan that is out of compliance with the state law and zones for 60% less housing than the state has required.

Pray for us.

The now-rescinded plan would have brought us into compliance, sparing East Milton residents who voted overwhelmingly against the previous plan in 2024, and creating multi-family zoning districts in more neighborhoods in West Milton. It is not a perfect plan but it is a good, thoughtful plan crafted by Planning Board member Cheryl Tougias (the lone voice of compliance on our Planning Board) and the town’s expert consultants from Utile.

What comes next is anyone’s guess. Milton is at risk of missing yet another state deadline. And being sued once again. And continuing to lose out on state grants, the latest being the loss of a grant for a van for our Council on Aging. Outgoing Select Board member Erin Bradley tallied the total cost to Milton so far as over $1.1 million in legal fees and lost grants.

Pray for us now.

There is hope beyond the prayers. While two incumbents were returned to the Planning Board, two new members were elected to the Select Board and a new Town Moderator was elected as well. Town Meeting is strongly in favor of following the law. But zoning articles must pass through the Planning Board and four of the five members seem to be doing everything in their power to avoid our responsibility to follow a state mandate.

Pray for us.

Pray for a kind and benevolent special master appointed by the Attorney General if we continue to resist. Pray for state officials with short memories when we do eventually comply and the state evaluates funding requests from Milton for vans, schools, public safety, and more. And pray for our neighbors who need more housing options in a town that hasn’t grown in over fifty years. Our population in 1970 was 27,190; today it is 28,811 – a 0.1% annual growth rate. For comparison, neighboring Canton has grown by over 7,000 residents in that time; Sharon over 6,000.

An American Pope and a compliant zoning plan turned out to be too much to expect in one day. But Rome wasn’t built in a day. Milton will be in compliance, consistent with being a rapid transit community. It will be a day in the future. And it will be a day!

Send it back

Two nights of town meeting and two nights of dysfunction. Milton has been renamed Dysfunction Junction (with several rapid transit stations naturally!).

Last night, we sent two articles back to the Planning Board for more work including one on Accessory Dwelling Units. State law mandates ADUs in single-family districts now but towns can place “reasonable” restrictions on them. Town meeting determined that the article before us was not reasonable, including requiring more of those who wish to add a 900 square foot ADU than those wanting to build a 5,000 square foot McMansion. It was sent back for more work.

A site plan review article was sent back to the Planning Board. Two other articles were sent back to the Select Board. Town meeting members sent back 4 of 13 articles that were initiated by town bodies.

We did close town meeting with a bang however. Debate on Articles 14 and 15 came late, going until 11:15pm. Article 14 was a citizens petition to transfer $24.61 (a penny for every zoned unit called for by the MBTA CA) from the town’s legal budget to the schools. A symbolic shot across the bow of a town that is paying lawyers $940 per hour to defend us against the Attorney General. Article 15 was a non-binding citizens petition signed by over 200 residents that asked for the Planning Board to do its job and comply with the MBTA Communities Act.

The debate was fiery. Sad. Disquieting. Three leaders of the “no” campaign took to the floor to double-down. The loss for the town in the Supreme Judicial Court was actually a win. Their greatest hits were played again. The no side really does want more affordable housing. The yes side doesn’t listen. Rapid transit is not rapid enough. It was angry, rambling and at times unhinged. Our moderator interrupted a town meeting member and reminded him to “not cast aspersions” but relented when the speaker told him he was casting aspersions on state government. That’s okay I guess. A heckler saying the “whole game is rigged” in a Trump-like rant from the cheap seats. The lead “no” organizer doing a commercial for her political operation. And the advertising executive turned affordable housing expert railing away and lying to the body by saying, three times for effect, “there is no provision for affordable housing in the MBTA Communities Act.” There is.

Not a great night. One hopeful sign was the overwhelming support for our public schools over the two nights. Both articles addressing our school overcrowding passed with huge majorities. We will need that unity this spring as Milton will vote on an override to stave off job cuts for our teachers and public safety personnel. Our divide on housing is real and deep. Our next test is to come together in support of a yes for our schools and town government services amidst the national anti-government environment. Godspeed, Milton.