As expected, the discussion about the so-called MBTA Communities article took up the majority of the airtime at last night’s edition of Town Meeting. But that’s not all that was on the docket for the final of four evenings of May Town Meeting in Burlington.
The night kicked off with a discussion of Article 30, which asked Town Meeting to put the question of changing the Town Clerk’s role to appointed (it’s been an elected position for more than 200 years) onto April’s town election ballot. Current Town Clerk Amy Warfield, who is planning to retire in the near future, has been investigating the possibilities related to filling the role once she moves on, and she spoke on the benefits and drawbacks to having an appointed Town Clerk. Notably, the majority of Burlington’s surrounding and comparable towns have moved to an appointed Town Clerk.
The majority of the feedback at the session, aside from expressions of thanks to Amy for the job she and her staff have done over the years, was that parameters need to be in place for who will make the appointment and the requirements of the job before Town Meeting will feel comfortable voting to place the question on the ballot. This was the sole article on the Warrant that didn’t pass, either in its original or amended form, and it was postponed. Town Administrator Paul Sagarino said the Select Board, who proposed this Article, would be prepared to provide a job description and other specifics at that time.
Article 34 to update parking and landscaping requirements passed after a short discussion, as did Article 35 to modernize and streamline the use table. The major goals behind these were to bring our zoning bylaws into the 21st century, making them more readable, user-friendly, and discoverable by search engines, increasing the likelihood of Burlington making the short list of destinations for businesses that will support the town’s economic sector.
The main event of the evening was the discussion of Article 31, which sought to establish an MBTA Communities Multifamily Overlay, a zoning area where multifamily housing is allowed “as of right” (without a special permit). This is in response to a state law which requires communities with MBTA access to establish by-right multifamily zoning. Planning Director Liz Bonventre positioned this as an economic development move on the state’s part, as many young professionals leave Massachusetts for areas with a lower cost of living while still working remotely for Massachusetts companies.
Bonventre established a working group to create a plan to address this state law, which was endorsed by former governor Charlie Baker and passed in 2021. The group determined their plan needed to both comply with the letter and spirit of the law and be able to pass Town Meeting. The result was the creation of an overlay that met the requirements of the law and largely included land that was already developed as multifamily housing. The one exception is what has become known as the Staples Triangle, the three parcels of land including the Staples building and two other parcels behind it, which have multiple different owners and, due to the topography of the land, are unlikely to be developed into multifamily housing, according to Bonventre.
The plan, and the law itself, have been discussed at length, particularly at the Planning Board, and it has been no secret that several community members and elected officials are against the law itself, irrespective of how effective the town’s plan would be at complying.
The critics of the concept have been many, with some saying the law amounts to government overreach, others saying the law (and the town’s overlay plan) don’t do enough to address the actual housing shortage, and still others suspecting that, while the law doesn’t require any building as of yet, the state is sure to come back with such a requirement in the future.
Town Meeting Member Jeff DiBona moved to postpone the Article as several members pointed to communities that have refused to comply. Notably, Milton lost some grant funding immediately and now will likely engage in a lengthy and expensive legal battle with the state. Not enough Town Meeting members agreed with taking this wait-and-see approach, and the postponement failed. The state Attorney General has ensured communities there will be financial consequences for not complying with the law, and Bonventre outlined the MassWorks grants Burlington has benefitted from in the recent past and would no longer be eligible for—monies, she says, that make it easier for her department to do its work and make the town more attractive to those who live and work here and to those who would relocate their homes or businesses.
Proponents included Rick Parker, president of the Burlington Area Chamber of Commerce, who cautioned the body that a vote against multifamily housing would be noted by businesses that were considering Burlington as their home. Many Town Meeting Members echoed Parker’s sentiments, saying people who work in Burlington often can’t afford to live in Burlington, and the commute can be a turnoff for employees.
The final attempt to adjust this Article was a proposed amendment to remove the Staples Triangle from the overlay, a move which Bonventre cautioned against because it could affect the town’s compliance with the other requirements of the law. This amendment was never officially presented, and the article was put up for a vote. Visually, the article passed, but a roll call was demanded and the final count was 64 in favor, 19 against, and 4 abstain.
This puts an end to months and years’ worth of effort on the part of the Planning Department and everyone else who has been involved in raising awareness and planning for this change. As Bonventre said at Town Meeting, the Planning Department is eager to move on to other work that will benefit the town.
For a full rundown of the results of Town Meeting, check out our finalized Warrant Summary.
