Milton asking state to restore its grant funding

MILTON, which has become persona non grata with the state by failing to comply with the MBTA Communities Act, is making an unusual request of the Healey administration.

The Milton Select Board voted 3-2 Tuesday night to send letters to Gov. Maura Healey and other officials asking them to reverse course and restore state grants that were cut off because of the municipality’s noncompliance. At least one seawall grant for $140,800 was pulled back by the state and the town has also been denied access to MassWorks and HousingWorks grants and is expected to have a tougher time winning an assortment of other state funds.

In its letter, the board notes that Attorney General Andrea Campbell’s lawsuit against the town asks the Supreme Judicial Court to mandate compliance with the MBTA Communities Act within three months of a decision. As a matter of “consistency and fairness,” the Milton letter says, the state should follow the same timetable on withholding grant funds – withhold money only if Campbell prevails and wait until three months after the SJC decision. Oral arguments in the case are scheduled for October, which could put off any action on grant funds until 2025 under Milton’s reasoning.

The vote followed a spirited debate on the divided board. Supporters of sending the letter said the town shouldn’t lose its grant funding until the court process runs its course. But opponents pointed out that state officials in writing had warned the town in January it would lose the grant funds if it failed to come into compliance.

Milton approved a rezoning plan at town meeting last year to bring the municipality into compliance with the law. But opponents gathered enough signatures to bring the issue to voters in February, and the plan was rejected by an 54-46 margin. The Healey administration promptly cut off grant funds and Campbell sued Milton.

The opponents suggested sending the letter was the height of hypocrisy. “I feel it’s a little bit of having your cake and eating it too, when we knew this was the cost of voting no,” said Benjamin Zoll, who supported the zoning plan that was rejected by voters.

“We knew what the consequences were,” Zoll said, adding that there was “zero chance” the state would go along. “It’s another fool’s errand in a litany of fool’s errands.”

Roxanne Musto, who voted to send the letters, reminded Zoll that the town as a whole voted against the rezoning plan.

In fighting Campbell’s lawsuit, Milton has argued she lacks the power to compel compliance and the only disciplinary action the state can take against the town is to withhold grant funding. The letter approved Tuesday night merely seeks to delay the withholding of grant funding until after the court process runs its course.

Officials at the Housing and Livable Communities agency declined comment because they haven’t received the letter yet.