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Middleborough Select Board votes to withhold manager certification on MBTA 3A action plan
Summary
After discussing state direction on MBTA 3A zoning, the Select Board voted unanimously on Feb. 3 to instruct Town Manager James McGrail not to sign the state‑requested certification for a 3A compliance action plan; the board said the town lacks authority to make the personal certification the state is requesting.
The Select Board of the Town of Middleborough voted unanimously on Feb. 3 to instruct Town Manager James McGrail not to sign a state‑requested certification tied to an MBTA 3A compliance action plan.
At issue is a state notice asking the town manager to certify that he intends to bring zoning changes to town meeting and to submit a district compliance action plan to the state by set deadlines. McGrail told the board he was “extremely uncomfortable certifying personally to that statement” because the town’s voters and representatives must decide zoning changes.
The board discussed the recent evolution of MBTA‑related regulations and legal challenges and concluded that the town should not submit the requested personal certification. Select Board member Brian Giovanoni moved for a vote to give the town manager authority not to sign; the motion passed unanimously.
Why it matters: the MBTA 3A framework (state guidance linked to the MBTA communities requirement) can require municipalities to change zoning to accommodate housing goals; Middleborough’s Select Board previously voted at town meeting not to adopt the particular 3A zoning the state expects. McGrail said the timing of state requests and unsettled guidance leaves the town in an ambiguous position: “I don’t intend to submit the action plan because of that,” he told the board.
Board members and the public expressed concern about the state’s process and urged residents to comment to the state agency. The board’s vote does not change the town’s status under the state program; it records the Board’s direction that the manager not make the personal certification the state seeks while regulatory requirements remain unsettled.
Authorities cited in discussion included the MBTA‑related regulatory guidance the state references; town counsel advised pursuing a formal MOU or other statutory path before making commitments. The board also discussed potential litigation and noted that the town cannot be “more non‑compliant” than it already is if the manager withholds the signature.
Ending The Select Board’s vote to authorize the town manager not to sign the requested certification was unanimous. Select Board members instructed the manager and town counsel to coordinate any next submissions to the state and to keep the board and public informed of additional correspondence and deadlines.
