Thomas Dougherty Resigns
Town would not follow his legal advice on the MBTA Communities law.
June 26, 2025 (Milton) — Attorney Thomas Dougherty resigned as Milton’s special counsel on Sunday because the town refused to send in a reservation of rights letter to the state to accompany a recently approved 25% zoning plan.
The 25% plan meets the requirements accompanying the state’s designation of Milton as a rapid transit community under the MBTA Communities regulations.
The plan zones several areas of Milton for high density, multifamily zoning to allow for the creation of new housing units equal to 25% of the town’s current housing stock.
Dougherty had prepared a brief asking for a declaratory judgment that the town can choose to be an adjacent community, which requires a 10% plan.
He advised the town to send a letter accompanying their submittal of the 25% reserving the right to change the zoning for a 10% plan should the town win the case.
The town, particularly Benjamin Zoll, the chair of the Select Board, refused to do so.
The Select Board met this morning in executive session with Dougherty to discuss. They refused to agree to send the letter.
Zoll tried to blame Dougherty for the decision to drop the case even though Dougherty did show up for an 8:00 am meeting with the Select Board.
Vice Chair John Keohane disagreed indicating that Dougherty would have been willing to work with Milton if the town had agreed to follow his advice.
That advice was in regard to routine legal matters.
Dougherty, a Marshall scholar, Harvard Law School graduate, and former clerk for Stephen J. Breyer, would have brought a whole new level of legal expertise to the disputes over the MBTA Communities law.