15% Affordability Mandate Fast-Tracked to Shield Milton from "Dire" 40B Developments
Key Points
- Planning Board advances 15% affordability requirement for MBTA districts to secure "Safe Harbor" from 40B developments
- Capital Improvement Committee reports "grim" $220 million backlog against just $1 million in annual funding
- Legal review initiated to streamline Accessory Dwelling Unit (ADU) approvals while following state "Dover" protections
- Developer for 648 Canton Avenue proposes preserving historic home amid ongoing Land Court litigation
- Board documents high volume of activity with 400 to 500 housing units currently under construction in Milton
The Milton Planning Board moved decisively this week to protect the town’s zoning autonomy, voting to advance a 15% affordability requirement for new housing developments within the MBTA communities overlay district. The decision follows a technical analysis by the Metropolitan Area Planning Council (MAPC) designed to ensure Milton meets state feasibility standards while maximizing its progress toward "Safe Harbor" status—a legal shield that prevents developers from bypassing local zoning through the state’s Chapter 40B law.
Avanti Krov, a senior planner with MAPC, presented four scenarios to the board, ranging from the town’s current 15% mandate to deeper affordability at lower unit counts. Krov noted that state regulators at the Executive Office of Housing and Livable Communities (EOHLC) typically require a 15% internal rate of return for projects to be deemed feasible. Option 1 maximizes the number of units and is the most feasible across small and large projects,
Krov explained, adding that more complex tiered approaches could be difficult to administer. Adam Pletz, MAPC’s manager of housing and neighborhood development, clarified that the models were constantly updated through developer interviews
to reflect current interest rates and construction costs.
Board members expressed strong support for maintaining the 15% threshold at 80% of the Area Median Income (AMI). Member Jim Davis argued that the move is essential for the town's long-term planning security. I am an advocate for sticking with Option 1,
Davis said. Getting units above 10% is paramount to getting Milton a 'Safe Harbor' from 40B developments. Those huge developments impact the town in the most dire way.
Member Cheryl Tougias, an architect, noted that projects are increasingly difficult to pencil out
in the current economy but agreed that Milton needs to gain ground on the 10% SHI requirement.
Planning Director Liz Manning added that simpler regulations are preferable given the town's current staffing capacity. Motion Made by J. Davis to direct MAPC to draft a memo supporting the 15% option for discussion in January and subsequent submission to EOHLC. Motion Passed (4-0)
The board also grappled with a grim
financial outlook regarding the town’s infrastructure. Reporting on the Capital Improvement Committee, J. Davis revealed a massive gap between the town’s needs and its available funding. We have $220 million in requests over five years and we allocate about $1 million a year,
Davis said. We're just putting out fires.
He noted the committee is struggling to prioritize essential items like fire trucks and street sweepers while trying to distinguish between true capital projects and basic maintenance. Tougias expressed concern over the backlog, noting that a million dollars is barely one department's request.
In a detailed staff update, Director Manning reported that the town is currently tracking between 400 and 500 housing units under construction. Regarding the controversial project at 648 Canton Avenue, Tougias shared that the developers now intend to preserve the existing house at 648 Canton while demolishing the neighboring structure at 652, a shift from the original full-demolition plan. However, the project remains entangled in Land Court litigation following a Conservation Commission denial that was later overturned by the state. Manning also noted she is seeking new quotes for a Housing Production Plan, as the town’s previous plan has expired.
The board also began refining procedural rules for Accessory Dwelling Units (ADUs) and Site Plan Reviews to align with recent Attorney General rulings. Attorney Carolyn Murray of KP Law advised the board to create a scaled-down
review process for Dover Amendment
uses, which now include ADUs under state law. You can reasonably regulate bulk, height, setbacks, etc., but you cannot prohibit them,
Murray cautioned. The board discussed ways to minimize upfront costs for homeowners, with J. Davis noting a land survey can cost up to $1,500. Is that too much to spend before getting shot down?
he asked, suggesting a preliminary determination process. Chair Meredith Hall agreed to delay a formal vote on the new ADU regulations until January to allow for further review. We've had great experiences with Dover applicants who were open to suggestions even if we couldn't mandate them,
Hall noted.
To conclude the meeting, the board formalized its representation on various town committees. Motion Made by M. Oldfield to reconfirm the fiscal year 2026 committee assignments: Cheryl Tougias for CPC and MPIC; Margaret Oldfield for Climate Committee and Budget Coordination; Jim Davis for Capital Planning; and Meredith Hall for Open Space and Recreation. Motion Passed (4-0) Member Margaret Oldfield also presented a spreadsheet documenting the board’s accomplishments since 2022 to counter perceptions of low productivity. I was annoyed when town meeting members asked what the Planning Board does,
Oldfield said. We have been highly productive. I want the townspeople to know we work hard.