In a decisive move to protect the town from predatory development, the Milton Planning Board voted unanimously Thursday to maintain a 15% affordability requirement within the new MBTA overlay district. The decision follows a detailed economic feasibility analysis and serves as a strategic bulwark intended to help the town reach "Safe Harbor" status under state 40B regulations. Member Jim Davis emphasized the high stakes of the policy, noting that getting any units above 10% is paramount to getting Milton a Safe Harbor from 40B developments. Those are the ones that impact our town in the most dire way.

The board’s commitment to the 15% mandate—set at 80% of the Area Median Income (AMI)—came after a presentation from Metropolitan Area Planning Council (MAPC) consultants. Avanti Krov, Senior Regional Land Use Planner at MAPC, explained that the goal was to find the sweet spot maximizing community benefit while maintaining feasibility for developers across various project sizes. While some neighboring towns have struggled to balance these requirements, Milton officials expressed confidence in the existing standard. Motion Made by J. Davis to direct MAPC to draft a memo supporting the 15% option [at 80% AMI] to be submitted for discussion in January. Motion Passed (4-0). Adam Pletz, MAPC Manager of Housing and Neighborhood Development, noted that the models we use are constantly updated based on developer interviews to ensure the town's goals remain realistic in a fluctuating market.

The board’s focus on long-term planning was set against a sobering financial update regarding the town’s infrastructure. Reporting from the Capital Improvement Committee, J. Davis delivered a blunt assessment of Milton’s fiscal reality. It’s grim, Davis told his colleagues. We have department heads giving us a five-year outlook that adds up to $220 million in requests, and we allocate about $1 million a year. We are essentially putting out fires. He described a zero-sum environment where the committee must choose between critical repairs, such as flushing a failing boiler or replacing a 30-year-old generator, with little room for proactive improvements. This massive funding gap shadows the board's ongoing efforts to manage the roughly 500 housing units currently in the development pipeline.

The meeting also tackled the shifting legal landscape for Accessory Dwelling Units (ADUs). Town Counsel Carolyn Murray briefed the board on recent Attorney General decisions that have designated ADUs as "protected uses," similar to religious or educational institutions under the Dover Amendment. Murray cautioned that the town’s ability to regulate these units is now strictly limited to eight specific categories, such as height and setbacks. You cannot unreasonably regulate them or require a special permit, Murray warned, suggesting that Milton adopt a streamlined, scaled-down site plan review process to avoid legal challenges. Planning Director Liz Manning added that the town must be vigilant regarding "constructive approval" risks, where projects could be automatically approved if the board fails to act within a 120-day window. Manning recommended that the time stamp on a 'completed' application—as deemed by the Planning Director—is what starts the clock to prevent applicants from filing incomplete paperwork to trigger the countdown.

Board members expressed concern over the potential financial burden these new ADU regulations might place on residents. Member Margaret Oldfield questioned at what point homeowners would need to invest in professional architectural plans. They shouldn't spend thousands on architects before knowing if they are even eligible, Oldfield argued. Director Manning responded that while the Building Commissioner requires a survey plan to determine eligibility, the staff is working to ensure residents don't spend too much money up front before determining if a unit meets the 900-square-foot size limit. Chair Meredith Hall suggested that the board treat the current draft regulations as a beta version for applicants until a formal vote is taken in mid-January.

Beyond new regulations, the board took a moment to reflect on its recent workload in response to criticism from some Town Meeting members. M. Oldfield presented a comprehensive spreadsheet documenting the board’s productivity since 2022, covering the MBTA zoning, ADU bylaws, and major projects like the Highland Street development. I got annoyed when some Town Meeting members asked what the Planning Board does, Oldfield said, noting the thousands of hours of collective work represented in the data. Chair Hall agreed that the document should be public, stating, A lot of residents don't realize how much development is in the pipeline or the capacity required of staff to manage it.

Regarding specific local projects, Director Manning provided a status update on the controversial development at 648 Canton Avenue. While developers are seeking federal funding, the project remains entangled in litigation. Chair Hall noted that while the state Department of Environmental Protection (DEP) overrode a local Conservation Commission denial, the Select Board is still weighing an appeal. Additionally, the Historical Commission is reviewing a potential redesign that could preserve the existing house at 648 Canton Ave, though Hall reminded the public that a building permit cannot be provided at this time while Land Court proceedings continue.

The board also performed routine administrative cleanup to ensure the legal standing of its members on various town committees. Motion Made by M. Oldfield to reconfirm the fiscal 2026 committee assignments: C. Tougias, CPC and MPIC; M. Oldfield, Climate Committee and Budget Coordination; J. Davis, Capital Planning; M. Hall, Open Space and Recreation; retroactive to 7/1/25. Motion Passed (4-0). Member Cheryl Tougias noted the need for clarity on whether members must be sworn in for every sub-committee role, prompting Manning to seek further guidance from the Town Clerk.

Looking ahead to the Spring Town Meeting, Chair Hall requested that Town Counsel begin a "simplification" of the town’s sign bylaws. Hall noted that a previous draft was too long and needed to be condensed to better support local businesses while protecting the town’s character. Murray agreed to review the draft, noting that most town sign bylaws are not that good and could benefit from more concise language. The board also plans to initiate appointments for a targeted Master Plan Committee update in the coming weeks, with C. Tougias advocating for a good cross-section of residents and skill sets to lead the initiative.