Above image: The Holden McGinley House, one of the historic homes that may be affected by upcoming 40B projects. It is my mission to work toward the Preservation of Historic Homes and gardens like this one, while seeking alternatives to high impact development that also increase the availability of affordable housing in Milton.
We hear a lot about 40B in Milton, but what is it really? 40B is also known as the Comprehensive Permit Act and it was enacted by the State of Massachusetts in 1969 to help address a lack of affordable housing in the state. 40B allows developers to override certain parts of zoning restrictions in order to build denser housing. This can only take place in communities where less than 10% of housing is considered affordable and so long as at least 25% of the unit’s being built will be considered affordable housing.
The Community Preservation Act (CPA) is aMassachusetts state law passed in 2000 that allows the community to collect additional taxes that are matched by the state. This act is required to be voted into effect by each locality and was recently voted upon in Milton with an over 60% favorability rate. The funds collected create a dedicated pool to be drawn on for open space preservation, preservation of historic resources, development of affordable housing and the acquisition and development of outdoor recreational facilities.
You can learn more about the Community Preservation Act at the links below.
Massachusetts General Law, chapter 41, section 81A, authorizes the establishment of municipal Planning Boards. Among its many diverse roles, the Planning Board is charged with the following duties, paraphrased here from the Mass. General Law:
Adopting a master plan and official map of the city or town
Conducting studies, and, when necessary, preparing plans of the resources, possibilities and needs of the city or town for submittal to the Selectmen for their consideration
Serving as the local authority for the Subdivision Control Act; adopting Rules and Regulations governing the subdivision of land in the Town of Milton; reviewing all preliminary and definitive plan submittals.
Drafting and submitting zoning amendments for consideration by the municipality. When a zoning amendment has been put forward, the planning Board holds the public hearing and may report its recommendation to the local legislature.
Serving, in some instances, as the special permit granting authority (i.e. Special Permit for Open Space Development)
Serving as Site Plan Review Authority
Is always the “party of interest” in administrative appeals, special permit applications, and variance petitions within the municipality and in adjacent cities and towns;
Under Mass. Gen. L. ch. 40, 15C, the Scenic Roads Act, the Planning Board is enabled to recommend roads for municipal consideration, and empowers the planning board to oversee specified activities.
The Planning Board typically meets on the 2nd and 4th Thursday evening of each month unless otherwise posted.