Commentary by Frank Schroth

There are four articles contained in the warrant to be discussed at the Special Town Meeting which will be held this Monday, September 20th. (You can find the warrant here.)

Town Meeting should pass all four. Here’s why.

Articles 1 & 3 have significant financial potential. Both are related to zoning. Both are criteria for becoming certified as a green community by the state. Once certified, Milton is eligible to apply for grants to fund energy conservation. The act passed in June, and 35 towns (view them here) received grants of up to $500K in the first round. The minimum grant amount is $125K.

Article 1 would  implement building “stretch codes.” Essentially these codes “stretch” existing building codes and require more energy efficient materials in construction. “The optional Stretch Code is an appendix to the Massachusetts Building Code approved by the Board of Building Regulations and Standards in May 2009. In communities that adopt it, the Stretch Code increases the energy efficiency code requirements for all new residential and many new commercial buildings, as well as residential renovations and additions that would normally trigger building code requirements.” At least fortycities and towns to date have adopted the codes.

Concerns? There are a couple. First is the additional cost that will be imposed on homeowners and businesses due to more expensive materials. A second concern is in amending the building inspection process and adding a burden on the town regarding that. Regarding the first, the state has put together a series of spreadsheets on costs and recouped costs. Homeowners will see a positive cash flow within a year. You can find the analysis here. The impact on inspectional services according to Ewan Innes of the Warrant Committee will not be onerous. Selectman Sweeney has also voiced some reservations about the “big brother” aspects of it. However, that libertarian concern is really unfounded. Building codes impose control, safety,and standards for good reason.

Article 3 will rezone the location of the wind turbine for as-of- right-siting. The state defines it as follows:

“As-of-Right Siting shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. As-of-right development may be subject to non-discretionary site plan review to determine conformance with local zoning bylaws as well as state and federal law. As-of-right development projects that are consistent with zoning bylaws and with state and federal law cannot be prohibited.

Building Inspector: the inspector of buildings, building commissioner, or local inspector charged with the enforcement of the state building code.

Building Permit: The permit issued in accordance with all applicable requirements of the Massachusetts State Building Code (780 CMR).”

In removing the need for a special permit, the process of impelementing conservation iniatives is acclerated.

Concerns? Quarry Hills, owners of the Granite Links Golf Course have been objecting, but the majority of their concerns border on the silly.

Let’s connect the dots. The schools according to their third quarter financial statement paid over $700,00 (budgeted $1.6 million) for non-salary heat of buildings. (You can find the financial statement here.) A grant for a minimum amount of $125,000 to put solar panels on the Pierce and/or Tucker or Glover might help defray that expense. The applications for the next round of Green Communities funding will be in October. Milton should take part. The town can benfit from the funds, saving energy and cutting municipal costs.

Article 4 is to grant permission to petition the legislature to award a liquor license to Ichiro Sushi, an East Milton restaurant. The owners of this restaurant deferred their request. Why? I don’t know, but they did, perhaps to allow a request for a liquor license for 2 Adams Street, which has been granted. You can be forgiven for wondering where 2 Adams Street is. It’s not there yet. It hasn’t been built, but when it shows up you might expect a steak place or American bistro a la Burton’s (Boston and Hingham). The owners of Ichiro Sushi, who seek to serve saki, a Japanesee wine, with their meals, are hardworking good business people.

Concerns? Right now there aren’t any. There are currently 4 licenses: 88 Wharf, Abby Park, Fuller Village, and 2 Adams Street.

It should be noted that approval of this article does not award Ichiro Sushi a license. Because Milton is a dry town,  it needs to petition  the legislature to award liquor licenses. If the legislature agrees, then the Selectmen will hold a public hearing and unless they hear something to give them pause, they will approve the license. This is the first step in a fairly lengthy process.

Article 2 addresses a deficiency in the zoning regulations. Of course, the deficiency did not become evident until a couple residents abused a lack of specificity, namely the lack of a defined height for an “accessory structure,” such as a garage or tool shed.  The current zoning states that accessory structures can only be one story. People can be pretty creative. One resident built a retaining wall 10 feet high and then put a pool house on that. The net height is something like 35′. The case is in court. It is one of two, and the town wants to prevent any more.

This article limits accessory structures to 20′ – it is a bit of a stop-gap measure but it is a necessary one. The Plannning Board plans to return to Annual Town Meeting with a more comprehensive solution that accounts for the height of stuctures relative to scale and is applicable to both rear and side lot lines. The current article only covers structures built within 30 feet of a rear lot line.