by Michael Maholchic

Kathleen O’Donnell, a lawyer hired as special counsel to the Town of Milton to provide advice on several upcoming housing projects with an affordable component (“40B Projects”) spoke to the Milton Rotary Club at their regular meeting on Wednesday, January 14, 2015.

She began with a quick overview of the purpose of Chapter 40B of the Massachusetts General Laws. A developer can apply to the Zoning Board for waivers of local by-laws on lot size, density, building types, etc. if 25% of the project is “affordable” to persons making 80% or less of the area median income. A town can refuse to accept the developer’s application if it has at least 10% of its housing stock is listed by the Commonwealth as affordable or at least 1.5% of its land area is used for affordable housing. It can also deny the application of it has made significant progress on its approved affordable housing production plan.

40B developments are not always bad news. The waivers can provide a town with flexibility not otherwise provided in its zoning by-laws, like townhouses or cottage style developments.

Right now there are two projects before the Zoning Board of Appeals; one at the former Hendries plant and a 90 unit development on Randolph Avenue near the Department of Public Works yard. A third project is on hold, because the Town has demonstrated progress on its housing production plan (the Fuller Village units that have just been added to the inventory).

As far as producing new housing, the Town has an affordable housing trust. The Trust has talked about looking at the empty space above businesses in East Milton. Another avenue to explore is creating Habitat for Humanity homes with deed restrictions mandating affordability on town owned properties that have been taken for unpaid back taxes.