Working with 40B’ presentation and discussion at Feb. Select Board Meeting – Select Board Update

Select Board Update
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Working with 40B’ presentation and discussion at Feb. Select Board Meeting – Select Board Update

The town of Milton has recently had an onslaught of 40B projects, which are very different from typical project review, rules and responsibilities, what the framework looks like, and general processes. This discussion & presentation with Judi Barrett and Johanna Schneider served as a walk through regarding what the Select Board and public need to know in order to to gain a better understanding of the process.

What is chapter 40B?

The affordable housing law assumes communities have met their regional ‘fair share’ if at least 10% of their housing stock is affordable to low-income people and subsidized by a federal or state program.

Milton is currently at 4.97%.

What does it mean if a town is under 10%?

Developers applying for comprehensive permits are presumed to need (and qualify for) waivers of local regulations.

ZBA’s jurisdiction narrowly defined by ‘local concerns’ defined in the statute.

ZBA must balance regional need for affordable housing against local concerns…law presumes regional need is paramount.

The ‘Safe Harbors’-Chapter 40B regulations

  • Housing production plan-certified
  • Recent progress toward housing unit minimum
  • Review of large projects
  • Related applications
  • What is affordable housing?
  • What incomes are at or below 80%?

Project eligibility

Recently, MassHousing has received several Comprehensive Site Approval Applications for development projects in Milton. The proposed developments would provide affordable housing subsidized by MassHousing under the terms set forth under Massachusetts General Laws Chapter 40B. For more information, please click here- 40B Site Eligibility Application Information | Milton MA (

Local responsibilities

  • Site visit
  • Town comment
  • Town departments meet with developer, some examples of participating departments are: Planning Board, Conservation Commission, Health Department, Public Works
  • Focus on local concerns
  • Select Board transmits town comments to subsidizing agency

C40B application submission requirements

  • Preliminary plans
  • Existing site condition and locus map
  • Preliminary scaled drawings
  • Tabulation of proposed buildings
  • Subdivision plan
  • Utilities plan
  • Waivers

How can town departments help the ZBA?

ZBA responsibilities

  • Focus on the ‘real’ project issues
  • Identify major issues
  • Request additional info when necessary
  • Request graphics that help clarify relationships to neighbors

Balance regional housing needs with local concerns, the main concerns are:

  • Health
  • Safety
  • Environmental

Final decision

Options under 40B

  • Denial
  • Approval with conditions
  • Approval ‘as is’

To view the full discussion in presentation form, click here-






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Rob Levash - planning board

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