2009 Annual Report.pdf - Town of Milton

II. Non-Budget Articles.
A. Bylaw Amendment to Allow Construction of Wind Turbines
Article 42 would amend the Towns zoning bylaws to provide for the construction
of two wind turbines on Town owned land. These two wind turbines
could generate enough energy credits through the sale of electricity to the National
Grid to offset all of the electricity costs for Town and School owned buildings.
It would cost approximately $8,000,000 to build the turbines the cost of
which may be eligible for grants or zero interest loans. This proposal received
favorable response at public hearings.
B. Establishment of an Affordable Housing Trust
Article 43 would allow the Town to establish an affordable housing trust to
accept revenue to be used for the furtherance of housing for low and moderate
income families in the Town. The Town is anticipating receiving $50,000 from
the 2 Adams Street project in lieu of Chapter 40B housing. Without the establishment
of this trust the Town would have no mechanism to accept this revenue.
The trust would operate as an independent body with a five member board one
of whom would be a member of the Board of Selectmen.
C. Continuation of Non-conforming uses of Building and Land
Article 44 submitted by the Planning Board would eliminate the need for
a public hearing and authorize the Building Inspector to allow the continued use
by a new owner of non-conforming property in the Town’s business districts
when such use is substantially the same or substantially similar to the use by the
previous owner. This amendment would only apply when the non-conforming
use was in relation to set back or dimensions. Residents would continue to
have the right to challenge the Building Inspectors determination.
D. Retaining Wall is not a Structure
Article 45 submitted by the Planning Board would change the Town’s zoning
bylaws to clarify that a retaining wall of five feet or less in height is not a
structure. This article is in response to litigation. Without definitive language the
courts concluded that a retaining wall was a structure and as a result was subject
to the Town’s zoning laws with respect to minimum sets backs. This change
will allow residents to construct a retaining wall not exceeding five feet at the
property line.
E. Amendment to Affordable Housing Zoning Bylaw
Article 46 submitted by the Planning Board is a technical amendment designed
to clarify that affordable housing units required for special permits
granted under the zoning for the Central Avenue Planned Unit Development
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