Clearing up confusion on Question 1

On February 13, voters will decide whether Milton moves forward with a zoning plan that complies with state law. Zoning is a complex issue, and it’s important for voters to have the facts before they head to the polls. Below, we address some of the most common misconceptions about the zoning plan proposed in Question 1.

  • I've heard: I signed the petition to put Question 1 on the ballot, so I must vote “no” or cannot vote in the election.

    Fact: All registered voters are eligible to vote on February 13—and all registered voters are eligible to vote “yes,” regardless of whether they signed the petition.

  • I've heard: Voting “yes” will immediately create additional housing units.

    Fact: There are no approved or pending plans to build or develop additional housing units at this time. The ballot question relates to zoning, not building. To learn more about zoning, click here.

  • I've heard: Voting “yes” is a developer’s dream.

    Fact: The proposed zoning allows the town to remain in control of local development by setting limits on what can be built and where. For example, the zoning includes limits on building height and number of units. Under the proposed zoning, every project that meets the zoning requirements must be reviewed and approved by the Planning Board. Developers must submit site, stormwater, building, landscape, and lighting plans for review at their own expense. Abutters will be notified, and the public will be invited to share feedback during public comment periods.

  • I've heard: This zoning will not improve our environment or dissuade people from using their cars.

    Fact: Sustainable Milton disagrees. The zoning is designed to foster walkable communities, with mixed-use districts (businesses on ground floor and residents above) located along the trolley line and bike path within walking distance of grocery stores, shops, and other amenities. Improved walkability will allow residents to spend less time in their cars.

  • I've heard: Voting “yes” will increase traffic across town.

    Fact: Under the proposed zoning, developers would need to conduct a traffic impact study at their own expense and provide the results to the town Planning Board as part of the permit application process.

  • I've heard: The financial impact of voting “yes” is uncertain because the analysis conducted by RKG Associates did not account for capital or infrastructure costs, such as water and sewer lines, roads, and sidewalks.

    Fact: Developers - not the town - are responsible for capital and infrastructure costs. Consultants from RKG Associates, an economic, planning, and real estate development consulting firm, concluded that the proposed zoning could result in a $1M net gain in annual income to the town.

  • I've heard: Voting “yes” would allow developers to change the physical character of our neighborhoods.

    Fact: The zoning is designed to allow new development that fits into the scale of our neighborhoods and includes extensive, enforceable design standards. These standards are written into the zoning and are more restrictive than those in our current zoning. Some examples of these standards include detailed requirements for site and building design, building height, open space, pedestrian safety, and playgrounds.

  • I've heard: Zoning is the only tool we have to control development.

    Fact: Zoning is not the only way to regulate development. Projects that fall under the jurisdiction of the Conservation Commission or Historic Commission must also be approved by these bodies. Some projects may also require state-level review processes, which are independent of zoning and afford the public additional opportunities to review and share feedback.

  • I've heard: Milton is not a rapid transit community. Voting “no” will give Milton time to request reclassification.

    Fact: As we all know, nothing about the MBTA in recent years has been rapid, but that’s not what’s at stake here. Town officials asked the state to change its classification as a rapid transit community in 2023. The state denied the Town’s request and confirmed that Milton is a rapid transit community. To read the state’s decision, click here.

  • I've heard: More of the zoned unit capacity should be along the Eliot Street transit corridor.

    Fact: The plan considers existing multifamily housing and approved 40B developments across town. Under the proposed zoning, 57% of the zoned capacity is along the transit corridor. It includes existing multi-family developments along a half-mile stretch of Eliot Street including 131 Eliot, 36 Central, 36 and 50 Eliot, and 88 Wharf Street.

  • I’ve heard: We will only lose $35,000 in state grants if we vote “no.”

    Fact: Milton stands to lose $1.7 million in state aid, plus millions more for road improvements and climate change mitigation. Our Town Administrator has provided a detailed summary of the state aid Milton has received that may be at risk if a "no" vote prevails.

  • I've heard: Voting “no” will have no effect on state funding for Milton’s schools, roads, or bridges.

    Fact: That’s not what the Governor said. On December 7, 2023, Governor Healey said “If you don’t comply with the act, then you’re going to see us withholding as a state money for any number of programs that you’re used to receiving money for. That includes for schools, it includes for roads and bridges, it includes for a whole host of things that are important to communities.”

  • I’ve heard: Even if a “no” vote prevails, the Attorney General (AG) wants to work / collaborate with us to help us comply with the law.

    Fact: At the January 23, 2024 Select Board meeting, Town Counsel clarified that the letter the town received from the AG last week was a "diplomatic threat of legal action." While the AG pledges collaboration, she does so assuming the town will make an effort to comply with the law. A “no” vote would not signal an effort to comply.

  • I've heard: Voting “yes” does not address the town’s need for affordable housing because it allows market-rate units.

    Fact: Every major affordable housing organization in the state supports the MBTA Communities Law because it will ease the affordability crisis. Market-rate duplexes and multifamily dwellings offer home buyers a more affordable alternative to single-family homes. In 2023, the average sale price of a two-bedroom, one-bath condo was $550,000, while the average sale price of a single family home in Milton was $1,102,412.

  • I've heard: A “yes” vote will put Milton even further behind its quota for affordable housing units.

    Fact: Under our current zoning, in projects larger than ten units, 10% of units must be income-restricted. Under state guidance, any percentage of affordable units greater than 10% requires an economic feasibility study. The state included this requirement in the law because if the required percentage of affordable units is too high, a project may not be feasible and zero units would be built. Town officials are currently exploring whether the state will grant permission to increase this percentage to the maximum allowable level in the future.

  • I've heard: Voting “no” will give the Planning Board the time it needs to come up with a better plan.

    Fact: The Planning Board has already requested more time from the state. The state denied this request and pointed out that it gave the Town of Milton $100,000 in grant money to hire additional planning support (Utile and MAPC) to help the town create its plan. Using these resources, the town was able to review 30 district options that preserved the existing character of the town and accounted for existing and approved development.

  • I've heard: The plan needs more resident input.

    Fact: The Law that requires Milton to adopt compliant zoning was enacted in January 2021. Since then, the town has held dozens of planning meetings, held multiple public forums, and collected input from hundreds of residents.

  • I've heard: Voting “no” is the only way to change or improve the proposed zoning.

    Fact: As with any bylaw, the proposed zoning can be updated or changed after it is adopted. The Planning Board has the authority to propose new zoning or updates to the zoning and bring it to Town Meeting for approval.

  • I’ve heard: If we vote “no,” better zoning can be brought to the May Town Meeting.

    Fact: Town Counsel issued an opinion that if the proposed zoning is not approved in the upcoming election, the town may be unable to pass similar zoning for a period of two years after the vote.