Massachusetts 2023 2023-2024 Regular Session

Massachusetts House Bill H2061 Introduced / Bill

Filed 02/16/2023

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HOUSE DOCKET, NO. 3927       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2061
The Commonwealth of Massachusetts
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PRESENTED BY:
Carlos González
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the permitting and construction of accessory dwelling units.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Carlos González10th Hampden1/18/2023Bud L. Williams11th Hampden1/20/2023Carol A. Doherty3rd Bristol1/31/2023Patrick Joseph Kearney4th Plymouth2/16/2023James C. Arena-DeRosa8th Middlesex2/22/2023Samantha Montaño15th Suffolk2/22/2023Susan Williams Gifford2nd Plymouth2/23/2023Joseph D. McKenna18th Worcester2/23/2023Steven S. Howitt4th Bristol2/23/2023Aaron L. Saunders7th Hampden2/27/2023 1 of 2
HOUSE DOCKET, NO. 3927       FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2061
By Representative González of Springfield, a petition (accompanied by bill, House, No. 2061) of 
Carlos González and others relative to the permitting and construction of accessory dwelling 
units. Municipalities and Regional Government.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the permitting and construction of accessory dwelling units.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 3 of chapter 40A of the General Laws, is hereby amended by 
2adding the following paragraph:- 
3 No charter provision, zoning ordinance, by-law or any rule or regulation, in any city or 
4town shall prohibit, or require a special permit for, permitting or construction by attaching to, 
5constructing within, or constructing upon a single family residence, parcel or lot, that is occupied 
6by the owner, an accessory dwelling unit as defined in section 1A. 
7 SECTION 2. The fifth paragraph of section 5 of said chapter 40A, is hereby amended by 
8striking out clauses (1) and (2) and inserting in place thereof the following 2 clauses:- 
9 (1) an amendment to a zoning ordinance or by-law to allow any of the following as of 
10right: (a) multifamily housing or mixed-use development in an eligible location; or (b) open-
11space residential development;  2 of 2
12 (2) an amendment to a zoning ordinance or by-law to allow by special permit: (a) multi-
13family housing or mixed-use development in an eligible location; (b) an increase in the 
14permissible density of population or intensity of a particular use in a proposed multi-family or 
15mixed use development pursuant to section 9; or (c) a diminution in the amount of parking 
16required for residential or mixed-use development pursuant to section 9;.