Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2061 Compare Versions

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22 HOUSE DOCKET, NO. 3927 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 2061
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Carlos González
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the permitting and construction of accessory dwelling units.
1313 _______________
1414 PETITION OF:
1515 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
1616 HOUSE DOCKET, NO. 3927 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 2061
1818 By Representative González of Springfield, a petition (accompanied by bill, House, No. 2061) of
1919 Carlos González and others relative to the permitting and construction of accessory dwelling
2020 units. Municipalities and Regional Government.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to the permitting and construction of accessory dwelling units.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Section 3 of chapter 40A of the General Laws, is hereby amended by
3030 2adding the following paragraph:-
3131 3 No charter provision, zoning ordinance, by-law or any rule or regulation, in any city or
3232 4town shall prohibit, or require a special permit for, permitting or construction by attaching to,
3333 5constructing within, or constructing upon a single family residence, parcel or lot, that is occupied
3434 6by the owner, an accessory dwelling unit as defined in section 1A.
3535 7 SECTION 2. The fifth paragraph of section 5 of said chapter 40A, is hereby amended by
3636 8striking out clauses (1) and (2) and inserting in place thereof the following 2 clauses:-
3737 9 (1) an amendment to a zoning ordinance or by-law to allow any of the following as of
3838 10right: (a) multifamily housing or mixed-use development in an eligible location; or (b) open-
3939 11space residential development; 2 of 2
4040 12 (2) an amendment to a zoning ordinance or by-law to allow by special permit: (a) multi-
4141 13family housing or mixed-use development in an eligible location; (b) an increase in the
4242 14permissible density of population or intensity of a particular use in a proposed multi-family or
4343 15mixed use development pursuant to section 9; or (c) a diminution in the amount of parking
4444 16required for residential or mixed-use development pursuant to section 9;.