Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S903 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 45 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 903
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act streamlining housing permitting.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 3
16	16	SENATE DOCKET, NO. 45 FILED ON: 1/10/2023
17	17	SENATE . . . . . . . . . . . . . . No. 903
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 903) of Bruce E. Tarr for legislation to
19	19	streamline housing permitting. Housing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 818 OF 2019-2020.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act streamlining housing permitting.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 2 of chapter 43D of the General Laws, as appearing in the 2020
31	31	2Official Edition, is hereby amended by inserting after the word “selectmen.”, in line 5, the
32	32	3following words:-
33	33	4 “Housing Priority Zone”, a privately or publicly owned property, a zoning district or a
34	34	5zoning overlay district zoned and designated for the development or redevelopment of housing
35	35	6which:
36	36	7 1. Exceeds the allowable unit density by a minimum of 50 percent greater than the
37	37	8density allowed prior to designation as a priority zone, and shall in no case have a lot size greater
38	38	9than ½ acre; 2 of 3
39	39	10 2. Includes a minimum of 40% of its units as affordable housing, as defined in Section 2
40	40	11of chapter 40R;
41	41	12 3. May incorporate the use of zoning methods known as cluster development, as defined
42	42	13in section 9 of chapter 40A of the General Laws, or open space residential design; and
43	43	14 4. Is designated a priority development site by the board, in consultation with the
44	44	15Department of Housing and Community Development.
45	45	16 SECTION 2. Chapter 43D, as so appearing, is hereby further amended by inserting after
46	46	17section 16 the following sections:-
47	47	18 Section 17. For the purposes of determining consistency with the definition of “consistent
48	48	19with local needs” contained in section 20 of chapter 40B of the General Laws, a housing unit
49	49	20developed in a housing priority zone shall be credited at the rate of 1.75 units upon the issuance
50	50	21of a building permit.
51	51	22 Section 18. Any individual or family residing in affordable housing within a housing
52	52	23priority zone shall report to the local administrative office responsible for housing development
53	53	24and administration not less than once every three years to certify that the property has not been
54	54	25sold or otherwise transferred to an individual or family who exceeds the income limits of the
55	55	26affordable housing program. If said property is sold or otherwise transferred to an individual or
56	56	27family who do not exceed the income limits, then the reporting responsibility shall devolve to the
57	57	28new owner or owners of the property.
58	58	29 Section 19. Notwithstanding any general or special law to the contrary, the real estate tax
59	59	30assessed to a property designated as a priority development site shall be on a pro rata basis to the 3 of 3
60	60	31days remaining in the fiscal year from the date of the issue of the temporary or permanent
61	61	32occupancy permit to the end of the fiscal year.