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