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HOUSE DOCKET, NO. 3248 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1572
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Andres X. Vargas and Kevin G. Honan
_________________
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 to promote Yes in My Back Yard.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/16/2025Kevin G. Honan17th Suffolk1/16/2025John Francis Moran9th Suffolk2/12/2025Manny Cruz7th Essex2/12/2025Marjorie C. Decker25th Middlesex2/20/2025Samantha Montaño15th Suffolk2/20/2025Christine P. Barber34th Middlesex2/20/2025Mike Connolly26th Middlesex2/20/2025Lindsay N. Sabadosa1st Hampshire3/3/2025Mary S. Keefe15th Worcester3/11/2025Vanna Howard17th Middlesex3/11/2025 1 of 12
HOUSE DOCKET, NO. 3248 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1572
By Representatives Vargas of Haverhill and Honan of Boston, a petition (accompanied by bill,
House, No. 1572) of Andres X. Vargas, Kevin G. Honan and others for legislation to increase
housing development. Housing.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to promote Yes in My Back Yard.
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 1a of Chapter 40A of the General Laws, as so appearing, is
2amended by inserting the following definitions:
3 “Duplex” - two dwelling units on the same parcel or lot in attached, detached, or semi-
4detached arrangements that are designed for residential occupancy by not more than two
5households living independently from each other.
6 “Triplex” - three dwelling units on the same parcel or lot in attached, detached, or semi-
7detached arrangements that are designed for residential occupancy by not more than three
8households living independently from each other.
9 “Quadplex” - four dwelling units on the same parcel or lot in attached, detached, or semi-
10detached arrangements that are designed for residential occupancy by not more than four
11households living independently from each other. 2 of 12
12 “Townhome” - dwelling units that are constructed in a row of two or more attached units
13in which each dwelling unit shares at least one common wall with an adjacent unit and that are
14accessed by separate outdoor entrances
15 Section 1a of Chapter 40A of the General Laws, as so appearing, is amended by striking
16out the definition “multi-family housing” and inserting in place thereof the following definition:
17 “Multi-family housing” - a building with 3 or more residential dwelling units or 2 or
18more buildings on the same lot with more than 1 residential dwelling unit in each building,
19inclusive of but not limited to triplexes, quadplexes, and townhomes.
20 Section 3 of Chapter 40A of the General Laws, as so appearing, is amended by inserting
21the following paragraphs:
22 No zoning ordinance or by-law in an area connected to a municipal or centrally managed
23water and sewer system shall prohibit the use of duplexes, as defined in Section 1a or multi-
24family housing, as defined in Section 1a, containing up to five dwelling units on lots zoned for
25residential use as of right, provided, that the use of land or structures for duplexes and multi-
26family housing containing up to five dwelling units may be subject to reasonable regulations,
27including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review, regulations
28concerning dimensional setbacks and the bulk and height of structures, provided that regulations
29concerning the height of a duplex or multi-family housing does not limit height to less than 2
30stories and provided further that those regulations either individually or cumulatively do not
31render the development of land for duplexes and multi-family housing infeasible, and may be
32subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter
3364G. 3 of 12
34 No zoning ordinance or by-law shall prohibit the use of duplexes, as defined in Section
351a or multi-family housing, as defined in Section 1a, containing up to three dwelling units on lots
36zoned for residential use as of right, provided, that the use of land or structures for duplexes and
37multi-family housing containing up to three dwelling units may be subject to reasonable
38regulations, including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review,
39regulations concerning dimensional setbacks and the bulk and height of structures, provided that
40regulations concerning the height of a duplex or multi-family housing does not limit height to
41less than 2 stories and provided further that those regulations either individually or cumulatively
42do not render the development of land for duplexes and multi-family housing infeasible, and may
43be subject to restrictions and prohibitions on short-term rental, as defined in section 1 of chapter
4464G.
45 The Executive Office of Housing and Livable Communities may develop a model zoning
46code to assist municipalities in the implementation of this paragraph and shall issue guidelines or
47promulgate regulations to administer this paragraph.
48 The effective date of this paragraph shall be 365 days after the effective date of this act.
49 SECTION 2. Section 3 of Chapter 40A of the General Laws, as so appearing, is amended
50by inserting the following paragraphs:
51 No zoning ordinance or by-law shall impose minimum automobile parking requirements
52on new residential developments. The Executive Office of Housing and Livable Communities
53may issue guidelines or promulgate regulations to administer this paragraph.
54 The effective date of this paragraph shall be 365 days after the effective date of this act. 4 of 12
55 SECTION 3. Said section 81L of said chapter 41, as so appearing, is hereby amended by
56inserting the following definition -
57 “Missing-Middle Housing Subdivision” in accordance with section 81HH, the division of
58a lot, tract or parcel of land into 2 or more lots, tracts or parcels where, at the time when it is
59made, every lot within the lot, tract or parcel so divided has frontage on: (i) a public way or a
60way which the clerk of the city or town certifies is maintained and used as a public way; (ii) a
61way shown on a plan approved and endorsed in accordance with the subdivision control law; or
62(iii) a way in existence when the subdivision control law became effective in the city or town in
63which the land lies having, in the opinion of the planning board, sufficient width, suitable grades
64and adequate construction to provide for the needs of vehicular traffic in relation to the proposed
65use of the land abutting thereon or served thereby and for the installation of municipal services to
66serve the land and the buildings erected or to be erected thereon; provided, however, that the
67frontage shall be of at least 20 feet, but with a maximum of 50 feet; and, provided further that the
68maximum lot size for each newly created lot be not greater than 10,000 square feet; and provided
69further that the use of the lots shall be exclusively for residential purposes.
70 Based on this paragraph, the Executive Office of Housing and Livable Communities shall
71be responsible for developing objective and standardized criteria for what constitutes a Missing-
72Middle Housing Subdivision.
73 Said section 81P of said chapter 41, as so appearing, is hereby amended by inserting after
74the last paragraph the following paragraph -
75 Any person wishing to cause to be recorded a plan of land situated in a city or town in
76which the subdivision control law is in effect, who believes that his plan is a Missing-Middle 5 of 12
77Housing Subdivision, may submit his plan to the planning board of such city or town in the
78manner prescribed in section eighty-one T, and, if the board finds that the plan is such a Missing-
79Middle Housing Subdivision, it shall forthwith, without a public hearing, endorse thereon or
80cause to be endorsed thereon by a person authorized by it the words ''approved as a Missing-
81Middle Housing Subdivision'' or words of similar import with appropriate name or names signed
82thereto, and such endorsement shall be conclusive on all persons. Such endorsement shall not be
83withheld unless such plan shows a subdivision. If the board shall determine that in its opinion the
84plan requires approval under the subdivision control law, it shall within twenty-one days of such
85submittal, give written notice of its determination to the clerk of the city or town and the person
86submitting the plan, and such person may submit his plan for approval as provided by law and
87the rules and regulations of the board, or he may appeal from the determination of the board in
88the manner provided in section eighty-one BB. If the board fails to act upon a plan submitted
89under this section or fails to notify the clerk of the city or town and the person submitting the
90plan of its action within twenty-one days after its submission, it shall be deemed to have
91determined that it is a Missing-Middle Housing Subdivision, and it shall forthwith make such
92endorsement on said plan, and on its failure to do so forthwith the city or town clerk shall issue a
93certificate to the same effect. The plan bearing such endorsement or the plan and such certificate,
94as the case may be, shall be delivered by the planning board, or in case of the certificate, by the
95city or town clerk, to the person submitting such plan. The planning board of a city or town
96which has authorized any person, other than a majority of the board, to endorse on a plan the
97approval of the board or to make any other certificate under the subdivision control law, shall
98transmit a written statement to the register of deeds and the recorder of the land court, signed by
99a majority of the board, giving the name of the person so authorized. 6 of 12
100 The endorsement under this section may include a statement of the reason as to why the
101subdivision constitutes a Missing-Middle Housing Subdivision.
102 Said section 81T of said chapter 41, as so appearing, is hereby amended by inserting after
103“approval is not required” in line 2 -
104 Or a Missing-Middle Housing Subdivision
105 Said chapter 41 is hereby further amended by inserting after section 81GG the following
106section:-
107 Section 81HH (a) The purpose of a Missing-Middle Housing Subdivision, as provided for
108in this section, is to encourage and facilitate the development of missing-middle housing,
109including but not limited to duplexes, triplexes, quadplexes, and townhomes, as defined in
110Chapter 40A Section 1a by establishing a standardized and objective process through which a
111property owner can subdivide their property.
112 (b) No application for a Missing-Middle Housing Subdivision shall be: (i) subject to a
113public hearing if every lot within the lot meets the frontage requirements established in
114Section81L; (ii) subject to the requirements of section 81S; (iii) subject to a requirement that
115total travelled lanes’ widths shall be greater than 22 feet; (iv) subject to a procedural or
116substantive requirement more stringent than those specified in this chapter or contained in a city
117or town’s local rules and regulations otherwise applicable to subdivisions; and (v) approved
118ministerially based on a determination by a majority of the planning board that an application
119meets all criteria required by the rules and regulations provided in this chapter and by the
120Executive Office of Housing and Livable Communities. 7 of 12
121 (c) For a Missing-Middle Housing Subdivision on an existing way, the planning board
122shall take final action and file with the city or town clerk a certificate of such action within 60
123days. Failure to take final action and file with the city or town clerk a certificate of such action
124within 60 days shall be deemed an approval of a minor subdivision on an existing way.
125 (d) For a Missing-Middle Housing Subdivision on a new way, the planning board shall
126take final action and file with the city or town clerk a certificate of such final action within 90
127days. Failure to take final action and file such certificate within 90 days shall be deemed an
128approval of a minor subdivision on a new way.
129 The effective date of this section shall be 365 days after the effective date of this act.
130 Section 3 of Chapter 40A of the General Laws, as so appearing, is amended by inserting
131after the last paragraph:
132 No zoning ordinance or by-law shall impose minimum lot size requirements on new
133residential developments. The Executive Office of Housing and Livable Communities may issue
134guidelines or promulgate regulations to administer this paragraph.
135 SECTION 4. Section 1A of Chapter 40A of the General Laws, as so appearing, is
136amended by inserting the following definition:
137 “Bus Station” means a building located at the intersection of two or more bus lines,
138within which services are available to bus passengers; provided that a bus station does not
139include a shelter or other structure without walls and a foundation.
140 Chapter 40A, of the General Laws, as so appearing, is hereby amended by adding the
141following section: 8 of 12
142 Section 18. (a) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as
143of right and with no minimum parking requirements for dwelling units, mixed-use development
144or multifamily housing with a minimum gross density of 15 units per acre, subject to any further
145limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code
146established pursuant to section 13 of chapter 21A, and be located not more than 0.5 miles from a
147commuter rail station, subway station, ferry terminal or bus station, if applicable.
148 (b) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and
149with no minimum parking requirements for dwelling units, multifamily housing with a minimum
150gross density of 15 units per acre, subject to any further limitations imposed by section 40 of
151chapter 131 and title 5 of the state environmental code established pursuant to section 13 of
152chapter 21A, and be located not more than 0.25 miles from an eligible location.
153 (c) Any development permitted pursuant to subsections (a) or (b) which includes ten or
154more residential units shall set aside a minimum of fifteen percent of the residential units to
155households earning at or below 80% of the Area Median Income or a minimum of ten percent of
156the residential units to households earning at or below 50% of the Area Median Income as
157determined by the U.S. Department of Housing and Urban Development.
158 (d) If a municipality fails to adopt new regulations or amend existing regulations to
159comply with the provisions of this section by January 1, 2027, any noncompliant existing
160regulation shall become null and void and such municipality shall approve or deny applications
161in accordance with the requirements for regulations set forth in the provisions of this section
162until such municipality adopts or amends a regulation in compliance with this section. 9 of 12
163 (e) A municipality shall not use or impose standards to discourage through unreasonable
164costs or delays the development of housing described in this section.
165 SECTION 5. The secretary of housing and livable communities, secretary of energy and
166environmental affairs, the secretary of transportation, and the executive director of the
167Massachusetts Development Finance Agency shall jointly submit a report to the joint committee
168on housing identifying greyfields sites across the commonwealth, options for redevelopment or
169reuse that may include housing, public use or facilities, mixed use development, or natural
170restoration and open space, and identify programs within the appropriate state and quasi-public
171agencies that can be used to support communities in repurposing underutilized land.
172 For the purposes of this act, the term greyfields may include, but is not limited to, land
173with development that is outdated, underutilized, failing, or vacant, including commercial,
174residential, and industrial properties. This term may also include land that is owned by the
175commonwealth, its agencies, or its political subdivisions.
176 SECTION 6. Section 34 of Chapter 7C of the General Laws, as so appearing, are hereby
177amended by inserting the following paragraph:
178 (c) Prior to disposition of publicly owned real property of the commonwealth pursuant to
179chapter 7C, the commissioner of capital asset management and maintenance in coordination with
180the secretary of the executive office of housing and economic development shall determine
181whether such real property shall be made available for low or moderate income housing pursuant
182to this chapter. In making such determination the commissioner and the secretary shall take into
183account the following factors: 10 of 12
184 (i) existing zoning that limits the siting of low or moderate income housing in the city or
185town in which the publicly owned real property is located;
186 (ii) financial or other deterrents to the production of low or moderate income housing in
187the city or town in which the real property is located; and
188 (iii) ensuring that real property for disposition under this chapter is fairly made available
189to all regions of the commonwealth, including gateway municipalities, rural areas and suburban
190areas.
191 Upon making the determination that publicly owned real property shall be made available
192for disposition under this chapter, the commissioner and the secretary shall, notwithstanding
193chapter 7C or any other law to the contrary, declare the property available for development of
194low or moderate income housing in accordance with this chapter.
195 SECTION 7. Section 13 of chapter 21A, as so appearing, is hereby amended by striking
196out the first paragraph and inserting in place thereof the following paragraph:
197 A board of health may adopt a local on-site sewage disposal systems regulation, only to
198the extent that it imposes standards or other requirements that are more stringent than or
199otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000,
200and only if, prior to adoption by the board of health, the Department of Environmental Protection
201shall review and approve any such proposed on-site sewage disposal systems regulation based
202upon findings that the proposed regulation has a generally recognized scientific basis, is a
203recommended best practice technique, is necessary to protect unusual local resources that
204warrant special or enhanced protection, and does not conflict with Title 5 of the State
205Environmental Code, 310 CMR 15.000. 11 of 12
206 SECTION 8. Section 17 of chapter 40A is hereby amended by striking in the first
207paragraph the words “may appeal” and replacing them with “may pursuant to G.L. c.423, § 4
208petition for certiorari”; and is further amended by striking the seventh sentence in the second
209paragraph of said section.
210 Section 3A of chapter 184 is hereby amended by striking the first sentence in the fourth
211paragraph and replacing it with:
212 Notwithstanding any other general or special law to the contrary, any action not
213commenced in the permit session, but within the jurisdiction of the permit session as provided in
214this section, either (i) shall be transferred to the permit session if the underlying project or
215development involves 25 or more dwelling units, or (ii) may be transferred to the permit session,
216in either case upon motion by any party to the chief justice of the trial court.
217 SECTION 9. Section 31 of chapter 111 is hereby amended by striking the first paragraph
218and replacing it with:
219 Boards of health may make reasonable health regulations provided that no regulation or
220amendment thereto which relates to the minimum requirements for subsurface disposal of
221sanitary sewage shall exceed the requirements of the state environmental code A summary which
222shall describe the substance of any regulation made by a board of health under this chapter shall
223be published once in a newspaper of general circulation in the city or town, and such publication
224shall be notice to all persons. Whoever, himself or by his servant or agent, or as the servant or
225agent of any other person or any firm or corporation, violates any reasonable health regulation,
226made under authority of this section, for which no penalty by way of fine or imprisonment, or
227both, is provided by law, shall be punished by a fine of not more than one thousand dollars. 12 of 12
228 SECTION 10. Section 40 of chapter 131 is hereby amended by adding the following at
229the end of said section:
230 No city or town may enforce an ordinance or bylaw that exceeds the requirements of this
231section or of regulations promulgated by the department of environmental protection pursuant to
232this section.
233 SECTION 11. Section 3 of Chapter 40A is hereby amended by adding the following
234sentence to the end of the first sentence beginning “No zoning ordinance or by-law shall prohibit,
235unreasonably restrict or require a special permit or other discretionary zoning approval for the
236use of land or structures for a single accessory dwelling unit”:
237 Provided further that no zoning ordinance or by-law may prohibit the use of Accessory
238Dwelling Units as of right on lots where the principal dwelling contains more than one dwelling
239unit
240 SECTION 12. The General Court may adopt the recommendations of the Housing
241Advisory Council established by Executive Order Number 621, issued on October 18th, 2023, to
242establish a Housing Production Plan which identifies existing limitations on the production of
243affordable and market rate housing in each region of the state and develops a comprehensive
244statewide housing plan to guide the production, rehabilitation, preservation, operation, and
245subsidization of housing.