Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2280 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3072 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2280
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kevin G. Honan
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 to establish commonsense permitting reforms for businesses and landowners.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/16/2025 1 of 7
16	16	HOUSE DOCKET, NO. 3072 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2280
18	18	By Representative Honan of Boston, a petition (accompanied by bill, House, No. 2280) of Kevin
19	19	G. Honan relative to zoning variances. Municipalities and Regional Government.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 2064 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to establish commonsense permitting reforms for businesses and landowners.
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 9 of chapter 40A, as so appearing, is hereby amended by striking
31	31	2out the first paragraph and inserting in place thereof the following paragraph:-
32	32	3 Zoning ordinances or by-laws shall provide for specific types of uses which shall only be
33	33	4permitted in specified districts upon the issuance of a special permit. Special permits may be
34	34	5issued only for uses which are in harmony with the general purpose and intent of the ordinance
35	35	6or by-law, shall be subject to general or specific provisions set forth therein, and shall run with
36	36	7the land and shall not be personal to the applicant or owner of the property. Such permits may
37	37	8also impose conditions, safeguards and limitations on time or use.
38	38	9 SECTION 2. Section 10 of chapter 40A, as so appearing, is hereby amended by striking
39	39	10out the first paragraph and inserting in place thereof the following paragraphs:- 2 of 7
40	40	11 The permit granting authority shall have the power, after public hearing for which notice
41	41	12has been given by publication and posting as provided in section eleven and by mailing to all
42	42	13parties in interest, to grant a variance from the terms of the applicable zoning ordinance or by-
43	43	14law where such permit granting authority specifically finds that a literal enforcement of the
44	44	15provisions of the ordinance or by-law would result in a practical difficulty. In making its
45	45	16determination, the permit granting authority shall take into consideration the benefit to the
46	46	17applicant if the variance is granted, as weighed against the detriment to the health, safety, and
47	47	18welfare of the neighborhood by such grant. In making such determination, the permit granting
48	48	19authority shall also consider: (1) whether an undesirable change will be produced in the character
49	49	20of the neighborhood or a significant detriment to nearby properties will be created in the granting
50	50	21of the dimensional variance; (2) whether the benefit sought by the applicant can be achieved by
51	51	22some method, feasible for the applicant to pursue, other than a dimensional variance; (3) whether
52	52	23the requested dimensional variance is substantial; (4) whether the proposed variance will have a
53	53	24significant adverse impact on the physical conditions in the neighborhood; and (5) whether the
54	54	25alleged difficulty was self-created, which consideration shall be relevant to the decision of the
55	55	26permit granting authority, but shall not necessarily preclude the granting of the dimensional
56	56	27variance.
57	57	28 Except where local ordinances or by-laws shall expressly permit variances for use, no
58	58	29variance may authorize a use or activity not otherwise permitted in the district in which the land
59	59	30or structure is located; provided, however, that such variances properly granted prior to January
60	60	31first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms
61	61	32and conditions that were in effect for such variance upon said effective date. No variance may
62	62	33authorize a use or activity not otherwise permitted in the district in which the land or structure is 3 of 7
63	63	34located unless the permit granting authority specifically finds that owing to circumstances
64	64	35relating to the soil conditions, shape, or topography of such land or structures and especially
65	65	36affecting such land or structures but not affecting generally the zoning district in which it is
66	66	37located, a literal enforcement of the provisions of the ordinance or by-law would involve
67	67	38substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief
68	68	39may be granted without substantial detriment to the public good and without nullifying or
69	69	40substantially derogating from the intent or purpose of such ordinance or by-law.
70	70	41 SECTION 3. Chapter 40A is hereby amended by inserting after the Section 7 the
71	71	42following section:-
72	72	43 Section 7A. Site Plan Review
73	73	44 (a) As used in this section, “site plan review” shall mean a separate review under a
74	74	45municipality’s zoning ordinance or by-law, by the planning board, of a plan showing the
75	75	46proposed on-site arrangement of, parking, pedestrian and vehicle circulation, utilities, grading
76	76	47and other site features and improvements existing or to be placed on a parcel of land, in
77	77	48connection with the proposed use of land or structures. Under site plan review, an applicant
78	78	49proposing the development or redevelopment of land for a use that is authorized by right under
79	79	50the local zoning ordinance or by-law presents a plan and other information relevant to the site
80	80	51design of the proposed development to the planning board, which may take input from municipal
81	81	52departments and parties in interest. Such review shall take place under this section only where
82	82	53the proposed use does not require a special permit or variance under the local by-law or
83	83	54ordinance. 4 of 7
84	84	55 (b) Cities and towns may require such site plan review under a local ordinance or by-law
85	85	56adopted prior to the effective date of this section, or thereafter under this section. Site plan
86	86	57review may be required before a building permit is granted for the construction, reconstruction,
87	87	58or expansion of structures for a use not requiring a special permit or variance, as well as before
88	88	59the commencement of site development not requiring a building or special permit. The planning
89	89	60board may adopt, and from time to time amend, rules and regulations to implement the local site
90	90	61plan review ordinance or by-law, including provisions for the imposition of reasonable fees for
91	91	62the employment of outside consultants in the same manner as set forth in section 53G of chapter
92	92	6344.
93	93	64 (c) An ordinance or by-law requiring site plan review, whether adopted under this
94	94	65section or previously adopted under the municipality’s home rule authority, shall comply with
95	95	66the provisions of this and all following subsections of Section 7A. The ordinance or by-law shall
96	96	67establish the submission, review, and approval process for applications, which may include the
97	97	68requirement of a public hearing held pursuant to the provisions of section eleven of this chapter.
98	98	69Approval of a site plan shall require a simple majority vote of the planning board and the
99	99	70planning board’s written decision shall be filed with the city or town clerk within the time limits
100	100	71prescribed by the ordinance or by-law, not to exceed 90 days from the date of filing of the
101	101	72application. If no decision is filed within the time limit prescribed, the site plan shall be deemed
102	102	73constructively approved as provided in section 9, paragraph 11 of this chapter.
103	103	74 (d) The decision of the planning board may require only those conditions that the
104	104	75applicant has agreed to make or that otherwise are within the planning board’s power under the
105	105	76applicable ordinance or by-law and is determined by the planning board to be necessary to
106	106	77ensure substantial compliance of the proposed improvements with the requirements of the zoning 5 of 7
107	107	78ordinance or by-law or to reasonably mitigate any extraordinary direct adverse impacts of the
108	108	79proposed improvements on adjacent properties. A site plan application may be denied only on
109	109	80the grounds that: (i) the proposed site plan cannot be conditioned to meet the requirements set
110	110	81forth in the zoning ordinance or by-law; (ii) the applicant failed to submit the information and
111	111	82fees required by the zoning ordinance or by-law necessary for an adequate and timely review of
112	112	83the design of the proposed land or structures; or (iii) there is no feasible site design change or
113	113	84condition that would adequately mitigate any extraordinary direct adverse impacts of the
114	114	85proposed improvements on adjacent properties.
115	115	86 (e) Zoning ordinances or by-laws shall provide that a site plan approval granted under
116	116	87this section shall lapse within a specified period of time, not less than two years from the date
117	117	88the planning board files its decision with the city or town clerk, if substantial use or construction,
118	118	89including substantial investment in site preparation or infrastructure construction, has not yet
119	119	90begun. The aforesaid minimum period of two years may, by ordinance or by-law, be increased
120	120	91to a longer period. If an appeal is filed, the commencement of the lapse period shall be measured
121	121	92from the date of the dismissal of the appeal or entry of final judgment in favor of the applicant.
122	122	93The period for lapse may be extended for good cause by a majority vote of the planning board.
123	123	94 (f) Site plan review decisions may be appealed under Section 17 in the same manner as a
124	124	95special permit. A complaint by a plaintiff challenging a site plan approval under this section shall
125	125	96allege the specific reasons why the planning board exceeded its authority in approving the site
126	126	97plan and shall allege specific facts establishing how the plaintiff is aggrieved by such decision.
127	127	98The planning board’s decision in such a case shall be affirmed unless the court concludes that the
128	128	99decision exceeded the planning board’s authority under subsection (d). 6 of 7
129	129	100 (g) The submission and review process for a site plan submitted in connection with an
130	130	101application for a use that requires a special permit or use variance shall be in conjunction with
131	131	102the submission and review of such special permit or variance application in a coordinated
132	132	103process and shall not be subject to a separate site plan review hearing or process under this
133	133	104section or any local ordinance or by-law.
134	134	105 (h) In municipalities that adopted a zoning ordinance or by-law requiring some form of
135	135	106site plan review prior to the effective date of this act, the provisions of this Section 7A shall not
136	136	107be effective with respect to such zoning ordinance or by-law until one year after the effective
137	137	108date of this act.
138	138	109 SECTION 4. Chapter 40A of the General Laws, as so appearing, is hereby amended by
139	139	110inserting the following section:-
140	140	111 Section 18. Exactions. No decision under this chapter shall be based on the exaction of
141	141	112monetary payment or property from the applicant or landowner unless the decision contains
142	142	113explicit findings of fact and conclusions demonstrating that the exaction so required or requested
143	143	114satisfies federal constitutional requirements.
144	144	115 SECTION 5. Section 81Q of chapter 41, as so appearing, is hereby amended by
145	145	116inserting after the eleventh sentence the following sentence:-
146	146	117 No decision concerning a plan of a subdivision shall be based on the exaction of
147	147	118monetary payment or property from the applicant or landowner unless the decision of the
148	148	119planning board contains explicit findings of fact and conclusions demonstrating that the exaction
149	149	120so required or requested satisfies federal constitutional requirements. 7 of 7
150	150	121 SECTION 6. Section 40 of chapter 131, as so appearing, is hereby amended by striking
151	151	122out the eighteenth paragraph and inserting in place thereof the following paragraph:-
152	152	123 If after said hearing the conservation commission, selectmen or mayor, as the case may
153	153	124be, determine that the area on which the proposed work is to be done is significant to public or
154	154	125private water supply, to the groundwater supply, to flood control, to storm damage prevention, to
155	155	126prevention of pollution, to protection of land containing shellfish, to the protection of wildlife
156	156	127habitat or to the protection of fisheries or to the protection of the riverfront area consistent with
157	157	128the following purposes: to protect the private or public water supply; to protect the ground water;
158	158	129to provide flood control; to prevent storm damage; to prevent pollution; to protect land
159	159	130containing shellfish; to protect wildlife habitat; and to protect the fisheries, such conservation
160	160	131commission, board of selectmen or mayor shall by written order within twenty-one days of such
161	161	132hearing impose such conditions as will contribute to the protection of the interests described
162	162	133herein, and all work shall be done in accordance therewith. No order shall be based on the
163	163	134exaction of monetary payment or property from the applicant or landowner unless the written
164	164	135order contains explicit findings of fact and conclusions demonstrating that the exaction so
165	165	136required or requested satisfies federal constitutional requirements. If the conservation
166	166	137commission, selectmen or mayor, as the case may be, make a determination that the proposed
167	167	138activity does not require the imposition of such conditions, the applicant shall be notified of such
168	168	139determination within twenty-one days after said hearing. Such order or notification shall be
169	169	140signed by the mayor or a majority of the conservation commission or board of selectmen, as the
170	170	141case may be, and a copy thereof shall be sent forthwith to the applicant and to the department.