1 of 1
HOUSE DOCKET, NO. 2362 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2298
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kristin E. Kassner
_________________
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 facilitating site plan review.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kristin E. Kassner2nd Essex1/16/2025Vanna Howard17th Middlesex3/7/2025 1 of 6
HOUSE DOCKET, NO. 2362 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2298
By Representative Kassner of Hamilton, a petition (accompanied by bill, House, No. 2298) of
Kristin E. Kassner and Vanna Howard relative to site plan zoning review. Municipalities and
Regional Government.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act facilitating site plan review.
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 appearing in the 2024
2Official Edition, is hereby amended by inserting after the definition of “As of right” the
3following definition:-
4 “Bulk and height of structures” shall mean the articulation and roof lines of structures;
5provided, however, that performance standards governing bulk and height of structures may not
6be more restrictive than the dimensional requirements set forth in the ordinance or bylaw, nor
7require specific building materials. Articulation, as used herein, refers to the following strategies
8to address building massing: wall offsets, height variation, wall setbacks, accent lines, stepbacks,
9or such other industry standard types of articulation as may be proposed by the petitioner.
10 SECTION 2. Section 1A of chapter 40A of the General Laws, as appearing in the 2024
11Official Edition, is hereby amended by inserting after the definition of “Permit granting
12authority” the following definition:- 2 of 6
13 "Site plan review" shall mean the review and approval process under a municipality’s
14zoning ordinance or by-law that establishes criteria for the layout, safety, and impacts of a
15proposed use or development, and whether a proposed use of land or structures is in compliance
16with reasonable performance standards as defined in section 7A, provided, however, that site
17plan review, and the performance standards applicable thereto, in connection with any use
18specifically governed by section 3 or any other section of this chapter shall be limited to the
19extent required by the provisions of such section.
20 SECTION 3. Chapter 40A of the General Laws, as appearing in the 2024 Official
21Edition, is hereby amended by adding the following section:–
22 Section 7A. (a) Definitions. As used in this section, the following words shall have the
23following meanings:
24 “Designated authority” shall mean the local municipal board, committee, and/or
25official(s) designated in the zoning ordinance or bylaw to conduct site plan review.
26 “Performance standards” shall mean reasonable municipal zoning regulations, and
27published industry standards and best practices, applicable to site plans and relative to traffic
28circulation and safety, pedestrian safety and access, off-street parking and loading, emergency
29vehicle access, stormwater drainage, screening, bulk and height of structures, exterior lighting,
30and storage or other outdoor service areas.
31 (b) Substantive provisions of site plan review, including content of submittal
32requirements and applicable performance standards, governing site plan review and approval by
33the designated authority or authorities must be as set forth within a local ordinance or by-law
34adopted pursuant to section 5. Performance standards must be reasonably definite and objective 3 of 6
35so that any petitioner has knowledge of such standards prior to application submittal. No zoning
36bylaw or ordinance may include performance standards governing the aesthetics of structures.
37The designated authority may, where such action is in the public interest and not inconsistent
38with the intent and purpose of this section, waive strict compliance with the performance
39standards for site plan review. The designated authority may adopt, and from time to time
40amend, procedural rules and regulations to implement the local site plan review ordinance or by-
41law, including provisions for the imposition of reasonable fees for the employment of outside
42consultants in the same manner as set forth in section 53G of chapter 44.
43 (c) A zoning ordinance or bylaw may establish applicability standards for projects that
44are subject to site plan review, which may include a category of projects that are subject to a
45minor or administrative site plan review process. The zoning ordinance or bylaw may require a
46public hearing in accordance with section eleven for projects that meet or exceed specified
47thresholds under the zoning ordinance or by-law. The decision of the designated authority for a
48use allowed by right, or for a use requiring a special permit but reviewed by a separate
49designated authority, shall require a simple majority vote of the designated authority and shall be
50made within the time limits prescribed by ordinance or by-law, not to exceed 90 days from the
51date of filing of a complete application or such extended time as may be agreed in writing by the
52petitioner. The submission and review process for a site plan required in connection with the
53issuance of a special permit, and subject to review by the same permit granting authority as the
54special permit application, shall be conducted with the review of the special permit application in
55a coordinated process and may require the same quantum of vote required for approval of a
56special permit. The ordinance or by-law may establish the designated authority to be the building
57commissioner, director of planning, or other municipal official who coordinates administrative 4 of 6
58site plan review with other municipal employees, in which instance there shall be no vote
59requirement for site plan review. Any appeal from administrative site plan review shall be in
60accordance with section 17 unless an ordinance or by-law first provides for an appeal to another
61public body of the municipality. In no instance shall the issuance or denial of a building permit
62be a prerequisite to the filing of a civil action under this section.
63 (d) Site plan review may impose only those conditions that are necessary to ensure
64substantial compliance of the proposed use of land or structures with the requirements of the
65zoning ordinance or by-law, provided that no condition may impose restrictions greater than
66those expressly regulated within the zoning ordinance or bylaw and no conditions may be
67imposed regarding matters over which jurisdiction exclusively lies in another body pursuant to
68any general or special law, and further provided that any off-site conditions shall only address
69direct adverse impacts related to performance standards expressly governed by the zoning
70ordinance or bylaw and which conditions are proportionate in both nature and extent to the
71impacts of the project on adjacent properties or adjacent roadways.
72 (e) A site plan application may be denied only on the grounds that: (i) the proposed site
73plan does not meet the specific requirements set forth in the zoning ordinance or by-law; or (ii)
74the petitioner failed to submit the information and fees required by the zoning ordinance or by-
75law necessary for an adequate and timely review of the design of the proposed land or structures.
76 (f) The designated authority shall cause to be made a detailed record of its proceedings,
77indicating the vote of each member upon each question, or if absent or failing to vote, indicating
78such fact, and setting forth clearly the reason for its decision and of its official actions, copies of
79all of which shall be filed within fourteen days in the office of the city or town clerk and shall be 5 of 6
80deemed a public record, and notice of the decision shall be mailed forthwith to the petitioner and,
81if such site plan review required a public hearing pursuant to the zoning ordinance or bylaw, to
82the parties in interest designated in section eleven. Each such notice shall specify that appeals, if
83any, shall be made pursuant to section seventeen and shall be filed within twenty days after the
84date of filing of such notice in the office of the city or town clerk. Failure by the designated
85authority to take final action within said ninety days or extended time, if applicable, shall be
86deemed to be an approval of the site plan. The petitioner who seeks such approval by reason of
87the failure of the designated authority to act within such time prescribed, shall notify the city or
88town clerk, in writing within fourteen days from the expiration of said ninety days or extended
89time, if applicable, of such approval. If site plan review required a public hearing, the petitioner
90shall send such notice to parties in interest designated in section eleven by mail and each such
91notice shall specify that appeals, if any, shall be made pursuant to section seventeen and shall be
92filed within twenty days after the date the city or town clerk received such written notice from
93the petitioner that the designated authority failed to act within the time prescribed. After the
94expiration of twenty days without notice of appeal pursuant to section seventeen, or, if appeal
95has been taken, after receipt of certified records of the court in which such appeal is adjudicated,
96indicating that such approval has become final, the city or town clerk shall issue a certificate
97stating the date of approval, the fact that the designated authority failed to take final action and
98that the approval resulting from such failure has become final, and such certificate shall be
99forwarded to the petitioner.
100 (g) A site plan approval granted under this section shall lapse within a specified period of
101time, not less than three years from the date of the filing of such approval with the city or town
102clerk, if substantial use or construction has not yet begun, except as extended for good cause by 6 of 6
103the designated authority. Such specified period shall not include time required to pursue or await
104the determination of an appeal under section 17 or to pursue or await the appeal of any other
105permit, license, determination or approval which are prerequisites to issuance of a building
106permit. The aforesaid minimum period of three years may, by ordinance or by-law, be increased
107to a longer period.
108 SECTION 4. Sections 1 through 3 shall take effect for all municipalities upon the
109effective date of this act; provided, however, that in municipalities that adopted a zoning
110ordinance or by-law requiring some form of site plan review prior to the effective date of this act,
111the provisions of this section shall not be effective with respect to such zoning ordinance or by-
112law until the date that is one year after the effective date of this act.