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HOUSE DOCKET, NO. 3756 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2347
The Commonwealth of Massachusetts
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PRESENTED BY:
Andres X. Vargas and Tara T. Hong
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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 to promote Yes in God's Back Yard.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Andres X. Vargas3rd Essex1/17/2025Tara T. Hong18th Middlesex1/17/2025Vanna Howard17th Middlesex3/11/2025 1 of 4
HOUSE DOCKET, NO. 3756 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2347
By Representatives Vargas of Haverhill and Hong of Lowell, a petition (accompanied by bill,
House, No. 2347) of Andres X. Vargas, Tara T. Hong and Vanna Howard relative to zoning
ordinances and taxation of land owned by religious sects or denominations for multifamily
housing. Municipalities and Regional Government.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to promote Yes in God's 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. Chapter 40A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 3A the following two sections:-
3 Section 3AA. No zoning ordinance or by-law shall prohibit, unreasonably restrict or
4require a special permit or other discretionary zoning approval for the use of land owned by a
5religious sect or denomination for multifamily housing.
6 (a)For the purposes of this section,
7 i. “religious sect or denomination” shall include, without limitation, any
8organization organized predominantly for religious purposes, whether incorporated or
9unincorporated, including without limitation an organization recognized by the Internal Revenue
10Service as exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986,
11as amended, based on its status as a religious or apostolic association or corporation, or an 2 of 4
12organization recognized by the Department of Revenue as a religious organization exempt from
13taxation pursuant to Section 5 of Chapter 59 of the General Laws, as amended, or any other
14organization that would qualify as a religious sect or denomination for purposes of Section 3 of
15Chapter 40A of the General Laws, or any affiliated organization.
16 ii.“land owned by a religious sect or denomination” shall include land, buildings or
17structures owned by or held in trust for the use of a religious sect or denomination for at least
18three (3) years prior to the issuance of a building permit for multifamily housing allowed under
19this section 3AA.
20 (b)Multifamily housing shall be allowed as of right on land owned by a religious sect
21or denomination if it meets the following dimensional requirements (provided, that if greater
22density or height, or lower setbacks, are permitted under the underlying zoning ordinance or by-
23law, the requirements under such zoning ordinance or by-law shall govern):
24 i. Gross density shall be allowed at up to the greater of:
25 a) 30 units per acre if the housing includes at least 20% of the units affordable to
26families and individuals with incomes of not more than 80% of the area median income; or
27 b) More than 30 but no more than 50 units per acre if the housing includes either (A)
28at least 25% of the units affordable to families and individuals with incomes of not more than
2980% of the area median income or (B) at least 20% of the units affordable to families and
30individuals with incomes of not more than 60% of the area median income.
31 ii.Structures on the land may have a height up to the greater of the height of existing
32structures prior to development pursuant to this section, 4 full stories, 45 feet or any greater 3 of 4
33number of stories and/or building height allowed under the zoning ordinance or by-law for the
34zoning district in which the land is located.
35 iii.A minimum of 15 feet of side yard setback and 15 feet of rear yard setback shall
36apply unless the underlying zoning ordinance or by-law requires a lower minimum setback.
37 (c) No off-street parking spaces shall be required for multifamily housing developed
38on land owned by a religious sect or denomination that is located not more than .5 miles from a
39commuter rail station, ferry terminal, or bus station and no more than 1 parking space per unit
40may be required for multifamily housing developed on land that is more than .5 miles from a
41commuter rail station, ferry terminal, or bus station.
42 (d)All multifamily housing developed on land owned by a religious sect or
43denomination under this section shall comply with state water resources regulations and
44standards established by the Department of Environmental Protection.
45 (e) No local occupancy preference shall be permitted in excess of twenty per cent of
46the multifamily housing units developed on land owned by a religious sect or denomination
47under this section. Any local preference shall comply with all applicable federal and state fair
48housing laws, and shall include current residents, employees of the municipality and local
49businesses (including persons hired to work in the municipality) and households with children
50attending the municipality’s schools.
51 (f)Up to 2 housing units or 5% of the total multifamily housing units developed
52under this section, whichever is less, may be set aside for occupancy by employees of the
53religious sect or denomination owning the land. 4 of 4
54 (g)The executive office of housing and livable communities may promulgate
55regulations or guidelines as it deems necessary to further the purposes of this section.
56 (h)Multifamily housing constructed pursuant to this section shall not be subject to
57any municipal ordinances, bylaws or regulations, or other municipal development standards or
58conditions of approval, that exceed applicable requirements of state law or regulation.
59 Section 3BB. A city or town which accepts this section may grant an exemption of up to
60the full amount of the taxable valuation of multifamily housing developed on land owned by a
61religious sect or denomination under Section 3AA of Chapter 40A of the General Laws. The
62city or town that accepts this section shall adopt an ordinance or by-law specifying the method
63for negotiating and approving exemptions under this section. This section shall take effect in any
64city or town only upon its acceptance by such city or town.