Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2350 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. 2582 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2350
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David T. Vieira
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 facilitating site plan review.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David T. Vieira3rd Barnstable1/16/2025 1 of 4
16	16	HOUSE DOCKET, NO. 2582 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2350
18	18	By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 2350) of
19	19	David T. Vieira relative to site plan zoning review. Municipalities and Regional Government.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act facilitating site plan review.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 40A of the General Laws, as appearing in the 2022 Official
29	29	2Edition, is hereby amended by adding the following section:–
30	30	3 Section 7A
31	31	4 (a) As used in this section, "site plan review" shall mean review and approval under a
32	32	5municipality’s zoning ordinance or by-law, by an authority other than the zoning administrator,
33	33	6of a proposed use of land or structures to determine whether a proposed use of land or structures
34	34	7is in compliance with sound site utilization principles relative to traffic circulation and safety,
35	35	8pedestrian safety and access, off-street parking and loading, emergency vehicle access, storm
36	36	9water drainage, screening, signage and exterior lighting, visual impact of parking, storage or
37	37	10other outdoor service areas, and consistency with character and scale of surrounding buildings.
38	38	11 (b) In addition to the home rule authority of cities and towns to require site plan review, a
39	39	12municipality may adopt a local ordinance or by-law under this section requiring site plan review 2 of 4
40	40	13and approval by a designated authority before a building permit is granted for the use of land or
41	41	14structures governed by a zoning ordinance or by-law. The approving authority may adopt, and
42	42	15from time to time amend, rules and regulations to implement the local site plan review ordinance
43	43	16or by-law, including provisions for the imposition of reasonable fees for the employment of
44	44	17outside consultants in the same manner as set forth in section 53G of chapter 44.
45	45	18 (c) An ordinance or by-law requiring site plan review, whether adopted under this section
46	46	19or under the municipality’s home rule authority, shall comply with the provisions of this and all
47	47	20following subsections of section 7A. The ordinance or by-law shall establish the submission,
48	48	21review, and approval process for applications. Approval of a site plan for a use allowed by right
49	49	22shall require a simple majority vote of the designated authority and shall be made within the time
50	50	23limits prescribed by ordinance or by-law, not to exceed 90 days from the date of filing of the
51	51	24application. If no decision is issued within the time limit prescribed, the site plan shall be deemed
52	52	25constructively approved as provided in section 9, paragraph 11 of this chapter. The submission
53	53	26and review process for a site plan required in connection with the issuance of a special permit or
54	54	27variance shall be conducted with the review of the application for the special permit or variance
55	55	28in a coordinated process and shall require the same quantum of vote required for approval of a
56	56	29special permit or a variance.
57	57	30 (d) Site plan review for a use allowed by right may impose only those conditions that are
58	58	31necessary to ensure substantial compliance of the proposed use of land or structures with the
59	59	32other requirements of the zoning ordinance or by-law provided, however, that any off-site
60	60	33conditions shall address solely any extraordinary direct adverse impacts of the project on
61	61	34adjacent properties or adjacent roadways. A site plan application for a use allowed by right may
62	62	35be denied only on the grounds that: (i) the proposed use of land or structures project does not 3 of 4
63	63	36meet the requirements set forth in the zoning ordinance or by-law; (ii) the applicant failed to
64	64	37submit the information and fees required by the zoning ordinance or by-law necessary for an
65	65	38adequate and timely review of the design of the proposed land or structures; or (iii) it is not
66	66	39feasible to adequately mitigate any extraordinary direct adverse project impacts on adjacent
67	67	40properties or adjacent roadways by means of suitable site design conditions.
68	68	41 (e) Zoning ordinances or by-laws shall provide that a site plan approval granted under
69	69	42this section shall lapse within a specified period of time, not less than three years from the date
70	70	43of the filing of such approval with the city or town clerk, if substantial use or construction has
71	71	44not yet begun, except as extended for good cause by the approving authority. Such specified
72	72	45period shall not include time required to pursue or await the determination of an appeal under
73	73	46subsection (f) or section 17 or to pursue or await the appeal of any other permit, license,
74	74	47determination or approval. The aforesaid minimum period of three years may, by ordinance or
75	75	48by-law, be increased to a longer period.
76	76	49 (f) Except where site plan review is required in connection with the issuance of a special
77	77	50permit or variance, decisions made under site plan review, whether made pursuant to statutory or
78	78	51home rule authority, may be appealed by a civil action in the nature of certiorari pursuant to
79	79	52section 4 of chapter 249, and not otherwise. Such civil action may be brought by a person
80	80	53aggrieved by the decision in the superior court for the county where the land is located or in the
81	81	54land court within twenty days after the filing of the decision of the site plan review approving
82	82	55authority with the city or town clerk. The issuance or denial of a building permit shall not be a
83	83	56prerequisite to the filing of such civil action under this section. All issues in any proceeding
84	84	57under this section shall have precedence over all other civil actions and proceedings. A
85	85	58complaint by a plaintiff challenging a site plan approval under this section shall allege the 4 of 4
86	86	59specific reasons why the project fails to satisfy the requirements of this section, the zoning
87	87	60ordinance or by-law, or other applicable law and shall allege specific facts establishing how the
88	88	61plaintiff is aggrieved by such decision. The approving authority’s decision in such a case shall be
89	89	62affirmed unless the court concludes that the approving authority abused its discretion under
90	90	63subsection (d) in approving the project.
91	91	64 (g) In municipalities that adopted a zoning ordinance or by-law requiring some form of
92	92	65site plan review prior to the effective date of this act, the provisions of this section shall not be
93	93	66effective with respect to such zoning ordinance or by-law until the date one year after the
94	94	67effective date of this act.