Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H305 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 808 FILED ON: 1/13/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 305
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo J. Puppolo, Jr.
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 improving housing opportunities.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/13/2025 1 of 10
16	16	HOUSE DOCKET, NO. 808 FILED ON: 1/13/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 305
18	18	By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 305) of
19	19	Angelo J. Puppolo, Jr. relative to zoning ordinances and by-laws and improving housing
20	20	opportunities. Community Development and Small Businesses.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act improving housing opportunities.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 9 of chapter 40A, as so appearing, is hereby amended by inserting
30	30	2 after the second paragraph the following paragraph:-
31	31	3 Zoning ordinances or by-laws shall permit multifamily development by right in one or
32	32	4 more zoning districts that together cover not less than 1.5% of the developable land area
33	33	5in a city
34	34	6 or town and which, by virtue of its infrastructure, transportation access, existing
35	35	7underutilized
36	36	8 facilities, and/or location, are suitable for multifamily residential development. Zoning
37	37	9 ordinances or by-laws shall establish a housing density for by-right multifamily
38	38	10development in 2 of 10
39	39	11 such zoning districts of not less than twenty (20) dwelling units per acre. As used herein,
40	40	12 “multifamily housing” means apartment or condominium units in buildings which
41	41	13contain or will
42	42	14 contain more than three (3) such units.
43	43	15 SECTION 2. Section 9 of chapter 40A, as so appearing, is hereby amended by striking
44	44	16 out, in the fifth paragraph, the words “open space residential developments or”.
45	45	17 SECTION 3. Section 9 of chapter 40A, as so appearing, is hereby amended by striking
46	46	18 out the sixth paragraph and inserting in place thereof the following paragraph:-
47	47	19 Notwithstanding any provision of this section to the contrary, zoning ordinances or by-
48	48	20 laws shall provide that open space residential development shall be permitted by right in
49	49	21 residential zoning districts at the density permitted in the zoning district in which the
50	50	22property is
51	51	23 located upon review and approval by a planning board pursuant to the applicable
52	52	24provisions of
53	53	25 sections 81K to 81GG, inclusive, of chapter 41 and in accordance with its rules and
54	54	26regulations
55	55	27 governing subdivision control. Zoning ordinances and by-laws shall not require the
56	56	28submission 3 of 10
57	57	29 of a plan showing a standard subdivision complying with the otherwise applicable
58	58	30requirements
59	59	31 of the ordinance or by-laws as a condition precedent to the approval of an open space
60	60	32residential
61	61	33 development plan.
62	62	34 SECTION 4. Section 81Q of chapter 41, as so appearing, is hereby amended by inserting
63	63	35 after the second sentence the following sentence:-
64	64	36 Such rules shall not require the submission of a plan showing a standard subdivision
65	65	37 complying with the requirements of the local zoning ordinance or by-laws as a condition
66	66	38 precedent to the approval of a plan depicting an open space residential development
67	67	39pursuant to
68	68	40 section 9 of chapter 40A.
69	69	41 SECTION 5. Chapter 40A is hereby amended by inserting after the Section 7 the
70	70	42 following section:-
71	71	43 Section 7A. Site Plan Review
72	72	44 (a) As used in this section, “site plan review” shall mean a separate review under a
73	73	45 municipality’s zoning ordinance or by-law, by the planning board, of a plan showing the 4 of 10
74	74	46 proposed on-site arrangement of, parking, pedestrian and vehicle circulation, utilities,
75	75	47grading
76	76	48 and other site features and improvements existing or to be placed on a parcel of land, in
77	77	49 connection with the proposed use of land or structures. Under site plan review, an
78	78	50applicant
79	79	51 proposing the development or redevelopment of land for a use that is authorized by right
80	80	52under
81	81	53 the local zoning ordinance or by-law presents a plan and other information relevant to the
82	82	54site
83	83	55 design of the proposed development to the planning board, which may take input from
84	84	56municipal
85	85	57 departments and parties in interest. Such review shall take place under this section only
86	86	58where
87	87	59 the proposed use does not require a special permit or variance under the local by-law or
88	88	60 ordinance.
89	89	61 (b) Cities and towns may require such site plan review under a local ordinance or by-law
90	90	62 adopted prior to the effective date of this section, or thereafter under this section. Site
91	91	63plan 5 of 10
92	92	64 review may be required before a building permit is granted for the construction,
93	93	65reconstruction,
94	94	66 or expansion of structures for a use not requiring a special permit or variance, as well as
95	95	67before
96	96	68 the commencement of site development not requiring a building or special permit. The
97	97	69planning
98	98	70 board may adopt, and from time to time amend, rules and regulations to implement the
99	99	71local site
100	100	72 plan review ordinance or by-law, including provisions for the imposition of reasonable
101	101	73fees for
102	102	74 the employment of outside consultants in the same manner as set forth in section 53G of
103	103	75chapter
104	104	76 44.
105	105	77 (c)An ordinance or by-law requiring site plan review, whether adopted under this
106	106	78 section or previously adopted under the municipality’s home rule authority, shall comply
107	107	79with
108	108	80 the provisions of this and all following subsections of Section 7A. The ordinance or by-
109	109	81law shall
110	110	82 establish the submission, review, and approval process for applications, which may
111	111	83include the 6 of 10
112	112	84 requirement of a public hearing held pursuant to the provisions of section eleven of this
113	113	85chapter.
114	114	86 Approval of a site plan shall require a simple majority vote of the planning board and the
115	115	87 planning board’s written decision shall be filed with the city or town clerk within the time
116	116	88limits
117	117	89 prescribed by the ordinance or by-law, not to exceed 90 days from the date of filing of the
118	118	90 application. If no decision is filed within the time limit prescribed, the site plan shall be
119	119	91deemed
120	120	92 constructively approved as provided in section 9, paragraph 11 of this chapter.
121	121	93 (d)The decision of the planning board may require only those conditions that the
122	122	94 applicant has agreed to make or that otherwise are within the planning board’s power
123	123	95under the
124	124	96 applicable ordinance or by-law and is determined by the planning board to be necessary
125	125	97to
126	126	98 ensure substantial compliance of the proposed improvements with the requirements of the
127	127	99zoning
128	128	100 ordinance or by-law or to reasonably mitigate any extraordinary direct adverse impacts of
129	129	101the 7 of 10
130	130	102 proposed improvements on adjacent properties. A site plan application may be denied
131	131	103only on
132	132	104 the grounds that: (i) the proposed site plan cannot be conditioned to meet the
133	133	105requirements set
134	134	106 forth in the zoning ordinance or by-law; (ii) the applicant failed to submit the information
135	135	107and
136	136	108 fees required by the zoning ordinance or by-law necessary for an adequate and timely
137	137	109review of
138	138	110 the design of the proposed land or structures; or (iii) there is no feasible site design
139	139	111change or
140	140	112 condition that would adequately mitigate any extraordinary direct adverse impacts of the
141	141	113 proposed improvements on adjacent properties.
142	142	114 (e) Zoning ordinances or by-laws shall provide that a site plan approval granted under
143	143	115 this section shall lapse within a specified period of time, not less than two years from the
144	144	116date
145	145	117 the planning board files its decision with the city or town clerk, if substantial use or
146	146	118construction,
147	147	119 including substantial investment in site preparation or infrastructure construction, has not
148	148	120yet 8 of 10
149	149	121 begun. The aforesaid minimum period of two years may, by ordinance or by-law, be
150	150	122increased
151	151	123 to a longer period. If an appeal is filed, the commencement of the lapse period shall be
152	152	124measured
153	153	125 from the date of the dismissal of the appeal or entry of final judgment in favor of the
154	154	126applicant.
155	155	127 The period for lapse may be extended for good cause by a majority vote of the planning
156	156	128board.
157	157	129 (f) Site plan review decisions may be appealed under Section 17 in the same manner as a
158	158	130 special permit. A complaint by a plaintiff challenging a site plan approval under this
159	159	131section shall
160	160	132 allege the specific reasons why the planning board exceeded its authority in approving
161	161	133the site
162	162	134 plan and shall allege specific facts establishing how the plaintiff is aggrieved by such
163	163	135decision.
164	164	136 The planning board’s decision in such a case shall be affirmed unless the court concludes
165	165	137that the
166	166	138 decision exceeded the planning board’s authority under subsection (d).
167	167	139 (g) The submission and review process for a site plan submitted in connection with an 9 of 10
168	168	140 application for a use that requires a special permit or use variance shall be in conjunction
169	169	141with
170	170	142 the submission and review of such special permit or variance application in a coordinated
171	171	143 process and shall not be subject to a separate site plan review hearing or process under
172	172	144this
173	173	145 section or any local ordinance or by-law.
174	174	146 (h) In municipalities that adopted a zoning ordinance or by-law requiring some form of
175	175	147 site plan review prior to the effective date of this act, the provisions of this Section 7A
176	176	148shall not
177	177	149 be effective with respect to such zoning ordinance or by-law until one year after the
178	178	150effective
179	179	151 date of this act.
180	180	152 SECTION 6. The twelfth paragraph of Section 9 of chapter 40A, as so appearing, is
181	181	153 hereby amended by deleting the words “a two-thirds vote of boards with more than five
182	182	154 members, a vote of at least four members of a five member board, and a unanimous vote
183	183	155of a
184	184	156 three member board” and inserting in place thereof the following words:-
185	185	157 the concurring vote of a majority of the members then in office.
186	186	158 SECTION 7. The fourth paragraph of Section 15 of chapter 40A, as so appearing, is 10 of 10
187	187	159 hereby amended by deleting the words “all members of the board of appeals consisting of
188	188	160three
189	189	161 members, and a concurring vote of four members of a board consisting of five members”
190	190	162and
191	191	163 inserting in place thereof the following words:-
192	192	164 the concurring vote of a majority of the members of the board of appeals then in office.