HOUSE DOCKET, NO. 817        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1226

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to zoning density..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 9 of chapter 40A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding after the second paragraph the following new paragraph:—

Notwithstanding any provision of this section to the contrary, a zoning ordinance or by-law may allow, without a special permit, increases in the permissible density or intensity of residential use in a proposed development to the maximum extent stated in the ordinance or by-law, pursuant to provisions that authorize such increases for the purpose of promoting the creation of additional units of affordable housing in mixed income housing developments or mixed-use developments, or for the purpose of promoting other public purposes specifically stated in the zoning ordinance or by-law.