Bill HD.808

HOUSE DOCKET, NO. 808 FILED ON: 1/13/2025

HOUSE . . . . . . . . . . . . . . . No.

[Pin Slip]

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 improving housing opportunities.

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, as so appearing, is hereby amended by inserting

after the second paragraph the following paragraph:-

Zoning ordinances or by-laws shall permit multifamily development by right in one or

more zoning districts that together cover not less than 1.5% of the developable land area in a city

or town and which, by virtue of its infrastructure, transportation access, existing underutilized

facilities, and/or location, are suitable for multifamily residential development. Zoning

ordinances or by-laws shall establish a housing density for by-right multifamily development in

such zoning districts of not less than twenty (20) dwelling units per acre. As used herein,

“multifamily housing” means apartment or condominium units in buildings which contain or will

contain more than three (3) such units.

SECTION 2. Section 9 of chapter 40A, as so appearing, is hereby amended by striking

out, in the fifth paragraph, the words “open space residential developments or”.

SECTION 3. Section 9 of chapter 40A, as so appearing, is hereby amended by striking

out the sixth paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any provision of this section to the contrary, zoning ordinances or by-

laws shall provide that open space residential development shall be permitted by right in

residential zoning districts at the density permitted in the zoning district in which the property is

located upon review and approval by a planning board pursuant to the applicable provisions of

sections 81K to 81GG, inclusive, of chapter 41 and in accordance with its rules and regulations

governing subdivision control. Zoning ordinances and by-laws shall not require the submission

of a plan showing a standard subdivision complying with the otherwise applicable requirements

of the ordinance or by-laws as a condition precedent to the approval of an open space residential

development plan.

SECTION 4. Section 81Q of chapter 41, as so appearing, is hereby amended by inserting

after the second sentence the following sentence:-

Such rules shall not require the submission of a plan showing a standard subdivision

complying with the requirements of the local zoning ordinance or by-laws as a condition

precedent to the approval of a plan depicting an open space residential development pursuant to

section 9 of chapter 40A.

SECTION 5. Chapter 40A is hereby amended by inserting after the Section 7 the

following section:-

Section 7A. Site Plan Review

(a) As used in this section, “site plan review” shall mean a separate review under a

municipality’s zoning ordinance or by-law, by the planning board, of a plan showing the

proposed on-site arrangement of, parking, pedestrian and vehicle circulation, utilities, grading

and other site features and improvements existing or to be placed on a parcel of land, in

connection with the proposed use of land or structures. Under site plan review, an applicant

proposing the development or redevelopment of land for a use that is authorized by right under

the local zoning ordinance or by-law presents a plan and other information relevant to the site

design of the proposed development to the planning board, which may take input from municipal

departments and parties in interest. Such review shall take place under this section only where

the proposed use does not require a special permit or variance under the local by-law or

ordinance.

(b) Cities and towns may require such site plan review under a local ordinance or by-law

adopted prior to the effective date of this section, or thereafter under this section. Site plan

review may be required before a building permit is granted for the construction, reconstruction,

or expansion of structures for a use not requiring a special permit or variance, as well as before

the commencement of site development not requiring a building or special permit. The planning

board may adopt, and from time to time amend, rules and regulations to implement the local site

plan review ordinance or by-law, including provisions for the imposition of reasonable fees for

the employment of outside consultants in the same manner as set forth in section 53G of chapter

44.

(c)An ordinance or by-law requiring site plan review, whether adopted under this

section or previously adopted under the municipality’s home rule authority, shall comply with

the provisions of this and all following subsections of Section 7A. The ordinance or by-law shall

establish the submission, review, and approval process for applications, which may include the

requirement of a public hearing held pursuant to the provisions of section eleven of this chapter.

Approval of a site plan shall require a simple majority vote of the planning board and the

planning board’s written decision shall be filed with the city or town clerk within the time limits

prescribed by the ordinance or by-law, not to exceed 90 days from the date of filing of the

application. If no decision is filed within the time limit prescribed, the site plan shall be deemed

constructively approved as provided in section 9, paragraph 11 of this chapter.

(d)The decision of the planning board may require only those conditions that the

applicant has agreed to make or that otherwise are within the planning board’s power under the

applicable ordinance or by-law and is determined by the planning board to be necessary to

ensure substantial compliance of the proposed improvements with the requirements of the zoning

ordinance or by-law or to reasonably mitigate any extraordinary direct adverse impacts of the

proposed improvements on adjacent properties. A site plan application may be denied only on

the grounds that: (i) the proposed site plan cannot be conditioned to meet the requirements set

forth in the zoning ordinance or by-law; (ii) the applicant failed to submit the information and

fees required by the zoning ordinance or by-law necessary for an adequate and timely review of

the design of the proposed land or structures; or (iii) there is no feasible site design change or

condition that would adequately mitigate any extraordinary direct adverse impacts of the

proposed improvements on adjacent properties.

(e) Zoning ordinances or by-laws shall provide that a site plan approval granted under

this section shall lapse within a specified period of time, not less than two years from the date

the planning board files its decision with the city or town clerk, if substantial use or construction,

including substantial investment in site preparation or infrastructure construction, has not yet

begun. The aforesaid minimum period of two years may, by ordinance or by-law, be increased

to a longer period. If an appeal is filed, the commencement of the lapse period shall be measured

from the date of the dismissal of the appeal or entry of final judgment in favor of the applicant.

The period for lapse may be extended for good cause by a majority vote of the planning board.

(f) Site plan review decisions may be appealed under Section 17 in the same manner as a

special permit. A complaint by a plaintiff challenging a site plan approval under this section shall

allege the specific reasons why the planning board exceeded its authority in approving the site

plan and shall allege specific facts establishing how the plaintiff is aggrieved by such decision.

The planning board’s decision in such a case shall be affirmed unless the court concludes that the

decision exceeded the planning board’s authority under subsection (d).

(g) The submission and review process for a site plan submitted in connection with an

application for a use that requires a special permit or use variance shall be in conjunction with

the submission and review of such special permit or variance application in a coordinated

process and shall not be subject to a separate site plan review hearing or process under this

section or any local ordinance or by-law.

(h) In municipalities that adopted a zoning ordinance or by-law requiring some form of

site plan review prior to the effective date of this act, the provisions of this Section 7A shall not

be effective with respect to such zoning ordinance or by-law until one year after the effective

date of this act.

SECTION 6. The twelfth paragraph of Section 9 of chapter 40A, as so appearing, is

hereby amended by deleting the words “a two-thirds vote of boards with more than five

members, a vote of at least four members of a five member board, and a unanimous vote of a

three member board” and inserting in place thereof the following words:-

the concurring vote of a majority of the members then in office.

SECTION 7. The fourth paragraph of Section 15 of chapter 40A, as so appearing, is

hereby amended by deleting the words “all members of the board of appeals consisting of three

members, and a concurring vote of four members of a board consisting of five members” and

inserting in place thereof the following words:-

the concurring vote of a majority of the members of the board of appeals then in office.

Name:	District/Address:	Date Added:
Angelo J. Puppolo, Jr.	12th Hampden	1/7/2025