An Act to promote Yes in My Back Yard
By Mr. Crighton, a petition (accompanied by bill, Senate, No. 962) of Brendan P. Crighton, Manny Cruz, Mike Connolly, Sal N. DiDomenico and others for legislation to promote Yes in My Back Yard. Housing.
Section 1: Establishes definitions for “duplex”, “triplex”, “quadplex”, and “townhome” within MGL chapter governing zoning. Revises definition of “multi-family housing” to explicitly include previously established definitions.
Prohibits municipalities from passing ordinances or by-laws against the use of duplexes in areas connected to water or sewage systems which are zoned for residential use by right. Municipalities may regulate said duplexes, provided that duplexes are not limited to less than two stories, and do not render development of land for duplexes or multifamily housing unfeasible.
Prohibits municipalities from passing ordinances or by-laws against the use of duplexes containing up to three dwellings on land zoned for residential use by right. Municipalities may regulate said duplexes, provided that duplexes are not limited to less than two stories, and do not render development of land for duplexes or multifamily housing unfeasible. Duplexes by right.
EOHLC may develop a model zoning code to assist municipalities in implementing this, and may create guidelines or regulations to administer this requirement.
Section 2: Prohibits municipalities from passing ordinances or by-laws to impose parking minimums on new residential developments. EOHLC may develop guidelines or regulations to administer this requirement.
Section 3: Establishes definition for “missing-middle housing subdivision” as the division of an existing zoned lot into two or more lots where each newly subdivided lot has frontage on a public way, a way shown on a plan approved with the subdivision control law, or a way in existence when the subdivision control law became effective with the sufficient width, grades, and construction to provide for the needs of vehicular traffic. Requires frontage to be between 20-50 feet and lot size to be less than 10,000 square feet. Requires lots to be zoned exclusively for residential uses. EOHLC shall develop standardized criteria for what constitutes a Missing-Middle Housing Subdivision.
Amends MGL section governing exceptions to the subdivision control law to allow individuals to submit a property plan to the local planning board and have their plan designated as a “missing-middle housing subdivision” if it meets the definition. If the planning board determines that the plan is subject to the subdivision control law, notice shall be provided to the person submitting the plan, and they may move for approval or appeal the decision. Inaction results in the designation of the plan as a “missing-middle housing subdivision”.
Amends MGL section governing notice of submission of a zoning plan to include “missing-middle housing subdivision”.
Establishes new section under MGL chapter 41. Clarifies that the “missing-middle housing subdivision” process aims to promote the development of duplexes, triplexes, quadplexes, and townhomes through a standardized process for subdividing property. Exempts “missing-middle housing subdivision” from certain procedural requirements that may make building multifamily housing more difficult. Requires that for a “missing-middle housing subdivision” on an existing way, the planning board shall take final action and file a certificate with the municipal clerk within 60 days, with failure to do so constituting an approval. Requires that for a “missing-middle housing subdivision” on a new way, the planning board shall take final action and file a certificate with the municipal clerk within 90 days, with failure to do so constituting an approval.
Prohibits municipalities from passing ordinances or by-laws imposing minimum lot sizes on new residential developments. EOHLC may develop guidelines or regulations to administer this requirement.
Section 4: Establishes definitions for “bus station” as a building located at the intersection of two or more bus lines.
Establishes new section under MGL chapter 40A which governs zoning. Establishes the building of mixed-use development or multifamily housing without parking minimums by right, provided that developments meet a certain minimum housing density requirement, and that such a development is build less than half a mile from a public transit station. Establishes the building of multifamily housing without parking minimums by right, provided that developments meet a certain minimum housing density requirement, and that such a development is build less than a quarter mile from a public transit station. Requires that any housing developed pursuant to this section with more than 10 residential units shall set aside 15% of units for families making below 80% AMI, or 10% for families making below 50% AMI. Requires that municipalities amend ordinances or by-laws to comply by 2027, or all noncompliant regulations shall become null and void. Prohibits municipalities from imposing standards to discourage new housing developments through delays or prohibitive costs.
Section 5: Requires the secretaries of EOHLC, EOEEA, MassDOT, and the executive director of MDFA to write a report for the Committee on Housing on greyfields (underutilized, outdated, or vacant properties) in Massachusetts and options to redevelop these areas with housing, public use or facilities, mixed use development, or natural restoration and open space using state and quasi-state resources.
Section 6: Amends section of MGL sale of real properties to mandate that before the sale of public real property, the commissioner of DCAMM, in coordination with the secretary of EOHLC shall determine whether sch property should be made available for the production of low or middle income housing. The determination may take into account existing zoning that limits the siting of low or moderate income housing in the municipality, financial or other deterrents to the production of low or moderate income housing, and ensuring that real property for sale is made available to all regions of the commonwealth.
Section 7: Amends section of MGL that governs environmental regulations regarding sewage disposal. Removes power of the DEP commissioner to issue such regulations, and gives said power to local boards of health. Such regulations may only be made if they are more stringent than existing state environmental codes, and if, ahead of adoption, DEP determines using a generally recognized scientific basis, that the proposed regulations are necessary to protect unusual local resources that warrant special or enhanced protection.
Section 8: Clarifies that appeals made to land court against a particular zoning decision must appeal on the basis of G.L. c.423, § 4 petition for certiorari. Removes requirement of land court to annul decision of a board of appeals or special permit granting authority if a zoning decision is found to exceed the bounds of their authority.
Replaces sentence in section 3A of chapter 184 with a sentence regarding actions taken in a permit session.
Section 9: Revises MGL language governing board of health regulation of subsurface sewage systems to clarify that new requirements cannot be stricter than those of the state environmental code. Streamlines public awareness process for changes in regulation.
Section 10: Prohibits municipalities from enforcing ordinances on development near bodies of water that are stricter than specified in MGL or by regulations promulgated by DEP.
Section 11: Prohibits municipalities from passing ordinances or by-laws preventing the use of ADU’s on lots where the principal dwelling contains more than one dwelling unit.
Section 12: Directs the Housing Advisory Council to offer recommendations to the General Court on removing limitations to the production of affordable housing, and developing a comprehensive statewide housing plan.
* The bill summary was created by the Primary Sponsor of the bill; no committee of the General Court certifies the accuracy of its contents.
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