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HOUSE DOCKET, NO. 2095        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2121


The Commonwealth of Massachusetts



Bradley H. Jones, Jr.


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing limited rate of growth controls and to promote housing production.






Bradley H. Jones, Jr.

20th Middlesex

Donald F. Humason, Jr.

4th Hampden

F. Jay Barrows

1st Bristol

Susan Williams Gifford

2nd Plymouth

Donald H. Wong

9th Essex

Sheila C. Harrington

1st Middlesex

Steven L. Levy

4th Middlesex

Paul K. Frost

7th Worcester

George N. Peterson, Jr.

9th Worcester

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

HOUSE DOCKET, NO. 2095        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2121

By Mr. Jones of North Reading, a petition (accompanied by bill, House, No. 2121) of Bradley H. Jones, Jr. and others for legislation to further regulate certain restrictions on housing development or building permits under zoning ordinances in cities and towns.  Housing. 


SEE HOUSE, NO. 1227 OF 2009-2010.]


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



An Act authorizing limited rate of growth controls and to promote housing production.


              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 3 chapter 40A of the General Laws, as appearing in the 2008 Official Edition, most recently amended by chapter 240 of the Acts of 2010, is hereby amended by adding at the end thereof the following:-- 

              No zoning ordinance or by-law adopted after January 1, 2012 shall regulate or restrict the rate of development or number of building permits or special permits or other forms of zoning or subdivision approval that may be issued by a municipality within a defined time period, unless the limitations placed on development are, in both their nature and extent, a reasonable response to specific tangible concerns identified in the zoning ordinance or by-law, and the zoning ordinance or by-law establishes a reasonable deadline for completing and implementing a strategic plan to address the specific identified concerns. No such rate of growth regulation or restriction or extension thereof shall be in place for longer than one year unless extended by a vote of a town meeting or a city council following receipt of a report and recommendation by the planning board based upon evidence substantiating the need for an extension of the temporary ordinance or by-law for one additional year.

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