Amendment ID: S2834-46

Amendment 46

Zoning for Housing Production

Messrs. Cyr and Eldridge move that the proposed new text be amended by adding the following section:-

SECTION XX. Chapter 40A of the General Laws is hereby amendment by inserting after section 3A the following sections:-

"Section 3B. (a) All municipalities within the commonwealth having a population of greater than 2,000 shall have a zoning ordinance or by-law that provides for no less than 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of this section, a district of reasonable size shall have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A.

(b) The executive office of housing and livable communities shall promulgate guidelines assess municipalities’ compliance with this section.

(c) Municipalities may apply to the executive office for a waiver from the requirements of this section. In deciding whether to grant the municipal's request for a waiver, the executive office shall base its decision on whether the municipality’s subsidized housing inventory eligible housing units exceed 10 per cent of its total housing units pursuant to section 20 of chapter 40B of the Generals Laws and 760 CMR 56.00.

(d) A municipality that fails to comply with this section shall not be eligible for funds from: (i) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (ii) the Local Capital Projects Fund established in section 2EEEE of chapter 29; (iii) the MassWorks infrastructure program established in section 63 of chapter 23A, or (iv) the HousingWorks infrastructure program established in section 27 of chapter 23B.

Section 3C. Each municipality in the commonwealth shall enact zoning ordinances and by-laws, subject to the procedure established under section 5 of this chapter, that set forth a minimum lot size for real property classified as Class One, residential of no greater than 1 acre, except when required to maintain compliance with 310 CMR 15.000 of the State Environmental Code."