Budget Amendment ID: FY2027-S4-139

ECO 139

Yes In God's Back Yard

Messrs. Crighton and Cyr moved that the proposed new text be amended by inserting after section X the following section:-

SECTION X.  Chapter 40A of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after section 18 the following section:-

Section 19. (a) As used in this section, the following words shall have the following meanings, unless the context requires otherwise:

“Religious sect or denomination”, an organization organized predominantly for religious purposes that is: (i) recognized by the federal internal revenue service as exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, based on its status as a religious or apostolic association or corporation; (ii) exempt from taxation pursuant to section 5 of chapter 59; and (iii) a religious sect or denomination for purposes of section 3.

“Land owned by a religious sect or denomination”, lot or lots owned by, or held in trust for the use of, a religious sect or denomination on or before a  and for at least 3 years.

(b) No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval for the use of land owned by a religious sect or denomination for multifamily housing.

(c) Multifamily housing shall be allowed as of right on land owned by a religious sect or denomination if it meets the dimensional requirements of this subsection. If the underlying zoning ordinance or by-law permits greater density or height, or lower setbacks, then those requirements shall govern.

(1) Density shall be allowed, subject to section 40 of chapter 131, title 5 of the state environmental code established pursuant to section 13 of chapter 21A, and the state sanitary code, up to the greater of:

(i) 30 units per acre, if the housing includes at least 20 per cent of the units affordable to families and individuals with incomes of not more than 80 per cent of the area median income; or

(ii) more than 30 but no more than 50 units per acre, if  (a) the housing includes either: (i) at least 25 per cent of the units affordable to families and individuals with incomes of not more than 80 per cent of the area median income; or (ii) at least 20 per cent of the units affordable to families and individuals with incomes of not more than 50 per cent of the area median income; or, if (b) the housing is in a seasonal community, at least 20 per cent shall be affordable housing, as defined in section 1 of chapter 60; provided further, that, in said seasonal community, 30 per cent of housing units built under this section shall be used as attainable housing, as defined by the executive office.

(2) Structures on the land owned by a religious sect or denomination may have a height up to the greater of: (i) four full stories; (ii) 45 feet; or (iii) any greater number of stories or building height allowed under the zoning ordinance or by-law for the zoning district in which the land is located.

(3) A maximum side yard setback and rear yard setback of 15 feet shall apply, unless the underlying zoning ordinance or by-law requires a lower setback.

(d) Not more than 1 parking space per unit may be required for multifamily housing developed under this section; provided however no off-street parking spaces shall be required for multifamily housing developed under this section if the multifamily housing is located not more than .5 miles from rapid transit.

(e) Multifamily housing developed under this section shall not be subject to a municipal ordinance, bylaws or regulation that imposes dimensional, density or use restrictions more restrictive than those set forth in this section or more restrictive than those set forth in federal, as applicable, and state water resources regulations and standards established by the department of environmental protection; provided however all such housing shall comply with state regulations or  standards.

(f).  The portion of land owned by a religious sect or denomination on which multifamily housing is built shall not be entitled to an exemption from taxation under section 5 of chapter 59; provided however, that a city or town that accepts this clause may by ordinance or by-law grant an exemption of up to the full amount of the taxable valuation of multifamily housing developed on land owned by a religious sect or denomination under this section; provided further, that any exemptions shall be uniformly applied to all housing built in the city or town under this section. This section shall take effect in any city or town only upon its acceptance by such city or town.

(g) This section shall apply to every city or town; provided however, a city or town that, on all lots in the city or town that are zoned for residential use as of right, (i) permits as of right 3 or more dwelling units on the same parcel or lot in attached, detached or semi-detached arrangements that are designed for residential occupancy by 3 or more households living independently from each other; and (ii) has a minimum lot size for real property classified as Class One, residential of no greater than .5 acres, except when required to maintain compliance with 310 CMR 15.000 of the State Environmental Code., may opt-out.

(h) The executive office of housing and livable communities may promulgate regulations or guidelines as it deems necessary to implement this section.