{"AmendmentNumber":"372","ParentBillNumber":"S3178","Bill":null,"Sponsor":{"Id":"JAC0","Name":"Julian Cyr","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/JAC0","ResponseDate":"2026-07-23T09:34:50.713"},"Category":null,"Action":"Adopted","RollCall":[],"Title":"Duplex Technical ","Branch":"Senate","RedraftNumber":1,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Mr. Cyr and Ms. Lovely move that the proposed new text be amended by striking section 43 and inserting in place thereof the following section:- \r\nSection 3 of said Chapter 40A, as so appearing, is amended by inserting the following paragraph:-\r\n“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 or structures for a single duplex, or the rental thereof on any lot zoned for residential use upon which a single-family dwelling is permitted, lawfully existing or entitled to protection under section 6, including a pre-existing nonconforming lot; provided, that the use of land or structures for duplexes may be subject to design guidelines and may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq., if applicable, site plan review and regulations concerning dimensional setbacks and the bulk and height of structures and may be subject to restrictions and prohibitions on the operation of short-term rental pursuant to section 14 of chapter 64G and other applicable laws; provided further, that the use of land or structures for a duplex under this paragraph shall not require owner occupancy of either residential dwelling unit; provided further, that regulations concerning the height of a duplex do not limit height to less than 3 stories; provided further, A local regulation, ordinance, or by-law shall not be more restrictive of duplexes than of single-family dwellings, and shall not, individually or cumulatively, render the development of a duplex physically or financially infeasible; and provided further, a local regulation issued by a local board, department, commission or other similar entity that is more restrictive than state minimum requirements shall be presumed unreasonable unless it addresses a legitimate municipal interest that cannot be addressed by less restrictive means.  For the purposes of this paragraph, a duplex shall mean a building with 2 attached residential dwelling units,  neither of which is an accessory dwelling unit. The executive office of housing and livable communities may issue guidelines or promulgate regulations to administer this paragraph.”; and,\r\nBy inserting after section 43 the following section:-\r\nSECTION 43A. Section 3 of said chapter 40A, as so appearing, is hereby amended by striking out, in lines 141 and 156, the words “, in a single-family residential zoning district”\r\n"}