H305 — An Act improving housing opportunities

Summary

An Act improving housing opportunities

Bill Text

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The bill modifies zoning regulations to facilitate multifamily housing development and site plan reviews.

• Section 9 of chapter 40A

  Zoning ordinances or by-laws shall permit multifamily development by right in one or more zoning districts that together cover not less than 1.5% of the developable land area in a city or town and which, by virtue of its infrastructure, transportation access, existing underutilized facilities, and/or location, are suitable for multifamily residential development. Zoning ordinances or by-laws shall establish a housing density for by-right multifamily development in such zoning districts of not less than twenty (20) dwelling units per acre. As used herein, “multifamily housing” means apartment or condominium units in buildings which contain or will contain more than three (3) such units.

  This establishes a requirement for zoning ordinances to allow multifamily development in certain districts and sets a minimum density of 20 dwelling units per acre.

• Section 9 of chapter 40A

  open space residential developments or

  This removes any reference to open space residential developments in the fifth paragraph, potentially limiting their previous significance in zoning regulations.

• Section 9 of chapter 40A

  the sixth paragraph → Notwithstanding any provision of this section to the contrary, zoning ordinances or by-laws shall provide that open space residential development shall be permitted by right in residential zoning districts at the density permitted in the zoning district in which the property is located upon review and approval by a planning board pursuant to the applicable provisions of sections 81K to 81GG, inclusive, of chapter 41 and in accordance with its rules and regulations governing subdivision control. Zoning ordinances and by-laws shall not require the submission of a plan showing a standard subdivision complying with the otherwise applicable requirements of the ordinance or by-laws as a condition precedent to the approval of an open space residential development plan.

  This allows open space residential developments to be permitted by right in residential zoning districts without the need for a standard subdivision plan submission.

• Section 81Q of chapter 41

  Such rules shall not require the submission of a plan showing a standard subdivision complying with the requirements of the local zoning ordinance or by-laws as a condition precedent to the approval of a plan depicting an open space residential development pursuant to section 9 of chapter 40A.

  This clarifies that rules for site plan review cannot require a standard subdivision plan for open space residential development approvals.

• Chapter 40A

  Section 7A. Site Plan Review (a) ... decisions may be appealed under Section 17 in the same manner as a special permit...

  This introduces a new section defining the site plan review process, outlining requirements and procedures for municipal planning boards.

• Section 9 of chapter 40A

  a two-thirds vote of boards with more than five members, a vote of at least four members of a five member board, and a unanimous vote of a three member board → the concurring vote of a majority of the members then in office.

  This simplifies the voting requirements for approvals by planning boards and boards of appeals to a majority vote.

• Section 15 of chapter 40A

  all members of the board of appeals consisting of three members, and a concurring vote of four members of a board consisting of five members → the concurring vote of a majority of the members of the board of appeals then in office.

  This change aligns the voting requirements for the board of appeals with that of other boards, making it require just a majority of current members.

Sponsors

• Jr. Angelo J. Puppolo · Primary

Subjects