Massachusetts Enacts Significant Zoning Changes as Part of Economic Stimulus Legislation. This is a collection of Massachusetts city and town ordinances or bylaws available online. Widely referenced as merely “40A”. GIS data was recognized as the “official zoning map” for the November 1, 2015 version of the city ordinances. Section 2 Repealed, 1987, 685, Sec. Year after year, the Massachusetts Legislature considers bills to change General Laws Chapter 40A, or the Massachusetts Zoning Act. Employment. Simple Majority Vote for Certain Zoning Amendments and Special Permits. On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the “Act”). However, given that the minimum criteria for MBTA Community zoning districts appear to also satisfy the requirements for being an “eligible location” for multi-family housing or mixed-use development, it is likely that the adoption of such a zoning district will only require a simple majority vote. On January 14, 2021, Governor Charlie Baker signed into law An Act Enabling Partnerships for Growth (the “Act”). The Act only identifies appeals of special permits, variances, and site plans as cases in which courts may require a bond. 774 of the Acts 1969, also known as the Comprehensive Permit Statute, Ch. A reduced parking space to residential unit ratio requirement if the reduction results in the production of additional housing units. Notify Me®. A recent decision of the Massachusetts Appeals Court, Porter v.Board of Appeal of Boston (pdf), addressed the question of standing to appeal a variance granted by the Board of Appeal of Boston (“BOA”). The Comprehensive Permit Act is a Massachusetts law which allows developers of affordable housing to override certain aspects of municipal zoning bylaws and other requirements. Please enter your email address. Even though MBTA Communities are now required to have at least one zoning district satisfying the above requirements, adopting such districts will still require an MBTA Community to formally amend its zoning by-law or ordinance. This advisory summarizes key changes to Massachusetts zoning law. MASSACHUSETTS ZONING LAW _____ A Summary of 2013 Appellate Cases For MCLE Zoning Practice February 11, 2014 Patricia A. Cantor, Esq. Because site plan decisions were not created by statute under Chapter 40A, there has been uncertainty as to whether they are appealable pursuant to Section 17. Every great solution starts with a good conversation. Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. c. 40A, as amended, Section 2A of 1975 Mass. to, the provisions of the Zoning Act, G.L. The changes to Section 17 also instruct the court to consider the relative merits of the appeal and the relative financial means of the plaintiff and the defendant. MGL c. 40A Zoning. MA Affordable Housing Overview MGL 40B “ANTI-SNOB ZONING ACT” The Massachusetts Comprehensive Permit Law M.G.L. Modifications to Chapter 40R Smart Growth Zoning. On January 14, 2021, Massachusetts’ Governor Charlie Baker signed a comprehensive economic development bill H.5250 (the “Act”) which aims to infuse more than $600 million into the pandemic-ravaged Massachusetts economy by supporting businesses, encouraging job growth, and spurring housing development. The Act imposes new multi-family zoning requirements that will impact nearly all communities within the Greater Boston area and eastern Massachusetts. Although the Act continues to allow specific projects within a district to provide housing units restricted exclusively for the occupancy of elderly, disabled, or for assisted living units, the Act now requires the state’s Department of Housing and Community Development (“DHCD”) to adopt regulations limiting the percentage of these units that qualify the municipality for density bonus payments. Enabling law allows local communities to create zoning bylaws and ordinances under their police powers. Section 1A Definitions. other purposes, in accordance with provisions of the Massachusetts Zoning Act, General Laws, Chapter 40A, as amended. PURPOSE AND AUTHORITY 1.1 PURPOSE. No zoning ordinance or by-law or amendment thereto shall be adopted or changed except by a two-thirds vote of all the members of the town council, or of the city council where there is a commission form of government or a single branch, or of each branch where there are two branches, or by a two-thirds vote of a town meeting; provided, however, that if in a city or town with a council of fewer than … This By-Law shall be known and may be cited as the Zoning By-Law of the Town of Hingham and is adopted by virtue of and pursuant to the provisions of Massachusetts General Laws Chapter 40A as amended by Chapter 808 of the Acts of 1975, as amended. the General Laws relating thereto. The Act Enabling Partnerships for Growth that Governor Baker signed (with some specific vetoes) on January 14 has several provisions affecting municipal zoning. Local Zoning – Massachusetts, all zoning is local. After years of trying to make more substantial changes to Massachusetts’ state wide zoning laws, state lawmakers finally made history when Governor Charlie Baker signed into existence the greatest shake up in legislationgreatest shake up in legislation Multi-family housing that is proposed within ½ mile of a commuter rail station, subway station, ferry terminal, or bus station, provided that not less than 10% of the housing is affordable to and occupied by households with annual income less than 80% of Area Median Income and whose affordability is assured by a minimum 30-year affordable housing restriction; Mixed-use development in centers of commercial activity within a municipality, subject to the same affordability requirements referenced above for multi-family housing; or. If there is an account associated with that address, a password reset link will be mailed to you. MGL c. 40B Regional planning. The Act is a comprehensive economic relief and stimulus bill that will affect a multitude of industries across the Commonwealth. In the event a municipality repeals or amends its applicable zoning ordinance so that any smart growth or starter home zoning district is eliminated, such repeal or amendment will not be effective until the municipality returns state incentive payments permitted under Chapter 40R in excess of the number of housing units that have been built or that will remain developable within the applicable district. Dubbed the Housing Choice Initiative, the Act has amended Chapter 40A in the areas described below, … If an MBTA Community fails to comply with this new zoning requirement, the Act imposes significant state funding penalties. If general and zoning bylaws appear separately on … This update is for information purposes only and should not be construed as legal advice on any specific facts or circumstances. c. 40A (the “Zoning Act”), which applies to all other cities and towns in Massachusetts. Multi-Family Zoning by Right in MBTA Communities. Zoning in Boston is governed by c. 665 of the Acts of 1956, as amended (the “Enabling Act”), not by M.G.L. 2. c. 40B §§ 20-23, enacted as Ch. I. Acts 808 and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. The Act authorizes DHCD to impose potential limitations regarding mixed-use developments within a smart growth district or starter home district. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. Section 5 Adoption or change of zoning ordinances or by-laws; procedure. Nutter will continue to follow these developments and others as cities and towns begin to adopt these zoning changes. Under the rules of the Supreme Judicial Court of Massachusetts, this material may be considered as advertising. Section 1 Title of chapter. While the Act does not answer this question definitively, this new language provides some additional support that they may be. 101 Arch Street, 12th Floor Boston, MA 02110-1109 (617) 556-0007 pcantor@k-plaw.com … Section 4 Uniform districts. Learn More Here! The Act does not contain language expressly addressing appeals of comprehensive permits issued under Chapter 40B or appeals of zoning board decisions on appeals from determinations made by the building inspector. The purpose of the Zoning Bylaw is to promote the health, safety, convenience, morals and welfare of the Town of Adams as authorized by the General Laws of the Commonwealth of Massachusetts, Chapter 40A and any amendment. 1200. For those communities that are specifically identified in the MBTA’s enabling legislation in Chapter 161A or have otherwise been designated by the MBTA as an “other served community” (collectively, “MBTA Communities”), such communities must now have a zoning by-law or ordinance that provides for at least one zoning district of reasonable size in which multi-family housing is allowed as of right with no age restrictions and that is suitable for families with children. B. These regulations are enacted to promote the general welfare of the Town of Swansea, to protect the health and safety of its inhabitants, to encourage the most This feature is exclusive to users ofMyLegislature, Copyright © 2021 The General Court of the Commonwealth of Massachusetts, Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences, Adoption or change of zoning ordinances or by-laws; procedure, Existing structures, uses, or permits; certain subdivision plans; application of chapter, Enforcement of zoning regulations; violations; penalties; legally nonconforming structures; notice of action; jurisdiction of superior court, Special permits for adult bookstores, adult motion pictures theaters, adult paraphernalia stores, adult video stores or establishments which display live nudity, Child care facilities; allowable floor area; charges of owner; family incomes, Notice requirements for public hearings; parties in interest defined; review of special permit petitions; recording copies of special permit and variance decisions, Zoning administrators; appointment; powers and duties, Appeals to permit granting authority; notice; time; boards of appeal hearings; procedure, Final unfavorable decisions by permit granting authorities; reconsideration; withdrawal of petitions for variance or applications for special permit. Notably, the Act adds appeals of site plan decisions as decisions that might require a bond. Additionally, within a starter home zoning district, mixed-use developments shall only be permitted if the proposed density achieves a minimum of four units per acre. Zoning ordinances or by-laws may provide that petitions for special permits shall be submitted to and reviewed by one or more of the following and may further provide that such reviews may be held jointly:—the board of health, the planning board or department, the city or town engineer, the conservation commission or any other town agency or board. Recycling & Trash. Though 350 cities and towns in Massachusetts control their own zoning through local ordinance or bylaw (the City of Boston has its own zoning enabling legislation), such local ordinances and bylaws must comply with the state Zoning Act, codified at Massachusetts General Laws Chapter 40A. SECTION 1. Section 6: Existing structures, uses, or permits; certain subdivision plans; application of chapter Section 6. The Act amends Section 17 of Chapter 40A to allow a court to require a plaintiff who appeals a special permit, variance, or site plan to post a surety or cash bond of up to $50,000 to pay costs if the court finds that the harm to the defendant or the public from the delays caused by the appeal outweighs the financial burden to the plaintiff. AUTHORITY. ». This section includes resources to help you understand Boston's Zoning Code, the BPDA's involvement with zoning, and more. Boston's Zoning Code dictates the appropriate heights, densities, and uses allowed in different areas of the City. Zoning Board Comprehensive Permit Rules (PDF) Zoning Board of Appeals Application - Instructions (PDF) Zoning Board of Appeals Application (PDF) Zoning Bylaws (PDF) Online Payments. On December 22, 1975, the Governor signed Chapter 808 of the Acts of 1975, the Zoning Act, which created a new Chapter 40A of the Massachusetts General Laws. The Act changes that required vote from 2/3 to a simple majority for certain zoning amendments and certain special permits. Prior to the Act, all special permits and changes to zoning by-laws or ordinances required a 2/3 vote to be approved. Included within the Act are Governor Baker’s long-awaited Housing Choice legislation and other provisions intended to spur housing development and economic growth. As mentioned above, the adoption of a smart growth zoning district or starter home zoning district by a city or town will now require only a simple majority vote. Permits a city or town to plan jointly with other cities or towns to promote development and prosperity within their area. John J. Goldrosen Kopelman and Paige, P.C. See Emerson College v. City of Boston, 393 Mass. A. M.G.L. Understanding this Year’s Changes to Massachusetts’ Zoning Act. The Act is a comprehensive economic relief and stimulus bill that will affect a multitude of industries across the Commonwealth. Agendas & Minutes. © 2021 Nutter McClennen & Fish LLP. allow as of right or by special permit accessory dwelling units; allow as of right open space residential developments; allow as of right or by special permit multi-family or mixed-use developments at an “eligible location,” which is defined as an area that by virtue of its infrastructure, transportation access, existing underutilized facilities, or location is a highly suitable location for residential or mixed-use smart growth zoning districts or starter home districts, including areas near transit stations such as rapid transit, commuter rail, bus or ferry terminals, or areas of concentrated development such as town and city centers and other existing commercial districts in cities and towns and existing rural village districts; allow by special permit an increase in the permissible density or intensity of use in a multi-family or mixed-use development; allow by special permit a reduction of the required parking for residential or mixed-use developments; allow for natural resource protection zoning or the transfer of development rights if such zoning amendments promote greater concentration of development in areas that the municipality deems most appropriate for such development, but will not result in a diminution in the maximum number of housing units that could be developed within the municipality. DHCD will also have authority to enact regulations to allow extension for good cause of the three-year period for returning such incentive payments in the event construction has not commenced on an approved project during such time period. Title: The Zoning Act - MGL Chapter 40A Author: Massachusetts DHCD Division of Community Services Created Date: 3/26/2008 9:22:23 AM Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. 1. of the Zoning Act, MGL c. 40A, as amended, Section 2A of 1975 Mass. A zoning by-law ordinance may provide that special permits may be granted for reduced parking spaces for a residential development after a finding by the special permit granting authority that the public good would be served and that the area in which the development is located would not suffer a substantial adverse effect from such diminution in parking. Measuring gross density requires including land occupied by public rights-of-way and any recreational, civic, commercial, and other nonresidential uses, and the minimum gross density may be subject to further limitations under the Massachusetts Wetlands Act and Title 5 regulations. The purposes of the By-Law include, but are not limited to, the following: to lessen This voting threshold has proved to be problematic for project proponents and advocates of particular zoning changes, as a special permit or zoning amendment could have the support of a majority of the members of the applicable local governing body but ultimately fail to obtain the 2/3 vote required for approval. • Adoption of Zoning: There is widespread dissatisfaction with the local application of Massachusetts land use laws; yet, any change in local zoning requires a two-thirds super-majority vote, thereby entrenching the status quo. If you have any questions about these new regulations, please do not hesitate to reach out to anyone on the Nutter team. These communities would no longer be eligible for funding from the Governor’s Housing Choice Initiative, the Local Capital Projects Fund, and the MassWorks infrastructure program. Section 3 Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences. It consists of Massachusetts General Laws (M.G.L.) B. 40B or the “Anti-Snob” Zoning Act, encourages the Construction of Affordable Housing using locally granted permits. The Act also provides a different special permit standard for reduction in parking that municipalities may adopt if they choose. Project proponents and other interested parties will need to track local zoning by-law and ordinance amendments to determine if a city or town elects to adopt this alternative special permit standard. Staff Contacts DHCD is also expected to issue regulations implementing some of the Act’s changes to 40R smart growth and starter home zoning districts discussed above. Massachusetts and amendments thereto, herein called the “Zoning Act”. Not Registered? Special Permit Standard for Reduced Parking for Residential Developments. Section 9: Special permits. adopt a smart growth zoning district or starter home zoning district in accordance with Chapter 40R. Many prior changes were fairly minor, but on January 14, 2021, Governor Charlie Baker signed an act making some major changes to the Zoning Act. Chapter 40B, Sections 20 through 23, along with associated regulations issued and administered by the Massachusetts Department of Housing and … Chapter 40A: ZONING. BASIC REQUIREMENTS No parcel of land in any district shall be used for any purpose other than those authorized for the district in which it is located. Massachusetts laws.