H 5250 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
H 5250	MA	2021	D	Affordable housing incentives and financing, Appeals, By-right zoning, Commercial land, Density bonus, Density Increases, Enforcement, Funding, Lands near transit, Planning for climate adaptation and hazards, Technical assistance, Vacant or blighted lands

Provided by Furman

Summary

Section 18 revises Chapter 40A of the General Laws and requires that communities serviced by the Massachusetts Bay Transportation Authority (MBTA) provide a zoning district “of reasonable size” in which multi-family housing is permitted as-of-right, is not reserved for elderly residents, and is suitable for families with children. Municipalities that do not comply with the requirement will not be eligible for certain state funds. The zoning district shall: Have a minimum gross density of 15 units per acre, and be located no more than 0.5 miles from a transit station, if there is one in the municipality.

Section 19 revises Chapter 40A, Section 5 of the General Laws to allow approval by a simple majority vote of the municipal governing body or town meeting (rather than a ⅔ vote) for the following types of changes:

Amendments to zoning ordinances or by-laws to allow, as of right, multi-family or mixed-use development, ADUs, or open-space residential development.

Amendments to zoning ordinances or by-laws to allow, by special permit, multi-family housing or mixed-use development; an increase in the permissible density of population or intensity of a particular use in a proposed multi-family or mixed use development; ADUs in a detached structure on the same lot; or a reduction in the amount of parking required for residential or mixed-use development.

Zoning ordinances, by-laws, or amendments that either provide for transfer of development rights (TDR) zoning or natural resource protection zoning in certain instances that will not result in reducing the maximum number of housing units that could be developed within the municipality or that modify building regulations to allow for additional housing units beyond what would otherwise be permitted.

Adoption of a smart growth zoning district or starter home zoning district in accordance with section 3 of chapter 40R.

Section 25 amends Chapter 40A, Section 17 of the General Laws to enable the court to require a plaintiff appealing a special permit, variance, or site plan to post a surety or cash bond of no more than $50,000.

Section 100 provides that the executive office of housing and economic development, with consultation from other departments, shall assist local officials in determining the appropriate vote threshold for zoning amendments. The secretary of housing and economic development will report annually on the activities and status of the Housing Choice Initiative.

A competitive grant or other financial assistance program to support economic development, job creation, and housing and climate resilience initiatives.

A program to support projects that will rehabilitate or redevelop blighted, abandoned, vacant, or underutilized properties.

Grants and technical assistance for municipalities and regional applicants to support planning and other local community development initiatives.

$50M for grants and loans to support the creation of low-income and moderate-income housing in close proximity to transit.

$10M for financial assistance to create and preserve sustainable and climate resilient affordable multifamily housing.

Funds for a gateway city housing pilot program to support the construction of market-rate housing in gateway municipalities, as defined in section 3A of chapter 23A of the General Laws.

Provided by lawmakers