BOSTON – The Massachusetts Senate passed legislation to address the housing needs of the Commonwealth by updating the state’s zoning laws. The bill, An Act Promoting Housing and Sustainable Development, changes local and state zoning laws to increase housing stock and build communities that will reduce sprawl and eliminate restrictive zoning laws.
Massachusetts currently has some of the highest costs for housing in the country making it harder for families to purchase homes and businesses to create jobs in a region that is affordable for their workers. According to a recent report by the National Low Income Housing Coalition, Massachusetts ranked 7th highest in the cost of housing for minimum wage workers. The report states that a minimum wage worker would have to work an average of 104 hours per week to afford a modest priced two bedroom apartment.
The bill changes the state zoning laws through numerous avenues around multi-family zoning, accessory or in law apartments, impact fees for developers, inclusionary zoning, master plan development, and permitting.
To increase the number of multi-family units in the Commonwealth, the bill requires communities to designate districts for multi-family units and not requiring a special permit. In addition, to help seniors and families with aging parents, the bill allows for accessory apartments, also known as in-law apartments, to be allowed without any special permit up to five percent of the local housing stock.
A recent report by Northeastern University and A Better City estimates that the population of Greater Boston will increase by over 400,000 people by 2030. As a result, highway use will increase by 5% and water usage by 13.5%.
Increasing housing stock and population requires investments in infrastructure born by the city of town including roads, traffic mitigation, and water and sewer infrastructure. This legislation allows for all cities and towns to assess impact fees on developers to help offset the cost of these infrastructure improvements.
The bill also requires cities and town to adopt inclusionary zoning, which requires a percentage of the new housing stock be priced as affordable housing and not market rate housing. Most cities and towns currently have this requirement and this legislation would make it a standard requirement across municipalities.
The bill updates local master plan requirements to ensure they reflect the Commonwealth’s Sustainable Use Development Principles and are tailored to the specific needs of the municipality. It also allows a master plan currently in effect to remain in effect for ten years, at which time it must be updated to conform to the requirements of this act.
The bill extends permitting time for developers from the current maximum of two years to a maximum of three years. This will allow developers additional time to make changes to site plans and shore up financing for their projects.
Finally, the bill allows judges, in cases against developers, to require the plaintiff to acquire a $15,000 bond to pay for any potential legal fees and court costs.
The bill now goes the House of Representatives for consideration.