Production and Preservation Policy Priority Document
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Issue AreaDescriptionTopics (Legislation/Budget/Executive Advocacy?)Background InformationCommittee Priority
(Lead/Support?)
Action Items/TasksTimelineCommentsPrevious Legislation Filed?Potential Research Items to Support AdvocacyOrganization/Member - Subject Matter ExpertsOrganizations/Members willing to be involved
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Multi-family Zoning MandateAll cities and towns within a certain amount of time shall designate a zone where multi-family can be built as-of-right. Density requirement differs based on size of municipality. Also provides opportunity for cities and towns to be exempt if they can show an existing zone or there is no market for such housing.LegislationBeen part of the CHAPA agenda previous two sessions. Passed by Senate in 2016. There have been different versions of the multifamly mandate.LeadCHAPA housing production bills
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Multi-family Zoning around TransitSimilar to a multi-family mandate, but requires multi-family as of right close to transit in MBTA communities. Could provide exemption for communties that already allow a certain level of density (e.g. to protect against displacement). Could also provide exemption for land that is in a designated opportunity zone.LegislationPotential alternative to multifamily mandate for every communityLead
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ProuductionMulti-family zoningReasonable and Realilistic LangaugeZoning ordinances and by-laws shall provide reasonable and realistic opportunities for the development of multi-family housing (i) in eligible locations and (ii) that meets a reasonable share of the regional need for multi-family housing, including the need for multi-family housing without age restrictions and which is suitable for families with children.H.2420, Great Neighborhoods Bill
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Accessory Dwelling UnitsCreate standards in 40A that guide how/when ADUs can be built as of right. Issues that would need to be addressed include, size, parking, must be within envelope of building, primary residence requirement.LegislationProduction Bill, H.673
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Accessory Dwelling Units

Special Permit
There is no definitoin for ADU in the MA Zoning Act (40A)Accessory Dwelling Units by Special PermitOutline minimum standards for ADUs by special permit in 40A. Issues that would need to be addressed include, size, parking, must be within envelope of building primary residence requirement.Housing Choice Bill.
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Accessory Dwelling UnitsThere is no definitoin for ADU in the MA Zoning Act (40A)As of right in single family residential zonesNo zoning ordinance or by-law shall unreasonably regulate the location, dimensions, or design of an accessory dwelling unit on a lot zoned for single family use. ADU is defined as a self-contained housing unit incorporated within a single-family dwelling or detached accessory structure that is clearly subordinate to the single-family dwelling and complies with the use, dimensional, and design requirements of the local zoning ordinance or by-law.H.668. Redrafted and combined with "Senate Zoning Reform" language in H.3844.
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Voting ThresholdZoning changs require a 2/3 super majority. various bills, including the Housing Choice legislation filed by Governor Baker, propsed lowering the threshold to a simple majority.Zoning ChangesAllow the following uses As-of-right: "smart growth" multifamily zoning; ADU; cluster development

Allow the following uses by special permit: "smart growth" multi-family or mixed use development; increased density; parking reductions.

Allow: Transfer of Development Rights; modify regulatons to allow for additoinal housing units beyond what would otherwise be permitted.

Adopt: 40R district.
Cannot combine amendments that otherwise would require a 2/3 majority vote.

CHAPA housing production

Governor Housing Choice
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Special Permits

Voting Threshold

Parking
Approval of projects seeking a special permit require a 2/3 super majority approvalLower voting threshold to simpe majority for projects seeking a lower parking requirementA reduced parking space to residential unit ratio requirement, provided that such reduction will result in the production of additional housing units (i.e. cost savings from parking reduction is invested in housing). Housing Committee Redraft of Housing Choice
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Special Permits

Voting Threshold

Affordability
Approval of projects seeking a special permit require a 2/3 super majority approvalLower voting threshold to a simple majority for TODs with affordabilitylowers the approval threshold to a simple majority for:

Multifamily housing within .5 miles of transit, as long as at least 10% of the housing is affordable.
Need to make sure it is clear that nothing should conflict with local inclusionary zoning that requires higher level of affordability.

Higher affordability requirement?
Housing Committee Redraft of Housing Choice
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Special Permits

Voting Threshold

Affordability
Approval of projects seeking a special permit require a 2/3 super majority approvalLower voting threshold for Mixed-income Smart Growth DevelopmentSimple majority vote to approve projects that are: Mixed-income housing in commercial centers (e.g. city centers), as long as at least 10% of the housing is affordable.Need to make sure it is clear that nothing should conflict with local inclusionary zoning that requires higher level of affordability.

Higher affordability requirement?
Housing Committee Redraft of Housing Choice
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Special PermitsCurrent law does not provide an explicit framework for issuing special permits for lower parking ratiosSpecial permit for lower parking ratioAllows municipalities to grant special permits for reduced parking space to residential unit ratio requirements upon a finding that the public good would be served adn that the area woul dnot be adversely affected by such diminution in parking. Housing Choice, amended by housing committee
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Housing Choices InitiativeGovernor created Housing Choice Initiative with the goal of creating 135,000 new unitsReporting requirementRequire Governor to report on progress, including how many affordable and ELI housing units have been produced through the initiative.Housing Committee Redraft of Housing Choice Bill.
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Operating and Construction Costs
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Septic and Sewer Standards
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Anti-displacement and Gentrification
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Abutter Appeals
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Green Building and Energy Efficency
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Building Technology
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Opportunity Zones
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13A
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TOPA
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Architectual Access Board
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State Historic Tax Credit
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Homeownership Opportunity
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Community Land Trus and Co-Op
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Community Preservation Act
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