Bill > H2344

This bill proposes an amendment to Massachusetts General Law (MGL) Chapter 40A, Section 3A by adding a new subsection that would exempt communities qualifying for safe harbor provisions under Chapter 40B from the requirements of the MBTA (Massachusetts Bay Transportation Authority) Communities Act. Specifically, the bill would provide relief for municipalities that already have certain affordable housing protections under Chapter 40B, effectively removing their obligation to create multi-family zoning as-of-right near transit areas. The safe harbor provisions in Chapter 40B typically provide communities with some protection against comprehensive permit applications for affordable housing developments, and this bill would use those same qualifying criteria to shield communities from the MBTA Communities Act's zoning requirements. By creating this exemption, the bill aims to provide flexibility for municipalities that can demonstrate they are already addressing housing needs through existing affordable housing mechanisms.

Government Affairs

https://malegislature.gov/Bills/194/H2344