Bill > H2350

This bill establishes a comprehensive framework for site plan review in Massachusetts municipalities, providing clear guidelines for how local governments can evaluate and approve proposed land or building uses. Site plan review is defined as a process where a designated local authority examines a proposed project's compliance with principles like traffic safety, pedestrian access, parking, drainage, and overall visual compatibility with surrounding buildings. The bill allows municipalities to adopt local ordinances requiring site plan review before issuing building permits, with specific provisions that mandate a simple majority vote for approving plans for uses allowed by right, and requiring a decision within 90 days. The bill limits the conditions that can be imposed during site plan review, allowing only those necessary to ensure compliance with zoning requirements and addressing extraordinary direct adverse impacts. It also establishes an appeals process for site plan decisions, requiring plaintiffs to specify exact reasons for challenging an approval and setting a standard that the approving authority's decision can only be overturned if it is found to have abused its discretion. Importantly, site plan approvals will lapse after three years if substantial construction or use has not begun, though this period can be extended for good cause or potentially increased by local ordinance. The bill provides flexibility for municipalities while creating a more standardized and transparent site plan review process.

Government Affairs, Housing and Urban Affairs

https://malegislature.gov/Bills/194/H2350