Bill > H2317

This bill makes several significant changes to Massachusetts zoning laws, focusing on improving processes and flexibility for property owners and municipal authorities. The bill modifies Chapter 40A of the General Laws to allow structures on lots with pre-existing nonconformities to be extended or altered more easily, provided they comply with current dimensional regulations. It extends the time periods for construction and permit validity, with building permits now valid for 24 months and special permits valid for 3 years, with provisions to toll (pause) these periods while obtaining necessary permits. The bill also changes procedures for special permit hearings, limiting their duration and establishing that failure to act within specified timeframes will result in automatic permit approval. Additionally, the bill revises variance application processes, requiring permit-granting authorities to consider practical difficulties, financial hardships, and potential benefits when evaluating applications. It also modifies judicial review procedures for zoning decisions, including new requirements for plaintiffs filing complaints and potential bonding requirements to prevent frivolous appeals. Notably, the bill includes a provision preventing adjacent lots under common ownership from being automatically treated as a single lot for zoning purposes, with some exceptions.

Government Affairs

https://malegislature.gov/Bills/194/H2317