Bill > H2120

This bill amends Section 20 of Chapter 40B, a Massachusetts law that facilitates the development of affordable housing, by redefining the term "consistent with local needs." Previously, this term referred to local requirements and regulations that were considered reasonable in light of the regional need for low and moderate-income housing, the number of low-income residents, and the need to protect health, safety, site design, water resources, and open spaces, and that were applied equally to subsidized and unsubsidized housing. The bill clarifies that these requirements and regulations are considered consistent with local needs when imposed by a board of zoning appeals after a thorough hearing in a city or town that either already has a significant amount of low or moderate-income housing (exceeding ten percent of housing units or on at least one and a half percent of zoned land) or where the proposed housing would not lead to the construction of a disproportionately large amount of new affordable housing in a single year (more than three tenths of one percent of zoned land or ten acres, whichever is larger). Importantly, land owned by federal, state, or local governments, or public authorities, will not be counted towards the total land area when determining if local needs are met.