Bill > S119

This bill aims to improve housing opportunities and the Massachusetts economy by making several changes to zoning laws. It mandates that cities and towns allow "multifamily development" (buildings with more than three apartment or condominium units) by right in certain zoning districts that cover at least 1.5% of developable land and are suitable for such housing, with a minimum density of 20 dwelling units per acre. The bill also clarifies that "cluster developments," which allow for more flexible site planning, are permitted by right in residential zones and removes a requirement for standard subdivision plans as a prerequisite for their approval. Additionally, it requires zoning ordinances to classify "accessory dwelling units" (ADUs), which are subordinate, self-contained living spaces within or attached to a single-family home, as permitted by right in all single-family zones, with reasonable regulations on their location, dimensions, or design. The bill also modifies rules regarding special permits and variances, making it harder to deny them based on "exactions" (monetary payments or property demands) without explicit findings that satisfy federal constitutional requirements, and it introduces a "site plan review" process for developments that are authorized by right, outlining specific grounds for denial and appeal procedures. Finally, it allows Conservation Commissions to administer local wetlands ordinances that are more stringent than state law, provided they are scientifically based and approved by the Department of Environmental Protection, and similarly allows local boards of health to adopt stricter on-site sewage disposal regulations, also subject to state approval.