Zoning amendments that would allow the following by special permit will now be adopted with a simple majority vote:

• Multifamily housing or mixed-use development in an eligible smart-growth location;
• An increase to the permissible density or population or intensity of a particular use in multifamily or mixed-use development;
• Accessory dwelling units in a detached structure on the same lot; and
• A reduction in the amount of parking required for a residential or mixed-use development.

Multifamily zoning requirement for MBTA communities

Another major change is in Section 18 of the law, which establishes a new requirement for all “MBTA communities” (175 cities and towns, as defined in statute and listed at the end of this post) to have a zoning district of “reasonable size” that allows for multifamily residential development “by right”. This district must be located within a half mile of a transit station, if one is present, but communities without transit stations are still required to have such a multifamily district.

The statute requires the district to:

• Have a minimum density of 15 units per acre, subject to any further limitations imposed by the Wetlands Protections Act and state wastewater regulations;
• Be located within a 1/2 mile from a commuter rail station, subway station, ferry terminal or bus station, if applicable; and
• Not be age-restricted and be suitable for families with children.

“Reasonable size” and “if applicable” are not defined and we expect the guidance will provide clarity on these terms.

If a municipality does not comply with this requirement, the municipality will be ineligible to receive funds from:

• Housing Choice Initiative (note: must be a Housing Choice community to be eligible, as well);
• Local Capital Projects Funds; and
• MassWorks Infrastructure Development Program

Other Changes

Special Permit Votes. The law changes the vote requirement for certain special permits, reducing it from a super-majority to a simple majority for the following:

• Multifamily housing within 1/2 mile of a commuter rail station, subway station, ferry terminal or bus station with at least 10% of the housing affordable to households whose income is less than 80% of area median income (AMI) and deed restricted for at least 30 years;
• Mixed-use developments in centers of commercial activity with at least 10% of the housing affordable to 80% AMI; and
• Reducing parking ratio requirements if the reduction will produce additional housing units

Protesting Zoning Changes. In a municipality with a council of less than 25 members, if the owners of more than half of the and impacted by the zoning amendment or abutting neighbors within 300 feet of the affected land protest a zoning change, the required vote to adopt an ordinance will be by a two-thirds majority. This change applies to the protest of any zoning amendment, not just Housing Choice provisions. We anticipate that DCHD will help clarify this provision through guidance.

Abutter Appeals Reform. The law also made a change in appeals to land use decisions. Under the changes to Ch. 40A, a judge has the option to require a party appealing a decision to approve a special permit, variance, or site plan to post up to a $50,000 bond to secure the payment of costs if the court finds that the harm to the defendant or to the public interest resulting from delays caused by the appeal outweighs the financial burden of the surety or cash bond on the plaintiffs. The court is directed to consider the relative merits of the appeal and the relative financial means of the plaintiff and the defendant.

Special Permit Parking Reductions. Another change permits zoning ordinances/bylaws to allow special permits to be granted for reduced parking-space to residential-unit-ratio requirements. The special permit granting authority may grant this relief after finding that the public good would be served and that the area in which the development is located would not suffer a substantial adverse effect from the reduction in parking.

Regional Development Agreements. The law also allows contiguous municipalities to enter into agreements to allocate public infrastructure costs, municipal service costs, and local tax revenue associated with the development of an identified parcel or parcels or development within the contiguous communities. Agreements must be authorized by a majority vote of their legislative bodies, and with the approval of the mayor, board of selectmen, or other chief executive officer. Agreements must be approved by the Department of Revenue.

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List of MBTA Communities

The following municipalities are subject to the provision requiring multifamily zoning by-right in MBTA communities: Abington, Acton, Amesbury, Andover, Arlington, Ashburnham, Ashby, Ashland, Attleboro, Auburn, Ayer, Bedford, Bellingham, Belmont, Berkley, Beverly, Billerica, Bourne, Boxborough, Boxford, Braintree, Bridgewater, Brookline, Brockton, Burlington, Cambridge, Canton, Carlisle, Carver, Chelmsford, Chelsea, Cohasset, Concord, Danvers, Dedham, Dover, Dracut, Duxbury, East Bridgewater, Easton, Essex, Everett, Fitchburg, Foxborough, Framingham, Franklin, Freetown, Georgetown, Gloucester, Grafton, Groton, Groveland, Halifax, Hamilton, Hanover, Hanson, Haverhill, Harvard, Hingham, Holbrook, Holden, Holliston, Hopkinton, Hull, Ipswich, Kingston, Lakeville, Lancaster, Lawrence, Leicester, Leominster, Lexington, Lincoln, Lynn, Lynnfield, Littleton, Lowell, Lunenburg, Malden, Manchester-by-the-Sea, Mansfield, Marlborough, Marblehead, Marshfield, Maynard, Medfield, Medford, Medway, Melrose, Middleton, Merrimac, Methuen, Middleborough, Milton, Millbury, Millis, Nahant, Natick, Needham, Newbury, Newburyport, Newton, Norfolk, North Andover, North Attleborough, Northborough, Northbridge, Norton, North Reading, Norwell, Norwood, Paxton, Peabody, Pembroke, Plymouth, Plympton, Princeton, Quincy, Randolph, Raynham, Reading, Rehoboth, Revere, Rochester, Rockland, Rockport, Rowley, Salem, Salisbury, Saugus, Scituate, Seekonk, Sharon, Somerville, Sherborn, Shirley, Shrewsbury, Southborough, Sterling, Stoneham, Stoughton, Stow, Sudbury, Sutton, Swampscott, Taunton, Tewksbury, Townsend, Topsfield, Tyngsborough, Upton, Wakefield, Walpole, Waltham, Wareham, Watertown, Wayland, Wellesley, Wenham, West Boylston, West Bridgewater, West Newbury, Westborough, Westford, Westminster, Weston, Westwood, Weymouth, Whitman, Wilmington, Winchester, Winthrop, Woburn, Worcester, and Wrentham.