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MA H2317
Bill
Status
2/27/2025
Primary Sponsor
Brian Murray
Click for details
AI Summary
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Amends Massachusetts zoning law (Chapter 40A) to allow structures on lots with pre-existing nonconformities (lot size, shape, frontage, lot coverage, floor area ratio) to be extended or altered as of right if the changes comply with current height, stories, and setback regulations
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Extends the construction commencement window from the current timeframe to 24 months after building permit issuance and 3 years after special permit or site plan approval, with the clock tolled while seeking other necessary permits
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Imposes strict timelines on special permit hearings: public hearings must open within 65 days of application, conclude within 150 days, and final action taken within 30 days thereafter—failure to meet these deadlines results in automatic permit approval
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Changes the variance standard from "substantial hardship" to "practical difficulty," requiring permit authorities to weigh benefits to the applicant and public interest (including housing production) against neighborhood health, safety, and welfare impacts
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Strengthens standing requirements for third-party appeals by requiring plaintiffs to demonstrate measurable, special injury to a private legal interest, and authorizes courts to require appeal bonds up to $250,000 when delays harm defendants or the public interest
Legislative Description
Relative to zoning
Last Action
Accompanied a study order, see H4970
1/29/2026