When Massachusetts lawmakers announced last spring that their goal of adding 500,000 additional housing units by 2040 would ease housing gridlock, industry insiders were doubtful.  How will the hundreds of towns across the Commonwealth, many asked, suddenly be able to fast-track new development projects in a system that traditionally votes against them? The local zoning approval system is dysfunctional, admitted Mass lawmakers, and it was time to fix what many already knew was broken.  Massachusetts Lawyer’s Weekly noted that Governor Baker’s newly introduced bill, H. 3507: “An Act to Promote Housing Choices,” is the answer to the old zoning enabling act – or what can also be described as a “time warp.”

No matter what legislators did at the top level, local building projects were stalled or discouraged and gridlock worsened.

For years, the Commonwealth attempted to adopt new building incentives at the local level, rang the Smart Growth bell, and even boosted public relations efforts on Smart Growth successes – but towns remained reticent due to a small majority of opponents who retained control in the decision-making.  No matter what legislators did at the top level, local building projects were stalled or discouraged and gridlock worsened.

This legislation would be the first significant change to state zoning regulations in decades and a good first step to addressing the state’s housing challenge.
Greater Boston Chamber of Commerce

Mass lawmakers knew that for their ambitious housing goal to be successful, a major change at the municipal level would change the dismal rate of new housing construction.  Currently, municipalities refer to Chapter 40A that establishes procedures for adopting municipal zoning bylaws and ordinances, and it mandates a two-thirds vote of a governing body to adopt or amend a zoning bylaw. A special permit granting authority or any local board typically requires a “supermajority” vote (i.e: currently with a 5-member board: for example, the applicant must convince 4 members to vote in favor)

“By allowing local authorities to adopt certain zoning changes that promote best practices with a simple majority instead of the two-thirds supermajority currently needed, more communities will be able to plan and expand the supply of housing while protecting the autonomy of local decision makers and the important role they play in defining a community’s character,” hailed the Boston Chamber of Commerce.

While the real estate industry holds its breath, locals are already discussing the result of these historic changes and how it’s likely to keep real estate developers busy for the foreseeable future.

“We expect that H.3507 will not only grease the wheels on new building projects but set into motion high demand for AEC services once word travels that new projects have a chance,” said Robert R. Pellegrini, Jr. Esq., CEO of PK Boston Law.

Got a question or need to speak to an expert on commercial or residential real estate?  Email us at info@pkboston.com or call 508-807-1131 and ask for Jana Regan.