The following is a summary of the bills submitted by the Home Builders Association of Massachusetts for consideration in the 186th Session of the Massachusetts Legislature:

Act Furthering Housing Production on Existing Ways

Sponsor:          Rep. Kevin G. Honan (D-Boston)

This legislation would amend the Zoning Act (G.L. c. 40A, § 6) to extend the three years of protection from changes in local zoning relative to the use of so-called ANR (subdivision approval not required) lots, to include protection from subsequent changes in dimensional requirements.

Act Relative To Subdivision Regulations

Sponsor:          Rep. Kevin G. Honan (D-Boston)                  

This legislation would amend G.L. c. 81Q to prohibit a city or town from imposing standards for the construction of ways within a particular subdivision that exceed those commonly applied by that city or town to the “reconstruction” of publicly financed ways located in similarly zoned districts within such city or town.  This legislation would overturn, in part, the decision of the Appeals Court in Miles v. Planning Board of Millbury, 404 Mass. 489 (1989).

Act To Promote Open Space Residential Development

Sponsor:          Rep. Kevin G. Honan (D-Boston)

This legislation would amend G.L. c. 40A, § 3 (the Zoning Act) to prohibit local zoning ordinances and by-laws from prohibiting or unreasonably regulating open space residential developments in districts zoned for residential use.  The bill also amends G.L. c. 40A, § 9 to replace the term “cluster development” with the phrase “open space residential development.”

Act Relative To Standing To File Certain Appeals In The Superior And Land Court

Sponsor:          Rep. Michael J. Rodrigues (D-Westport)                              

This legislation would amend G.L. c. 40A, § 17 to provide that a party appealing the grant of zoning relief or denial of zoning enforcement has the burden of establishing that they are aggrieved by such decision.   A person would no longer have standing to appeal solely by virtue of their status as an abutter or an abutter to an abutter within 300 feet.  Rather, a person appealing the grant of zoning relief or the denial of a zoning enforcement decision would have to file an affidavit within 30 days of the filing of the appeal, setting forth with particularity the specific harm to his or her property and identifying persons with knowledge of said harm and documents that support the allegations made in the complaint or described in the affidavit.

If the plaintiff identifies harm from traffic, drainage and other impacts of a technical nature, he must include an affidavit of an engineer or other qualified expert who can testify as to the impact of the alleged harm on the plaintiff’s property interest.

Act Providing Training For Certain Local Boards And Commissions

Sponsor:          Rep. Michael J. Rodrigues (D-Westport)

This legislation would amend G.L. c. 40A, § 12 (Zoning Act), G.L. c. 41, § 81A (Subdivision Control Act), G.L. c. 17 (Department of Public Health), G.L.  21A, § 2 (Executive Office of Environmental Affairs), G.L. c. 40, § 8C (conservation commissions) and G.L. c. 111, § 26 (boards of health) to require that members of local conservation commissions, boards of health, planning boards and zoning boards of appeal attend training programs to be offered, free of charge, by the Department of Housing and Community Development, the Department of Public Health or the Executive Office of Environmental Affairs, as appropriate. 

Act To Protect The Eastern Box Turtle

Sponsor:          Rep. Michael J. Rodrigues (D-Westport)      

This legislation would establish a special commission to study the development, implementation and financing of a conservation management plan for the protection of the eastern box turtle in the Massachusetts.

The commission shall consist of 7 members:  the commissioner of the department of environmental protection; the director of the department of fish and game; the executive director of the Lloyd Center for Environmental Studies; and 6 members to be appointed by the governor, 1 of whom shall be a member of the Massachusetts Audubon Society, 1 of whom shall be a member of the Massachusetts Wildlife Federation; 1 of whom shall be a member of the Nature Conservancy of Massachusetts, 1 of whom shall be a member of the Home Builders Association of Massachusetts, 1 of whom shall be a member of the National Association of Industrial and Office Properties of Massachusetts and 1 of whom shall be a member of the Massachusetts Farm Bureau.

The study shall include but shall not be limited to: an assessment and prioritization of the habitat needs of the eastern box turtle based upon the extent, quality and juxtaposition of habitats and their predicted ability to support a self-sustaining population, including the size and lack of fragmentation of habitat and proximity and connectivity to other relatively uninterrupted habitats; and the consideration of various strategies to reduce the need to include certain properties in the Natural Heritage Atlas published by the Natural Heritage and Endangered Species Program, including, but not limited to, the purchase of conservation land by the commonwealth  and the creation of incentives to encourage the use of conservation restrictions and agricultural preservation restrictions by private property owners.

Act Requiring Notice And An Opportunity To Repair Certain Construction Defects

Sponsor:          Senator Bruce E. Tarr (R-Gloucester)

This legislation would establish new General Law Chapter 183C governing claims made by homeowners against builders and contractors for residential construction defects.   It is based upon the National Association of Home Builders model law that has been enacted in 23 states.

This legislation would require a claimant to send written notice of an allege defect to a contractor no less than 90 days prior to filing suit.  Within 30 days of receiving notice of the defect, a contractor must respond to the homeowner.  Such response may be either to reject the claim or accept the claim and offer to repair the defect or make a monetary settlement.  A homeowner must give the contractor reasonable access to the home to assess the alleged defect.

If the contractor fails to respond to the claim, rejects the claim or makes an offer to repair or settle the claim that is deemed insufficient by the homeowner, the homeowner may file an action in court.  Any action filed in court will be dismissed without prejudice if the homeowner fails to comply with the notice requirements of this act.

The contractor must give written and conspicuous notice of this law and the homeowner’s rights and responsibilities under it to the homeowner at the time of the sale.