Municipal Legislation

Senator Resor has filed several bills that directly and indirectly affect the communities throughout the Middlesex and Worcester district. As a former selectwoman, she understands many of the issue towns and cities are faced with and what tools they need to best perform.

AN ACT RELATIVE TO MUNICIPAL ZONING, SUBDIVISION, CONTROL AND PLANNING

The Community Planning Act (CPA-2) is the first major updating of the Commonwealth's planning/zoning and subdivision control statutes in over 30 and 50 years, respectively.  It follows the successful Community “Preservation” Act, which helps provide cities and towns with funds for affordable housing, historic preservation, and open space acquisition.  The CPA-2 is the next step, encouraging communities to adopt or update their local master plans and providing them the tools necessary to implement effective land use regulations consistent with those plans.  At the same time many of the existing statutory impediments to the achievement of “smart growth” in Massachusetts are eliminated so that communities may better manage their growth and shape their futures.

The CPA-2 bill, while extensive, is organized around a number of key objectives, which include improving the local planning process, closing loopholes which undermine planning, fostering housing affordability and diversity, increasing flexibility in zoning and permitting, providing communities with effective planning tools, and improving local regulatory procedures.

This bill is supported by the Zoning Reform Working Group, many individual planning agencies and professionals, and the Mass Municipal Association.

AN ACT AUTHORIZING CITIES, TOWNS, AND REGIONAL DISTRICTS TO SEND CERTAIN INFORMATION TO REGISTERED VOTERS

In the 2003-2004 Session, the Legislature passed Senate Bill 2221, a statewide enabling bill that offered Towns clear authorization to offer fair and impartial information on questions before the voters.  The bill also clarified Section 22A of Chapter 55A of the Massachusetts General Laws, spelling out in some detail the restrictions on the use of public resources for the purposes of influencing elections. Unfortunately, the bill was vetoed by the Governor.  Senator Resor plans to refile the bill, which will set up a process requiring that fair arguments on both sides of the issue be presented to the voters, using a clear and open process.  This is similar to the practice that the Secretary of State uses each year at the state election level, and not unreasonably, residents are demanding clear information in the same fashion on local matters.

AN ACT RELATIVE TO AGREED MITIGATION MEASURES FOR AFFORDABLE HOUSING PROJECTS

This bill would amend Chapter 40B by allowing mitigation for 40B projects to take place on public land pursuant to a license from the authority having jurisdiction over the publicly owned property.  As cities and towns work with the proponents of 40B projects in their communities, it often happens that the developer and the municipality agree on an appropriate mitigation project to be constructed or conducted on municipal land at the developer’s expense.  Despite the willingness of both parties to have mitigation done on public land, public bidding laws make this impractical.  This bill would set up a mechanism where the public board, commission, or authority having jurisdiction over the property could license the mitigation measures without request for proposals, other public bidding, or compliance with other requirements ordinarily applicable to a public project.

AN ACT RELATIVE TO AFFORDABLE HOUSING IN HISTORIC DISTRICTS

This bill would require that affordable housing projects in established historic districts be subject to the review of the historic district commission.

AN ACT RELATIVE TO TAX CREDITS FOR RESTORATION OF HISTORIC BARNS

This bill would provide for a program of tax credits when historic barns are restored.  Historic barns are a critical part of the rural landscape of the Commonwealth.

AN ACT RELATIVE TO INTERMUNICIPAL AGREEMENTS

This bill would authorize towns to enter into intermunicipal agreements by a vote of the Board of Selectmen, rather than a town meeting vote.  Authorization by a city would remain unchanged. 

AN ACT AMENDING THE OPEN MEETING LAW