Massachusetts Governor Maura Healey has unveiled her proposed economic development bill, dubbed the “Mass Wins Act.” Filed as Bill H.5386, the Act proposes changes to Massachusetts law to attract economic development to the Commonwealth.
The bill includes measures to spur investment and reduce business costs. It also aims to boost housing development.
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A key aspect of the bill is the section codifying the Site Plan Review process. Section 36 of H.5386 would add a definition of “site plan review” to M.G.L. c. 40A, establishing criteria for the layout, safety, and impacts of proposed uses or developments.
Site Plan Review Process
The Mass Wins Act would add a new Section 7A to Chapter 40A, requiring that all substantive elements of site plan review be set forth in the zoning ordinance or bylaw. This would increase predictability and prohibit the use of performance standards to regulate building aesthetics.
Decisions would be required within 90 days of a complete application, or would be deemed constructively approved. Site plan approval would require only a simple majority vote. They would also allow municipalities to offer an administrative site plan review process, conducted by a designated authority and municipal staff without a public hearing.
Representative Kristin Kassner proposed a similar bill, H.2298, last year, which has been stuck in Ways and Means since November. The Healey Administration’s backing of the Mass Wins Act has renewed hope that this codification will become law.
Key Provisions
- Site plan applications could only be denied for failing to meet specifications in the ordinance/bylaw, or for failure to submit required fees or information.
- Decisions would be required within 90 days of a complete application.
- Site plan approval would require only a simple majority vote.
The Mass Wins Act has the potential to streamline the site plan review process and reduce uncertainty for developers. With the Healey Administration’s support, it may finally become law, improving the economic development landscape in Massachusetts.