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Executive Office of Housing and Livable Communities Extends Public Comment Period for 40B Regulations to January 31, 2025

On December 24, 2024, the Executive Office of Housing and Livable Communities (“EOHLC”) extended the public comment period for amendments to 760 CMR 56 (“40B Regulations”) from December 13, 2024 to January 31, 2025 at 5:00...more

Executive Office of Housing and Livable Communities Will Close Public Comment on ADU Regulations on January 10, 2025

The Executive Office of Housing and Livable Communities (EOHLC) posted its draft of 760 CMR 71:00 “PROTECTED USE ACCESSORY DWELLING UNITS” Regulations for comment in December 2024. The public comment period for the...more

Courts and Communities Grapple with Housing and Substance Abuse Crises and the Limits of Local Zoning

Does G.L. c. 40A, § 3, ¶ 4 “impose[] a per se requirement that all sober homes be treated in all circumstances as would single family homes as a matter of law?” In anticipation of December 2024 oral arguments, the Supreme...more

The Commonwealth Needs Solar Power: After Kearsarge and Tracer Lane, Massachusetts Cities and Towns Consider the Limits of Local...

In its unpublished M.A.C. Rule 23.0 decision affirming the Land Court’s ruling, the Massachusetts Appeals Court concluded in Kearsarge Walpole LLC vs. Zoning Bd. of Appeals of Walpole, Mass. App. Ct., No. 23-P-128 (2024) that...more

Prohibiting Non-Accessory BESS Violates Massachusetts Law

On April 2, 2024, the Attorney General’s Municipal Law Unit rejected a portion of the Town of Sherborn’s zoning bylaw amendment pertaining to restrictions on battery energy storage systems (“BESS”), but allowed the...more

Massachusetts Attorney General Disallows Zoning Restraints on Battery Energy Storage Systems

In its September 19, 2023 letter disapproving the Town of Mansfield’s limitation on battery energy storage systems (“Mansfield letter”), under Warrant Article S15 (Zoning) voted at the Wareham Special Town Meeting of April...more

Boston Planning and Development Agency Institutes Policy on Diversity, Equity, and Inclusion

The Boston Planning and Development Agency (“BPDA”) has adopted a Diversity, Equity and Inclusion Policy (“DEI”) that asks developers of large projects (adding/constructing more than 50,000 square feet), Planned Development...more

EOHED Issues Updated Guidance for Multi-Family Zoning in MBTA Communities

On October 21, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) updated final guidelines to the Commonwealth’s 175 MBTA communities for compliance with M.G.L. c. 40A, § 3A...more

New Massachusetts Rules for Multi-Family Zoning in MBTA Communities

On August 10, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued final guidelines to the Commonwealth’s 175 MBTA communities for compliance with M.G.L. c. 40A, § 3A...more

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