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H 2298

An Act facilitating site plan review

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 7 co-sponsors

The bill creates a uniform, objective site plan review framework focused on layout, safety, and performance standards, reducing aesthetics-based barriers.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 2298

Summary: H.2298 An Act Facilitating Site Plan Review

Executive overview

H.2298, introduced February 27, 2025 and currently reported favorably by committee with referral to the House Ways and Means Committee, updates Massachusetts General Laws to streamline and standardize how municipalities conduct site plan review. The bill emphasizes objective performance standards, limits on aesthetics-based restrictions, and clearer timelines and coordination, while preserving local control through ordinances or bylaws.

Purpose and intent

  • Create a uniform framework for site plan review that focuses on layout, safety, and verifiable performance standards (e.g., traffic, safety, parking, stormwater, lighting, and massing).
  • Ensure standards are definite and objective so applicants know requirements before submission.
  • Limit local aesthetics-based restrictions and provide mechanisms to waive strict compliance when in the public interest.
  • Coordinate site plan review with related processes (notably when a project also involves a special permit) to streamline approvals and avoid redundant reviews.
  • Establish clear timelines and appeal paths to improve predictability for developers and municipalities.

Key provisions and changes

Definitions added or amended

  • Bulk and height of structures: Redefined to focus on articulation and roof lines. Performance standards may not be more restrictive than existing dimensional requirements and may not require specific building materials. Articulation tools include wall offsets, height variation, wall setbacks, accent lines, stepbacks, and other industry-standard approaches proposed by the petitioner.
  • Site plan review: Defines the review/approval process under a municipality’s zoning ordinance or by-law that assesses layout, safety, and impacts, and whether land/structure use complies with reasonable performance standards.

Section 7A — New substantive framework

  • Designated authority: The local board/committee/official designated to conduct site plan review.
  • Performance standards: Reasonable zoning regulations and industry best practices related to traffic, safety, parking, access, stormwater, screening, lighting, and massing. These standards must be reasonably definite and objective; aesthetics cannot be mandated as a performance standard.
  • Waivers and rules: The designated authority may waive strict compliance with performance standards if in the public interest. Local authorities may adopt procedural rules and may impose reasonable consultant fees (mirroring §53G of ch. 44).
  • Applicability standards: Municipalities may set categories for minor or administrative site plan review, and may require public hearings for threshold-based projects.
  • Voting and timelines: For uses by-right or certain special-permit processes, decisions must be by simple majority and within a timeframe set by local ordinance/by-law, not exceeding 90 days after a complete filing unless extended in writing.
  • Coordination with special permits: Site plan review tied to a special permit may be conducted in a coordinated process and may require the same vote as the special permit.
  • Designated authority roles: The ordinance may designate the building commissioner, director of planning, or other coordinator, in which case there is no separate vote for site plan review.
  • Appeals: Appeals follow section 17, unless the local ordinance provides an alternative appeal path.

Denials and conditions

  • Site plans may be denied if they fail to meet specified requirements or if required information/fees are not submitted. Conditions imposed must be necessary to ensure substantial compliance with the zoning ordinance/by-law and proportionate to impacts; some off-site conditions may be allowed if directly related to performance standards and proportional to project impacts.

Timeline and procedural notes

  • Substantial procedural streamlining includes a defined 90-day review window (absent extension by agreement with the petitioner) and potential coordinated review with related permit processes.
  • Appeals follow existing channels, unless modified by local ordinance/by-law.
  • The bill contemplates flexible local control via amendments to local ordinances/by-laws under existing statutory framework (Section 5, Section 11, Section 17, and related provisions).

Who is affected

  • Municipalities, planning boards, and zoning boards that administer site plan review.
  • Property owners and developers subject to site plan review.
  • Local officials designated to oversee planning and building coordination.
  • Communities may implement minor/administrative review pathways and fee structures for external consultants.

Related information

  • Companion/related bill: HD 2362 (replaces).
  • Legislative actions indicate a history of hearings, committee referrals, and inter-session movement, with current status reflecting favorable committee action and referral to Ways and Means.

Compiled from official sources — confirm details with the bill’s official record.

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