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H 4047

An Act relating to special permits

194th Legislature (2025-2026) Introduced by John Barrett and 1 co-sponsor

Expands standing for special-permit appeals to include non-abutters as parties in interest, creating a pre-appeal relief step.

Hearing scheduled for 07/22/2025 from 01:00 PM-05:00 PM in B-1
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Bill Summary · H 4047

Summary: H.4047 — An Act relating to special permits

Overview

H.4047 is a Massachusetts bill introduced on April 22, 2025, titled “An Act relating to special permits.” The bill would modify how municipalities handle notices for special permits, expand who can participate in appeals beyond abutters, require a detailed map identifying affected parties, and create a formal pre-appeal process for non-abutters who qualify as parties in interest. The bill has a scheduled hearing on July 22, 2025 (B-1).

What the bill would change

  • Notice requirements for hearings on special permits (Section 1)

    • Replaces the current notice period with:
    • Four successive weeks of notice before the hearing (instead of two weeks).
    • Publication not less than 30 days before the hearing.
    • Posting requirements: conspicuous posting in the city/town hall for at least 30 days before the hearing.
    • Website posting: city or town website must host notice for at least 30 days before the hearing.

  • Expanded standing for judicial review (Section 2)

    • For purposes of judicial review under section 17, “parties in interest” would include non-abutters who demonstrate:
    • The permit or special permit use violates or likely violates a municipal nuisance, environmental, or other quality-of-life ordinance; and
    • Either: (1) the violation aggrieves a substantial number of non-abutters, or (2) the decision was procedurally flawed.

  • Map requirement (Section 3)

    • Replaces the existing location description with a map of the area or premises, including the names and street addresses of all abutters.

  • New pre-appeal relief process (Section 4, creating Section 11A)

    • Non-abutters who qualify as parties in interest may submit a written demand for relief before filing an appeal.
    • The demand must describe the permit decision at issue, the municipal ordinance being violated, the grievance, the affected parties, any procedural flaws, and the relief sought.
    • The issuing authority (SPGA or board of appeals) must review the demand and issue a final decision in response.

Who is affected

  • Municipalities and regional governments administering zoning under Chapter 40A.
  • Local boards (planning boards, zoning boards of appeals) that grant special permits.
  • Abutters (and non-abutters who qualify as parties in interest) as defined by expanded standing provisions.
  • General public, especially residents and non-abutting neighbors who may be affected by land use decisions.

Procedural and timeline notes

  • Intro and filing: Filed January 16, 2025.
  • Committee reference: Referred to the Committee on Municipalities and Regional Government (April 22, 2025).
  • Legislative actions: Senate concurred (April 24, 2025).
  • Hearing: Scheduled for July 22, 2025, 1:00 PM – 5:00 PM, in hearing room B-1.
  • Related bill: HD 2497 (replaces).

Potential impact

  • Increased public notice lead time and transparency for special permit proceedings.
  • Greater inclusion of non-abutters as potential parties in interest, impacting standing and appeals.
  • Additional evidentiary requirements (abutter maps) to accompany permit petitions.
  • New pre-appeal relief process could streamline or clarify dispute resolution before formal appeals.

Notes

  • The bill is identified as H.4047 (House No. 4047) and is a 2025-2026 session measure.
  • The related bill HD 2497 is listed as a replacement reference.

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

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