• S. 728, An Act for Chapter 40B reform and
improvement. S. 728 was among nearly fifty bills filed
in this legislative session to weaken or repeal Chapter 40B,
the Comprehensive Permit Law. Many of these bills would
have allowed communities to include Section 8 vouchers,
mobile homes, group homes and in-law apartments on
their subsidized housing inventory. Other bills would have
subjected a 40B project to local wetlands bylaws or local
historic housing restrictions, redefined the term “uneconomic”
in the statute, and give boards of appeals a role in cost
certification. The leadership of the HBRAMA testified at a State
House hearing against these measures, emphasizing the
importance of the law to the production of both affordable
and market rate housing. All of the bills were sent to a “study.”
• S. 1301, An Act relative to enhanced fire safety in
one and two family dwellings. S. 1301 was among three
bills introduced to mandate the installation of fire sprinkler
systems in all newly constructed one and two-family homes.
Notwithstanding intense lobbying by municipal fire chiefs,
the state Fire Marshall, the professional firefighters union and
the fire sprinkler industry, the HBRAMA once again defeated
all of these bills. Due, in part, to emotional testimony by both
fire victims and the families of injured firefighters, support
has grown among legislators to mandate sprinklers. Indeed,
the Joint Committee on Public Safety and Homeland Security
recommended their passage. The HBRAMA was able to refute
anecdote and emotion with facts regarding the negligible
safety benefit of such systems to the occupants of one and
two-family homes, as well as their substantial impact on the
cost of construction.
• H. 1083, An Act relative to the procedure for
approval of plans not subject to subdivision control
law. The HBRAMA defeated this bill that would have extended
the time for a local planning board to approve an ANR plan
from 21 to 45 days.
• H. 2116, An Act providing for the establishment
of sustainable water resource funds. The HBRAMA was
opposed to this legislation that would have authorized
municipalities to assess a “water-banking” fee on real estate
development projects to address environmental impacts
and fix municipal infrastructure. The association argued
that this “fee” was in reality an illegal and unfair tax on new
developments that would in many cases be born by new
homeowners and renters.
• H. 123, An Act relative to planning boards’ approval
of subdivision plans. This legislation would have amended
the Subdivision Control Law to require planning boards to notify
all abutters of their right to appeal the approval of a subdivision
plan and the time in which an appeal must be filed in court. The
HBRAMA testified that such notice was unnecessary and would
only lead to the filing of more frivolous appeals.
• S. 1143, An Act to mandate setbacks in home
construction near high-pressure gas pipelines. S. 1143
would have amended the Subdivision Control Law to grant
planning boards the authority to require subdivision plans
near high pressure pipelines to show actual pipe placement,
require public hearings on natural gas line explosion
prevention for subdivisions near such pipelines, require
setbacks for at least 50 feet for pipelines with a pressure of
300-599 psi, 75 feet for pipelines of 600-1000 psi, and 100 feet
for pipelines with a pressure greater than 1000 psi, for new
residential construction.
• H. 4235, An Act relative to anti-litigation provisions
in condominium documents. H. 4235 and H. 4236 were both
sponsored by the New England Chapter of the Community
Associations Institute. H. 4235 would have eliminated certain
protections for condominium developers by preventing
master deeds from including protections for developers from
lawsuits by condo associations and unit owners.
• H. 4236, An Act relative to construction defect
claims by condominium owners. H. 4236 would have
extended the running of the statute of limitations and statute
of repose for construction defect claims against the developer
of the condominium until the developer turns over control of
the association to the unit owners.
This fall’s election is an important one for the residential
construction industry in Massachusetts. The future of the
legislative initiatives and regulatory reforms put forth by Gov.
Charlie Baker and Lt. Gov. Karyn Polito to promote housing
in the Commonwealth will depend upon their winning a
second term. And while all 200 seats in the Legislature will
be up for grabs, Rep. Robert DeLeo (D-Winthrop) will surely
continue to serve as Speaker of the House and Sen. Karen
Spilka (D-Ashland) will embark upon her first full term as
Senate President. When a new Legislature sits next January,
the HBRAMA will once again be there to vigorously advocate
for policies that expand housing opportunities for individuals
and families of all ages and across all incomes.
Benjamin Fierro III is a partner in the Boston law firm of Lynch & Fierro LLP and serves as counsel to the Home Builders and
Remodelers Association of Massachusetts.
www.hbrama.com 15