November 2024

Governor signs Permit Extension Act

Another win for HBRAMA!

Governor Maura Healey recently signed into law a provision in an omnibus economic development bill that establishes an automatic two-year extension to certain permits and licenses concerning the use or development of real property. With limited exceptions, the Permit Extension Act automatically extends, for two years beyond its otherwise applicable expiration date, any permit or approval that was "in effect or existence" during the qualifying period beginning on January 1, 2023 and extending through January 1, 2025. The purpose of the Act – Section 280 of Chapter 238 of the Acts of 2024 – is to promote job growth, housing production and long-term economic development.

Included among the permits and licenses covered by the act are municipal approvals such as special permits, variances, subdivision approvals, comprehensive permits, building permits, order of conditions from conservation commissions and board of health approvals. State licenses such as those issued under Chapter 91 or superseding orders of conditions issued by the Department of Environmental Protection are also extended for 2 years.

Enactment of the Permit Extension Act was a major legislative priority of the Home Builders and Remodelers Association of Massachusetts (HBRAMA). It is needed to advance those housing developments that have received all local or state approvals but have been stalled due to financing, interest rates, supply chain disruptions and changes in the market. Without an extension, some of these permits, licenses and approvals may expire before a builder is able to begin construction or development, thereby requiring the builder to begin the lengthy and costly permitting process all over again. Such an outcome would only make housing more expensive and unnecessarily delay bringing those units online for years.

In another victory for the association, the economic development bill includes an important amendment to the Zoning Act (G.L. c. 40A, § 6) regarding special permits. Section 171 of Chapter 238 provides “zoning freeze” protection for any construction or operations under a special permit or site plan approval issued pursuant to a local zoning ordinance or by-law, as long as the use or construction is commenced within a period of 3 years after the issuance of the special permit or site plan approval. In cases involving construction, construction must be continued through to completion as continuously and expeditiously as is reasonable.

Importantly, this new provision clarifies that construction involving the redevelopment of previously disturbed land is deemed to have commenced upon substantial investment in site preparation or infrastructure construction, and construction of developments intended to proceed in phases must proceed expeditiously, but not continuously, among phases.

The HBRAMA had been successful several years ago in securing passage of an amendment to the Zoning Act (G.L. c. 40A, § 9) that increased the expiration date of special permits from “up to 2 years” to “up to 3 years.” The problem, of course, is that amendment requires a municipality to amend its local zoning ordinance or by-law to provide special permit holders with that extra year. Section 171 of Chapter 238 makes the 3-year expiration period for special permits and site plan approvals uniform throughout the state.

Sections 171 and 280 of Chapter 238 of the Acts of 2024 became effective upon the governor’s signature on November 20.



A copy of these new laws can be found [here].

Secretary Augustus receives “Defender of Housing Award”

Edward Augustus, Secretary of the Massachusetts Executive Office of Housing and Livable Communities, was presented with the “Defender of Housing Award” at the association’s recent Annual Installation and Awards Banquet at the American Heritage Museum in Hudson. Augustus was presented the award by out-going HBRAMA President Michael Duffany for his leadership and commitment to expanding housing opportunities for all the citizens of the commonwealth.

In his remarks, the secretary thanked the association for its help in getting the historic Affordable Homes Act passed by the Legislature. He said his office is excited about the provision in the law that allows accessory dwelling units (ADUs) under 900 square feet by right in every city and town. He announced that his office is hosting a series of webinars to get feedback from municipal planners and staff. This part of the law goes into effect on Feb. 2 and he is committed to creating regulations and developing model bylaws to help communities with implementation. He said his office estimates that 8,000 to 10,000 ADUs will be built in the next five years.

Secretary Augustus said the Affordable Homes Act creates a process to help free up state surplus land to be used for housing. He noted that the law also established a new Homeownership Production tax credit. He said the Healey-Driscoll Administration is supporting affordable homeownership opportunities through both increasing the production of those homes and providing help to first-time homeowners through programs like MassDreams.

The secretary also spoke of the importance of the MBTA Communities Law to ensure the development of more multifamily housing in the places that make the most sense – near public transportation. That’s good housing policy, but also good transportation policy and good environmental policy, said Augustus. Although the law itself doesn’t require building, Augustus announced that more than 2,800 housing units are already in the pipeline in these new districts.

Finally, Secretary Augustus said that while taking action now is important, he recognizes the need to be planning for the future. In this regard, he cited the important work of the Housing Advisory Council and the Unlocking Housing Production Commission to suggest additional programs, policies and regulatory reforms to address the state’s housing shortage.

At the Annual Installation and Awards Banquet, a new slate of officers for the coming year were sworn into office. They are: David O’Sullivan, President; Susan Kadilak, President-Elect; Matthew Teague, 1^st Vice President/Treasurer; Jason Denoncourt, Secretary.

A copy of Secretary Augustus’ remarks can be found [here].

Legends of the Industry Recognized by the Home Builders Association

The 2024 Legends of the Industry were celebrated at the American Heritage Museum in Hudson, MA on November 14 as part of the Home Builders and Remodelers Association of Massachusetts' Annual Installation and Awards Banquet. 

The Legends of the Industry Award was created in 2006 to recognize the outstanding contributions of leaders in the home building industry. This event brought together industry professionals to celebrate innovation, sustainability, and excellence in home construction.

The home building industry plays a crucial role in our economy and communities. As we face the challenges of housing affordability and sustainable development, it is essential to honor those who are leading the charge in creating quality homes while prioritizing environmental stewardship and community well-being.

This year’s honorees are:

• David L. DeGiorgis, Founder, Wood Craftsman: Nominated by the Home Builders and Remodelers Association of Western Massachusetts.
• Lawrence “Larry” Kady, Managing Director, Jay Development Corp.: Nominated by the Northeast Builders Association.
• Jane Marie O’Connor, Owner, 55 Plus LLC: Nominated by the Builders and Remodelers Association of Greater Boston.
• Jack Stevenson, General Manager, Mid Cape Home Centers: Nominated by the Home Builders and Remodelers Association of Cape Cod.

Each of these leaders has demonstrated remarkable vision and dedication, pushing the boundaries of what is possible in home building. Their work not only sets benchmarks for quality and innovation but also inspires future generations of builders and developers.

“The contributions of these leaders are vital to the future of our industry,” said Joseph Landers, Executive Director of the Home Builders and Remodelers Association of Massachusetts. “Their commitment to excellence and sustainability shapes the communities we live in and paves the way for a better tomorrow.”

Photos from the 2024 Annual Installation and Awards Banquet can be viewed HERE.