Definitions

Adjacent Community means an MBTA community that: (a) has within its boundaries less than 100 acres of Developable station area; and (b) is not an Adjacent small town. Adjacent Small Town means an MBTA community that: (a) has within its boundaries less than 100 acres of Developable station area; and (b) either has a population density of less than 500 persons per square mile, or a population of not more than 7,000 year-round residents as determined in the most recently published United States Decennial Census of Population and Housing. (Mass. Register #1545, 4/11/2025) Affordable Unit means a Multi-family housing unit that is subject to a restriction in its chain of title limiting the sale price or rent, or limiting occupancy to an individual or household of a specified income, or both. Affordable units may be, but are not required to be, eligible for inclusion on EOHLC's Subsidized Housing Inventory. Nothing in 760 CMR 72.00 changes the Subsidized Housing Inventory eligibility criteria, and no affordable unit shall be counted on the Subsidized Housing Inventory unless it satisfies the requirements for inclusion under 760 CMR 56.03(2) or any other regulation or guidance issued by EOHLC. Age-restricted Housing means any housing unit encumbered by a title restriction requiring a minimum age for some or all occupants. As of Right means development that may proceed under a zoning ordinance or by-law without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval. Bus Station means a location with a passenger platform and other fixed infrastructure serving as a point of embarkation for the Massachusetts Bay Transportation Authority Silver Line. Upon the request of an MBTA community, EOHLC, in consultation with the Massachusetts Bay Transportation Authority, may determine that other locations qualify as a bus station if: (a) such location has a sheltered platform or other fixed infrastructure serving a point of embarkation for a high-capacity Massachusetts Bay Transportation Authority bus line; and (b) the area around such fixed infrastructure is highly suitable for Multi-family housing. Commuter Rail Community means an MBTA community that: (a) does not meet the criteria for a Rapid transit community; and (b) has within its borders at least 100 acres of Developable station area associated with one or more Commuter rail stations. Commuter Rail Station means any Massachusetts Bay Transportation Authority Commuter rail station with year-round, rather than intermittent, seasonal, or event-based, service, including stations and any extensions to such lines under construction and scheduled to begin service before the end of 2025. Compliance Model means the model created by EOHLC to determine compliance with M.G.L. c. 40A, § 3A's reasonable size, gross density, and location requirements. The compliance model is described in further detail in the Compliance Methodology Model, which is a model prescribed by EOHLC. Determination of Compliance means a determination made by EOHLC as to whether an MBTA community has a Multi-family zoning district that complies with the requirements of M.G.L. c. 40A, § 3A. A Determination of compliance may be a determination of interim compliance or a determination of district compliance, as described in 760 CMR 72.09. Developable Land means land on which Multi-family housing can be permitted and constructed. For purposes of 760 CMR 72.00, Developable land consists of: (a) all privately-owned land except Lots or portions of Lots that meet the definition of Excluded land; and (b) Developable public land. Developable Public Land means any Publicly-owned land that: (a) is used by a local housing authority; (b) has been identified as a site for housing development in a housing production plan approved by EOHLC; or (c) has been designated by the public owner for disposition and redevelopment. Other Publicly-owned land may qualify as Developable public land if EOHLC determines, at the request of an MBTA community and after consultation with the public owner, that such land is the location of obsolete structures or uses, or otherwise is suitable for conversion to Multi-family housing, and will be converted to or made available for Multi-family housing within a reasonable period of time. Developable Station Area means Developable land that is within 0.5 miles of a Transit station. EOED means the Executive Office of Economic Development. EOHLC means the Executive Office of Housing and Livable Communities. Excluded Land means land areas on which it is not possible or practical to construct Multi-family housing. For purposes of 760 CMR 72.00, Excluded Land is defined by reference to the ownership, use codes, use restrictions, and hydrological characteristics in MassGIS and consists of the following: (a) All Publicly-owned land, except for Lots or portions of Lots determined to be Developable public land. (b) All rivers, streams, lakes, ponds and other surface waterbodies. (c) All wetland resource areas, together with a buffer zone around wetlands and waterbodies equivalent to the minimum setback required by 310 CMR 15.00: The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the TransPort and Disposal of Septage. (d) Protected open space and recreational land that is legally protected in perpetuity (for example, land owned by a local land trust or subject to a conservation restriction), or that is likely to remain undeveloped due to functional or traditional use (for example, cemeteries). (e) All Public rights-of-way and Private rights-of-way. (f) Privately-owned land on which development is prohibited to protect private or public water supplies, including, but not limited to, Zone I wellhead protection areas and Zone A surface water supply protection areas. (g) Privately-owned land used for educational or institutional uses such as a hospital, prison, electric, water, wastewater or other utility, museum, or private school, college or university. If privately owned land that would otherwise be excluded is no longer being used for such educational or institutional uses, EOHLC may determine that such land no longer being so used is Developable Land. Ferry Terminal means the location where passengers embark and disembark from regular, year-round Massachusetts Bay Transportation Authority ferry service. Gross Densitymeans a units-per-acre densitymeasurement that includes land occupied byPublic rights-of-way and any recreational, civic, commercial, and other nonresidential uses. Housing Suitable for Families means housing comprised of residential dwelling units that are not age-restricted housing, and for which there are no zoning restriction on the number of bedrooms, the size of bedrooms, or the number of occupants. Listed Funding Sources means: (a) the Housing Choice Initiative as described by the governor in a message to the general court dated December 11, 2017; (b) the Local Capital Projects Fund established in M.G.L. c. 29, § 2EEEE; and (c) the MassWorks infrastructure program established in M.G.L. c. 23A, § 63. Lot means an area of land with definite boundaries that is used or available for use as the site of a building or buildings. MassGIS Data means the comprehensive, statewide database of geospatial information and mapping functions maintained by the Commonwealth's Bureau of Geographic Information, within the Executive Office of Technology Services and Security, including the lot boundaries and use codes provided by municipalities. MBTA Community Categories and Requirements means the table of MBTA communities in Table 760 CMR 72.12, identifying the community category assignment, minimum land area, minimum Multi-family unit capacity, Developable station area, and percentage of the Multi-family zoning district to be located in the Developable station area, applicable to MBTA communities. MBTA Community means a city or town that is: (a) one of the 51 cities and towns as defined in M.G.L. c. 161A, § 1; (b) one of the 14 cities and towns as defined in M.G.L. c. 161A, § 1; (c) other served communities as defined in M.G.L. c. 161A, § 1; or (d) a municipality that has been added to the Massachusetts Bay Transportation Authority under M.G.L. c. 161A, § 6 or in accordance with any special law relative to the area constituting the authority. Mixed-use Development means development containing a mix of residential uses and non-residential uses, including, without limitation, commercial, institutional, industrial or other uses. Mixed-use Development Zoning District means a zoning district where multiple residential units are allowed as of right if, but only if, combined with non-residential uses, including, without limitation, commercial, institutional, industrial or other uses. Multi-family Housing means a building with three or more Residential dwelling units or two or more buildings on the same Lot with more than one Residential dwelling unit in each building. Multi-family Unit Capacity means an estimate of the total number of Multi-family housing units that can be developed As of right within a Multi-family zoning district, made in accordance with the requirements of 760 CMR 72.05(1)(b). Multi-family Zoning District means a zoning district, including a base district or an overlay district, in which Multi-family housing is allowed As of right; provided that the district shall be in a fixed location or locations, and shown on a map that is part of the zoning ordinance or bylaw. One Stop Application means the single application portal for the Community One Stop for Growth through which: (a) EOED considers requests for funding from the MassWorks infrastructure program; (b) EOHLC considers requests for funding from the Housing Choice Initiative; (c) EOED, EOHLC and other state agencies consider requests for funding from other discretionary grant programs. Private Rights-of-way means land area within which private streets, roads and other ways have been laid out and maintained, to the extent such land areas can be reasonably identified by examination of available tax parcel data. Publicly-owned Land means: (a) any land owned by the United States or a federal agency or authority; (b) any land owned by the Commonwealth of Massachusetts or a state agency or authority; and (c) any land owned by a municipality or municipal board or authority. Public Rights-of-way means land area within which public streets, roads and other ways have been laid out and maintained, to the extent such land areas can be reasonably identified by examination of available tax parcel data. Rapid Transit Community means an MBTA community that has within its borders at least 100 acres of Developable station area associated with one or more Subwaystations, or Massachusetts Bay Transportation Authority Silver Line bus rapid transit stations. Residential Dwelling Unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Sensitive Land means Developable land that, due to its soils, slope, hydrology, or other physical characteristics, has significant conservation values that could be impaired, or vulnerabilities that could be exacerbated, by the development of Multi-family housing. It also includes locations where Multi-family housing would be at increased risk of damage caused by flooding. Sensitive land includes, but is not limited to, wetland buffer zones extending beyond the title 5 setback area; land subject to flooding that is not a wetland resource area; priority habitat for rare or threatened species; Department of Environmental Protection-approved wellhead protection areas in which development may be restricted, but is not prohibited (Zone II and interim wellhead protection areas); and land areas with prime agricultural soils that are in active agricultural use. Site Plan Review means a process established by local ordinance or by-law by which a local board reviews, and potentially imposes conditions on, the appearance and layout of a specific project prior to the issuance of a building permit. Subway Station means any of the stops along the Massachusetts Bay Transportation Authority Red Line, Green Line, Orange Line, or Blue Line, including but not limited to the Mattapan High Speed Line and any extensions to such lines. Transit station means a Massachusetts BayTransportation Authority Subway station, Commuter rail station, Ferry terminal or Bus station. Transit Station Area means the land area within 0.5 miles of a Transit station.