Definitions

Affordable Homes Act (Act). St. 2024, c. 150. As-of-right. As defined in M.G.L. c. 40A, § 1A. Building Coverage. Lot Area that may be used for Residential Development including any building, parking structures, or accessory structures. Bulk and Height. The total volume that a building may occupy on a Lot as expressed by the allowable number of stories, total maximum height in feet and any other restrictions on bulk, such as required step-backs above the first floor. Commissioner. The Commissioner of the Division of Capital Asset Management and Maintenance. Conveyance. The deed or other legally binding instrument transferring an interest in Surplus Real Property pursuant to St. 2024, c. 150, § 121, together with any applicable Land Disposition Agreement and Reuse Restrictions imposed by the Commissioner pursuant to St. 2024, c. 150, § 121. Design Standards. Clear and objective standards or provisions of Municipal Regulations applicable to the exterior design of a building and land area on the lot. Developer. Any person, entity or governmental body, or their successors and assignees, that acquires an interest in Surplus Real Property, or a portion thereof, pursuant to St. 2024, c. 150, § 121. Development Agreement. A legally binding agreement between the Municipality and Developer intending to pursue Residential Development of Surplus Real Property conveyed pursuant to St. 2024, c. 150, § 121. Dwelling Unit. A single unit of housing, providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (Mass. Register #1578, 07/17/2026) Effective Density. The total number of Dwelling Units that a Municipality must permit on a particular Lot of Surplus Real Property expressed on a Dwelling Unit per acre basis. EOHLC. The Executive Office of Housing and Livable Communities. Federal and State Health and Safety Laws. All mandatory federal and state laws, codes, and regulations concerning building safety, the public's health, the public's safety, utilities, the general welfare, and the environment, including but not limited to those listed in 760 CMR 71.04(3). Housing Purposes. As defined in St. 2024, c. 150, § 121. Land Disposition Agreement. An agreement between the Commissioner and Developer. Lot. As defined in M.G.L. c. 40A, § 1A. Lot Area. The area of a horizontal plane bounded by the front, side, and rear lot lines of a Lot, measured in acreage or square footage. Mixed-use Development. The use of Surplus Real Property conveyed pursuant to St. 2024, c. 150, § 121 for development containing a mix of Residential Development and uses that are not Residential Development, including, without limitation, commercial, institutional, industrial or other uses and residential types. Multi-Family Housing. As defined in M.G.L. c. 40A, § 1A. Municipality. A city or town where Surplus Real Property is located, in whole or in part. Municipal Regulations. Zoning, including form-based zoning, general ordinances and by-laws or other local legislative, regulatory or other actions or requirements of a Municipality, including wetlands ordinances or by-laws, subdivision and board of health rules, and other local ordinances, by-laws, codes, regulations, and impact fees. Open Space. Outdoor area not covered by any parking, building, or accessory structure, including, but not limited to, yards, land to protect existing and future well fields, aquifers and recharge areas, watershed land, agricultural land, grasslands, fields, forest land, fresh and saltwater marshes and other wetlands, ocean, river, stream, lake and pond frontage, beaches, dunes and other coastal lands, lands to protect scenic vistas, land for wildlife or nature preserve and land for recreational use. Open Space Coverage. The measure of the allowable total Open Space land coverage of a Lot calculated as a percentage of the total Lot Area. Residential Development. The use of land and structures on Surplus Real Property by a Developer for the construction or rehabilitation of Dwelling Units. Residential Development Type. Any sort, class, or building typology that Residential Development may take in form, including but not limited to single-family, two-family, and Multi-Family Housing, and any form, class, or kind of Residential Development, including but not limited to, cluster development, open space residential development, condominium development, and subdivision. Reuse Restriction. Uses, restrictions and encumbrances as defined by the Commissioner in any Conveyance including, but not limited to, a restriction for Housing Purposes pursuant to St. 2024, c. 150, § 121(d)(4), a restriction requiring the Developer to enter into an affordability restriction, Design Standards, including but not limited to mandating clustering of development so as to preserve portions of a parcel for conservation or recreation purposes, and any other use limitations as may be determined by the Commissioner. Setbacks. The minimum linear distance between a boundary of a Lot and a structure located on said Lot as set by the Municipality. Site Plan Review. A process established by local ordinance or by-law by which a Municipal board or authority may review and impose terms and conditions on the appearance and layout of a proposed use of land or structures prior to the issuance of a building permit. Surplus Property Municipal Regulations. Municipal Regulations applicable to Residential Development of Surplus Real Property pertaining to any of the following: (i) Bulk and Height of structures; (ii) Lot Area; (iii) Setbacks; (iv) Open Space Coverage requirements, including yard size requirements; (v) Building Coverage requirements; and (vi) Site Plan Review. Surplus Real Property. As defined in St. 2024, c. 150, § 121(a). Zoning. As defined in M.G.L. c. 40A, § 1A.