Worcester Business Journal

6 Worcester Business Journal | September 7, 2026 | wbjournal.com BY ERIC CASEY WBJ Managing Editor A little-noticed set of amend- ments buried in the state's fis- cal 2027 budget could be one of the most consequential changes to Massachusetts zoning law in decades. Land-use attorneys are already citing the new rules in front of local planning and zoning boards. Gov. Maura Healey signed the $63.4-billion budget July 9 with an emergency preamble, meaning the changes took effect immediately, in- stead of with a 90-day waiting period. Unlike the MBTA Communities Act, which drew widespread public at- tention and open defiance from local governments such as Holden, zoning changes implemented by the budget bill moved through the Legislature with comparatively little fanfare. "is is the most significant suite of amendments that I've seen in the zon- ing context," said Joshua Lee Smith, a prominent land-use attorney at Worcester-based Bowditch & Dewey. State Sen. Michael Moore (D-Worcester), who voted for the budget along with the rest of the Senate, framed the state's efforts as part of an evolving attempt to boost housing produc- tion. "We still have issues with acces- sibility and affordability," Moore said. "We're going to continue to look at different initiatives that we can try to expand our supply of housing." A new legal standard Until these changes, Massachusetts required applicants seeking a variance from zoning regulations to prove substantial hardship tied to a proper- ty's unique soil conditions, shape, or topography, a bar too high to clear for many projects. e new law replaces that test with a practical one, directing zoning boards to weigh the benefit and the value of housing production against any harm to a neighborhood's health, safety, or welfare. e law offers no fixed definition of practical difficulty, but its intent to lower the bar substantially below the old hardship threshold is clear, Smith said. e explicit reference to housing production sends a signal from the Legislature that residential projects should get special consideration un- der the new balancing test. "e Legislature is clearly signaling a more relaxed and developer-friend- ly standard," Smith said. "But local boards still have plenty of authority to deny relief if a project doesn't make sense." e change mirrors the old topog- raphy-based factors but now makes them optional criteria a board may weigh rather than requirements it must find, said Mark Borenstein, a land-use attorney in the Worcester office of Boston law firm Prince Lobel Tye. Worcester, which already applied variance rules more flex- ibly than some suburbs, may see less dramatic change than com- munities that have historically resisted housing approvals, Borenstein said. Already changing outcomes e law is affecting active cases, Smith and Borenstein said. Smith has argued the new standard before boards in at least three matters since July, and town counsels have generally briefed board members on the change, though officials are learn- ing on the fly about how to apply it. e Worcester Zoning Board of Appeals applied the new criteria in approving a 209-unit project on Stafford Street, explicitly citing the housing-production benefit in its de- cision, Borenstein said. He expects the changes to have a bigger impact be- yond Worcester, particularly in towns resistant to building more housing. "It's already being implemented," he said. "We're already seeing some benefits, but I think you're going to see the most benefit in communities which have been a little bit more hesi- tant to approve additional housing." e state budget created a new statewide pathway for residential-use variances, letting developers seek permission to build housing in districts that don't currently allow it. is bypasses the traditionally slower process of a town meeting vote or city council rezoning. Some of Smith's clients are now pursuing use variances and rezoning petitions simultaneously to hedge their bets. e law doubled the lifespan of an approved variance from one year to two, extended possible extensions from six months to as long as two years, and lengthened the zoning freeze that shields an approved project from being blocked by a subsequent rule change from 12 to 24 months. "A lot of the amendments are aimed at preserving time, and time is mon- ey," Smith said. "ese changes are Quiet state changes could reshape housing development in Central Mass. Small changes, big impact Joshua Lee Smith, Bowditch & Dewey Mark Borenstein, Prince Lobel Tye PHOTO | MATT WRIGHT FOCUS L A W & A C C O U N T I N G Sen. Michael Moore (D-Worcester) noted the zoning laws changes as one of the highlights of the state's budget bill, saying the new rules will help housing development.

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