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Dez Uncut · Column

Question 7's Official Summary Names Parking and Open Space. The Law Itself Doesn't.

Voters get the Attorney General's summary on the ballot. The text that would become law is slightly different. I read both.

By Dez Marlowe ·

Photo: Joe Mabel / Wikimedia Commons, CC BY-SA 4.0 (source)

Question 7 on the Nov. 3 ballot would stop cities and towns from banning a single-family home on a lot of at least 5,000 square feet with 50 feet of frontage and public water and sewer. Most people will decide on the summary, not the statute. So I put them side by side.

The Attorney General's summary says towns could "reasonably regulate certain aspects" of those homes, "including their height, distance from neighboring buildings, open space, parking requirements, and whether they can be rented out on a short-term basis." The statutory text says homes "may be subject to reasonable regulations, including, but not limited to, regulations concerning dimensional setbacks and the bulk and height of structures," and to short-term rental limits. Open space and parking aren't named. The list is open-ended, so a town could probably argue they're covered. But a voter who reads only the summary is told they are.

That's a gap worth knowing about, not a scandal. The summary is a plain-language gloss by the AG. The text is what takes effect. If the measure passes, the first fight will be over words like "unreasonably restrict" and "access to public sewer service and public water service," which the text doesn't define. The Legislature's own initiative committee said it supports the goal of more housing but flagged ambiguity over "size of structures" and how "adequate" infrastructure would be decided, then recommended no action.

The arguments are advocacy, and the state says it doesn't check them. The yes side, Legalize Starter Homes, says housing costs "have doubled since 2014." The state doesn't certify that figure. The no side, the Massachusetts Municipal Association, says the measure "would override local planning" in all 351 cities and towns. Both are claims by the people who wrote them.

My read, labeled as opinion: the summary is fair on the main point and loose on the details. If parking and open-space rules matter to you, the text is two short sections and takes five minutes to read. Do that before Nov. 3.

What we still don't know: how many lots in Massachusetts would qualify. The summary, the fiscal statement and both arguments leave that number out.

Dez Marlowe
Dez Marlowe ColumnistBoston Uncut columnist. Boston, the nation and the world, straight from the block.

Dez Marlowe is a Boston Uncut reporter covering Boston, Massachusetts, national and world news.