Official: Property Owners Raising “Lots” Of Questions As Outreach Start On New Zoning Law
STATE HOUSE, BOSTON, SEPT. 18, 2024…..State housing officials kicked off outreach efforts on accessory dwelling units to municipal leaders Wednesday, as they prepare for zoning changes embedded in the Affordable Homes Act to take effect in February.
Staff from the Executive Office of Housing and Livable Communities say they are mulling over the guidance or regulations to issue for cities and towns to comply with Gov. Maura Healey’s priority bill, which she signed on Aug. 6. The new law allows ADUs under 900 square feet to be built by right. The Healey administration previously estimated the law could create more than 8,000 ADUs over five years.
Municipalities will have flexibility when it comes to the timeline for updating zoning bylaws, and local boards will have to deal with infrastructure challenges that could hamper ADU construction, staff indicated to the Rural Policy Advisory Commission on Wednesday.
“Our first priority is to reach out and make sure municipal officials have the right answers and have places to send people with further questions,” said Chris Kluchman, director of EOHLC’s Livable Communities Division. She said property owners have been raising “lots” of questions about ADUs.
EOHLC is bringing on an ADU coordinator next month, staffers said. The office has also launched a webpage focused on ADUs, which previews the legislative changes impacting municipalities starting Feb. 2.
Cities and towns will not be able to require owner occupancy of the ADU or main residence, or a special permit or discretionary zoning approval for use or rental of an ADU. Municipalities also cannot require more than one parking space for an ADU located more than half a mile away from a commuter rail, subway or bus station or ferry terminal, and they cannot require any parking for an ADU located within half a mile of those transit options.
“This is not in effect right away. It has this six-month period that while some communities may go forward in a city council meeting or a town meeting prior to Feb. 2, that if your city or town does not do that prior to Feb. 2, it is not the end of the world, and that you know, you can wait to, let’s say to a spring town meeting season,” Kluchman said.
“My guess is that there won’t be that many accessory dwelling unit applications prior to a spring town meeting,” she continued. “But if there are, you have to just look to the statute and administer the statute. You may no longer enforce zoning regulations that conflict with the statute.”
Local governing bodies would likely decide whether detached ADUs, including those in barns, could connect to the utilities of the primary residence, Kluchman said in response to a question. She added local boards of health and building commissioners will need to deal with handling drinking water and septic system needs for ADUs.
“Let’s say you have a three-bedroom septic and an ADU makes a fourth bedroom, and there’s no way for relief, you may have to do some upgrading of your septic system,” Kluchman said.
Infrastructure challenges pose unique challenges in rural parts of the state, said RPAC member Linda Dunlavy, who represents the Franklin Regional Council of Governments.
“I think that lack of sewer and water is going to be the biggest detriment in making the ADUs by right as effective as we need them to be in rural areas,” Dunlavy said, as she brought up septic system regulations and collaboration with the Department of Environmental Protection.
“I think, though, that one thing the RPAC should be thinking about, along with our legislative colleagues and perhaps HLC colleagues, is really starting to work with DEP about looking at the Title 5 regulations themselves, and seeing if there can be some changes that make it easier for rural residents who have four- or five-bedroom houses now and a septic system big enough for four or five bedrooms, but only one bedroom occupied,” she continued. “How can we deal with that, rather than asking our residents to invest $20, 30, 50 (or) $100,000 in expanding their septic system?”
The ADU changes also offer municipalities an opportunity to evaluate short-term rental rules. The Affordable Homes Act states cities and towns cannot “unreasonably restrict” creating or renting an ADU “that is not a short-term rental.”
“It is written in the negative, but again, one would think that means the law is providing an avenue for communities to regulate short-term rentals, accessory dwelling units that are short-term rentals. I think it’s trying to be explicit,” Kluchman said. “More to come on that, but I would just direct you to that language in the statute.”
Filipe Zamborlini, manager of EOHLC’s community assistance unit, emphasized officials intend to have a “very robust engagement” process with the ADU rollout. The administration wants to see the ADU initiative “yield positive results” and not “just become a tool in the toolbox that unfortunately is not being used,” he said.
“That is the last thing we want to happen in this case,” Zamborlini said.
