In two weeks, the Planning Board will open its public hearings on easing the zoning bylaws for special permits for two-family homes. Voters will be asked to pass proposed changes at the Special Town Meeting on October 17th.
Two nights after the hearings open, the Zoning Board of Appeals will hold another public forum on the bylaw changes proposed by them.
For readers who were zoned out this summer when I first wrote about the proposed zoning bylaw changes — the focus is making it easier to pursue discretionary permits for new two-family homes in most zoning districts.
The ZBA is inviting interested members of the public to join them at a forum on Wednesday, September 16th at 7:30 pm. The hybrid meeting will be held in the Town House Hearing Room with remote participation available through zoom.
Although the bylaw is proposed by the ZBA, the Planning Board is legally required to hold public hearings on any zoning changes, then report to Town Meeting. The hearing is scheduled to open Monday, September 14th at 6:30 pm. That’s likely to also be held in the Town House Hearing Room, and it will also have zoom participation.
It’s worth noting that Town bylaws for 2-family zoning could soon require significant changes based on what the state legislature does in coming months to limit local zoning restrictions. But what the state will pass, if it manages to pass anything, is unclear at this point. (Scroll down for more on that.)
In the meantime, the Town has restrictions that ZBA members flagged as needing updating. The effort is prompted by how developers purportedly responded to the zoning change that the state did succeed in putting into effect last year — by-right zoning for ADUs (Accessory Dwelling Units).
In the spring members discussed a concern they were alerted to that developers were using the ADUs to get around a time restriction that prevents building new two-family homes.
ZBA member Doris Cahill noted that laws for ADUs were intended to allow owners of pre-existing homes to add a unit, not for building new 2-unit homes.
The board agreed that they should get rid of the “two-year rule” in the bylaws. Under existing code, multiple zoning districts currently list a special permit use for:
Conversion of a one-family house in existence for two years or longer to a two-family dwelling, on a lot with a minimum of 15,000 square feet.
The board’s Assistant Lara Davis took on drafting the zoning changes to eliminate the time restriction.
Based on the state law, Davis told the ZBA that she believed that some two-family homes could also add a third “accessory” dwelling to their lots. But she opined that would would be very limited based on septic capacity, and zoning setbacks.
She also believed that a building with three stacked units would need to meet expensive commercial code requirements (like adding sprinkler systems). And she believed that if an owner invested in significant upgrades to a pre-existing multi-family home, that would also trigger requirements to meet modern zoning codes. (When I reached out, she said that she planned to confirm those details prior to the opening of public hearings.)
At the first public forum held on August 12th, Planning Board member Debbie DeMuria had several questions about the proposed changes. She was looking for clarification about the differences between ADUs and 2-family houses.
While ADUs and 2-family homes can look very similar, the ADU is meant to be an accessory to a larger primary dwelling unit.
DeMuria stated that under the ADU bylaws, there can be only one lot with one owner. She wondered if that would be different for the 2-family housing. Davis believed that if in order to have multiple owners for townhouse or duplex units on a shared lot, owners would need to file legal paperwork for condominiums.
DeMuria also wondered about the status of state legislation. Cahill said that it was still in committee. Davis said that the proposed bylaw would be more generous than the current Town bylaws for 2-family homes, but more restrictive than a concept proposed by the state.
In July, the State Senate passed a large bill, An Act relative to economic development in the Commonwealth that includes allowing some 2-family homes by right. They touted in a press release:
Vastly expands the potential number of housing units in Massachusetts by allowing two-family homes on all residentially-zoned lots in the state. Duplexes would be allowed by-right on all residential lots, subject to reasonable limitations related to septic requirements, site plan reviews, and local guidelines and size limitations.
Based on that language, it doesn’t appear to cover townhouses (side-by-side units that share a wall.)
Earlier in July, the House passed its own bill that didn’t include the broad duplex allowance. However, according to reporting by the Commonwealth Beacon, it the House’s zoning changes included potentially allowing religious communities to build multi-family homes on properties owned by religious institutions. (Parcels that are also exempt from property taxes.) The institutions would have to own the parcels for at least 3 years to qualify. (It did sound like some proposed amendments could exempt Southborough from being required to comply.)
A joint conference committee now needs to reconcile the House and Senate bills into one version that can pass and be sent to the Governor for passage.
As for details on the ZBA’s proposed local zoning bylaw changes, you can learn more at the forum. But you can also find details in my prior coverage here.
