EAST LONGMEADOW — The East Longmeadow Planning Board discussed the recent state initiative to allow accessory dwelling units by right under the approved Affordable Homes Act and the town’s next steps to approach the changes from the legislation at its Sept. 17 meeting.
During the meeting, Planning and Community Development Director Robert Watchilla gave a brief presentation about the Affordable Homes Act and accessory dwelling unit initiative, providing information on the steps the Planning Board needs to take in the coming months.
The Affordable Homes Act was signed by Gov. Maura Healey on Aug. 6, Watchilla stated. The “historic” legislation included $5.16 billion in funds to address housing and pricing in the state over the next five years as well as “50 policy initiatives to counter rising housing costs.”
As one of the initiatives, the accessory dwelling unit by right initiative noted a definition of accessory dwelling units, which formally went into effect at the Aug. 6 signing, while the remainder of the initiative would go into effect in February 2025, Watchilla said.
He highlighted how this delay was designed by the state to give communities 180 days to finalize individual regulations for the town.
The Affordable Homes Act defines accessory dwelling units as “a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements,” according to Massachusetts General Law.
Other requirements stated in the definition are the need for a separate entrance, a “gross floor area” that is less than 900 square feet or half the area of the main house, and the requirement to meet any town restrictions on the unit, such as “additional size restrictions and restrictions or prohibitions on short-term rental,” the state noted.
Within the Affordable Homes Act, specific statements about what restrictions towns can place on the approval of accessory dwelling units are described, Watchilla said. Restrictions that East Longmeadow can place include a required site plan review, certain setbacks for the structure’s bulk, dimensions and height as well as septic system requirements and the restriction of use for short term renting.
Alternatively, the town cannot entirely prevent the use of the unit for rentals, require the owner to live in the dwelling unit, allow more than one parking space or require a special permit for approval of the unit, Watchilla stated. There is also language about limitations to one unit if the residents meet the requirements.
“The language is kind of vague on this. Essentially, they give people an avenue to construct more than one ADU on the property via special permit so obviously special permits can be denied if the board feels it’s detrimental to the community,” he explained. “In this case, it doesn’t say whether or not we can just limit ADUs to only one.” Watchilla stated that further clarification on the issue would be needed moving forward.
Accessory dwelling units would also only be allowed in single family residential districts, Watchilla said.
To prepare for February, Watchilla recommended the Planning Board create a draft bylaw concerning the town’s regulations of accessory dwelling units and review it with legal counsel prior to a public hearing. In order to allow time for the bylaw to be approved and established before February, a public hearing with both the Planning Board and Town Council would likely be in December.
“I think it’s wise for us to have a bylaw in place well before Feb. 2 but also, I understand that we don’t want to seem like we’re rushing it even though we’re kind of forced to rush it. We want to make sure it’s a bylaw that everybody’s comfortable with, that complies with state law, and regulates these in an appropriate manner that the board sees fit,” Watchilla said.
Following the presentation, the Planning Board members briefly commented on the initiative and future plans for a bylaw with Chair Russell Denver stating that units would increase the density of neighborhoods and create additional traffic. Watchilla also noted that accessory dwelling units could be helpful for elderly adults on a fixed income in downsizing or making additional funds through renting.
