EAST LONGMEADOW — Tiny homes, in-law apartments and other sub-separate living structures, known as accessory dwelling units, will be allowed by right in Massachusetts as of Feb. 2. The Affordable Homes Act, passed in the summer of 2024, prohibits municipalities from outlawing the living arrangements. However, towns can implement reasonable restrictions, which has left them scrambling to put bylaws on the books by the deadline.
On Jan. 7, the East Longmeadow Planning Board voted to send its proposed bylaw to the Town Council for review.
“We’re just trying to be as proactive as possible,” said Planning Board Chair Russell Denver.
The board conducted two public hearings on the matter, incorporating the suggestions of the board members, the town’s legal counsel and members of the public. Most of the changes to the draft were minor, Planning and Community Development Director Robert Watchilla said, and many stemmed from the town not wanting to run afoul of the law.
One example of this was a change to the setbacks, which had originally called for an accessory dwelling unit to be 10 feet further from the front property line than the main structure. Watchilla pointed out that the regulations of the units cannot be more restrictive than those of the main structure. Therefore, the setbacks were changed to match the primary dwelling.
The town counsel, Jesse Belcher-Timme of Doherty Wallace, had flagged a restriction that would eliminate external stairs to an accessory dwelling unit that could be seen from the street. Watchilla said the attorney was concerned the regulation might be challenged in court.
“Let them challenge it,” Denver responded. He said the Planning Board was trying to maintain an aesthetic in town.
A conversation was had about the definition of “gross floor area.” Watchilla said the law states that the gross floor area includes basements, attics and “all habitable zones.” However, Town Councilor Ralph Page, who attended both Planning Board’s public hearings on the issue, pushed back on the state’s definition. He said cellars are not habitable.
Another potentially problematic item Page pointed out was language that stated the unit must match the scale and appearance of the primary dwelling. Page pointed out that this language was subjective and the existing regulations on accessory buildings do not require that they match the main building. He also said the rule limiting the units to one and one-half stories in height was subjective because “stories” are not a precise and legal term.
The board members agreed with some of Page’s points and language regarding the gross floor area, external stairs and matching the appearance of the primary dwelling was removed from the draft.
Denver and Page argued over the need for a site plan review in the case of a unit built onto a house, a similar exchange to one they had at the Dec. 2 hearing. Page said the unit would be “nothing more than an addition” to a home, which does not require a site plan review.
Denver contended that a unit added to the front of a single-family home, so that it is closer to the road than the rest of the house, “changes the character of the neighborhood.”
Page objected and recalled Denver’s comment from the Dec. 2 public hearing, in which he said, “I would like to be able to look at [the property owner] and say, ‘You know, you’re doing an injustice to your neighbors.’” Page said Denver was willing to make property owners pay $1,500 to have site plans drawn up, “so you can tell them they are wrong. I think that’s wrong.”
Watchilla interjected and said the property owner could apply for waivers to reduce the specificity, and therefore cost, of the plans.
School Committee Chair Gregory Thompson commented that the units are an opportunity for people to create rental income and have family members nearby but still independent. “We’re out of lots in this town,” he said. Addressing Denver’s concerns, he added, “I believe in the people of East Longmeadow. If you live in a house, you don’t want something junky outside.”
The council was scheduled to review the bylaw when it met on Jan. 14, before being referred to one of its subcommittees, in keeping with the town’s bylaw process.
