AGAWAM — Mayor Christopher Johnson is looking to establish an accessory dwelling units ordinance in Agawam that aligns with state regulations.
On March 3, the City Council will conduct a public hearing and decide whether to enact an ordinance that guides the construction and installation of accessory dwelling units in the town of Agawam.
“Agawam has no zoning ordinance that deals with accessory dwelling units,” reads the ordinance amendment sponsored by Johnson. “Given the potential for construction or installation of new accessory dwelling units, it is important for Agawam to adopt an ordinance to guide the construction and installation of accessory dwelling units,”
The mayor’s proposal is in direct response to Gov. Maura Healey’s decision in August to sign the Affordable Homes Act into law, which, among many other things, amends the statewide Zoning Act to allow accessory dwelling units up to 900 square feet to be built by right in single-family zoning districts in every Massachusetts community.
This law, which will go into effect on Feb. 2, supersedes existing local zoning ordinances and bylaws in every Massachusetts community, according to Johnson’s letter to the council, which means that any provisions inconsistent with the state’s new ADU law become unenforceable starting on Feb. 2.
According to the state law, an ADU must maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with its principal dwelling. An ADU must also be no larger than half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and must also meet applicable municipal restrictions.
Johnson’s letter to the council included a set of draft regulations with the new ADU law that was published by the Commonwealth of Massachusetts Executive Office of Housing and Livable Communities. He said that the proposed amendment that will go in front of the council is consistent with what the state’s draft regulations are.
“The proposed zoning amendment represents our best effort to establish a local ordinance to deal with accessory dwelling units that is consistent with the draft state regulations,” Johnson said in his letter. “Obviously, if the state amends the draft regulations, amendments may need to be made to our local ordinance.”
The proposed ordinance, which was reviewed and recommended by the town’s Zoning Review Committee, includes things like procedural requirements and dimensional regulations that must be followed by applicants looking to construct an ADU.
The full council referred the proposed ordinance to its Legislative Committee and the Planning Board during its Jan. 21 meeting.
The Planning Board will set its own public hearing on the matter at a future date.
