MONSON — At its Aug. 20 meeting, the Planning Board discussed the town’s approach to the Affordable Housing Act, reviewing a draft bylaw to regulate the legislation and noting changes to make prior to its final approval.
The Affordable Housing Act was signed into law by Gov. Maura Healey on Aug. 6 and includes multiple initiatives as well as an authorized $5.16 billion to address housing demand and pricing in the state, according to the Executive Office of Housing and Livable Communities.
Of the Affordable Housing Act initiatives, the approval of accessory dwelling units as-of-right is most relevant to Monson, Pioneer Valley Planning Commission Land Use and Environment Deputy Director Ken Comia stated. Under this initiative, residents in a single-family zoning district have the right to construct a free-standing accessory unit on their property that is less than 900 square feet or half the square footage of the primary house on the property. The initiative will officially go into effect on Feb. 5, 2025.
The town’s discussion of accessory dwelling units was first raised by Building Commissioner Justin Larivee, who highlighted his concerns with the initiative’s lack of regulations to the Select Board, member Patricia Oney explained.
The Select Board discussed potential regulations at its Aug. 13 meeting, stating that the Affordable Housing Act allows residents to construct accessory dwelling units without Planning Board approval and that certain regulations such as dimensional setbacks, a site plan review, and structural bulk and height requirements are allowed. Following this discussion, the board voted to request that the Planning Board create a bylaw to address accessory dwelling units, prompting the Aug. 20 conversation.
“You can build a house in your backyard right now under this new legislation. It doesn’t have to be someone who’s related to you that lives there and you can also rent out your first house and that one [accessory dwelling unit] so you don’t even have to live anywhere on the property. And that’s by right through the law that was just signed,” Town Administrator Jennifer Wolowicz said.
Additionally, the creation of accessory dwelling units does not count toward the town’s required construction of affordable housing units under Monson’s Housing Production Plan, Oney said. This plan, formally approved by the town on July 23, supports Monson in meeting its required 10% affordable housing goal or about 18 units each year.
In its discussion, the Planning Board recorded questions about the accessory dwelling unit bylaw to send to town counsel for further clarification. These questions referred to specific language within the bylaw, including whether existing nonconforming outbuildings can be converted to accessory dwelling units, the definition of living space, and the defined amount of time within a short-term rental.
Members also talked about the complications of units sharing septic systems, waste management and water access with the main house with Paul Hatch noting that Title 5 does not allow two septic systems on the same property.
Ultimately, the Planning Board recommended that the bylaw’s table 2 be modified to clarify use and zoning setbacks for the accessory dwelling units as well as that a formal definition for short-term rentals and living space be added to the bylaw.
Following the discussion on Aug. 20, the Planning Board’s recommended changes were sent to town counsel to modify the draft. The Planning Board then reviewed the modified draft at an Aug. 28 working meeting, after press time. The board is expected to recommend the final draft at the public hearing scheduled on Sept. 17. Residents will vote on the final draft at the Oct. 28 Town Meeting, Building Department Administrative Assistant Penny Gustafson stated. The draft bylaw will also be posted online for public viewing.
