SOUTHWICK — Since the state mandated that every municipality must adopt a zoning bylaw that allows, by right, the construction of what is often called a mother-in-law suite or accessory dwelling unit, the Planning Board began the process of drafting its own Tuesday night.
“The bottom line is, if a single-family home is allowed by right [in a zoning district], the accessory dwelling unit is also, now, a by-right accessory use,” said Town Planner Jon Goddard before he formally presented the draft bylaw to the board.
By right means that if a homeowner in town who lives in the Residential 20 or 40 zoning district requests permission to build or install an ADU in town, it cannot be denied unless it doesn’t follow the state-mandated regulations.
Those are; that it serves as a secondary residence located on the same property as a primary single-family home, can be built inside an existing house — like a basement conversion, can be attached as an addition, or completely detached as a separate structure like a converted garage.
It must also have separate cooking, sleeping, and sanitary facilities and cannot exceed half the gross floor area of the primary dwelling or 900 square feet, whichever is smaller, according to the law.
Goddard said later that garage conversions didn’t have to meet the 900-square-foot maximum.
Goddard said he and board member Jessica Ann Thornton had attended a few workshops about the new regulation and came up with a draft, which was not based on a model bylaw offered by the state to use as a template.
“This [draft] is the best fit for Southwick,” Goddard said.
Describing the Planning Board role in the permitting process for an ADU as “administrative” Goddard said the board would only need to check — not approve — access to the ADA, parking, utilities, and set-back requirements.
During the discussion, board member David Spina asked if an ADU could be built in the Agricultural-Conservation zoning district where single-family homes can only be built with site plan approval and a special permit from the Planning Board.
It was agreed by the board that for an ADU to be built in that zoning district, it would require a site plan and special permit by the Planning Board.
Spina also asked if more than two could be built on one residential property.
The board decided the one would be allowed by-right, any additional units on a single property would require a site plan and special permit.
The ADUs cannot be used as short-term rental space, like an Airbnb, but could be used for long-term rental space.
Other provisions of the draft include:
- Having at least one parking space, which can include on a driveway or garage.
- When under construction, it should minimize tree, vegetation, soil removal, and grade changes.
- It should be compatible with the architectural style of the primary residence.
- It shall have an adequate water supply and either sanitary sewer or septic service.
The discussion of the bylaw was the first public hearing scheduled on it.
It will be included on the board’s agenda during its Feb. 4 meeting.
The bylaw would need approval at May’s Town Meeting.
