WILBRAHAM — During its Sept. 25 meeting, the Wilbraham Planning Board discussed considerations for the town’s modified bylaw for accessory dwelling units following the recent state approval of the Affordable Homes Act.
The considerations were brought forward by Planning Director Michelle Buck in order to prepare a draft accessory dwelling unit bylaw. Following the discussion, the members’ comments will be consolidated into a draft for review. A public hearing on the final draft will then take place in January or early February 2025, Buck said.
Approved by Gov. Maura Healey on Aug. 6, the Affordable Homes Act included $5.16 billion as well as almost 50 initiatives to address increased housing costs in the state, according to the Executive Office of Housing and Livable Communities. In these initiatives, the legislation approved accessory dwelling units “by-right” within single family zoning districts.
The 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.” Additionally, it notes requirements including a separate entrance from the main house, being the size of half the main house or less than 900 square feet depending on which is smaller in area, and certain town restrictions, such as not allowing short term rentals.
In Wilbraham, accessory apartments are currently allowed by special permit. This structure is defined in the zoning bylaws as “a second dwelling unit that is contained within or added to the structure of a single-family dwelling for use as a separate, independently functioning housekeeping unit, complete with its own means of egress, sleeping, cooking and sanitary facilities. The second dwelling unit is an accessory use to the principal single-family dwelling unit.”
The full description of accessory apartments regulations is stated in the Wilbraham Zoning bylaws in section 4.10, available online at wilbraham-ma.gov/DocumentCenter/View/1887/Zoning-By-Law-2023.
During the Sep. 25 discussion, Buck explained that the considerations brought forward were to modify this current bylaw in order to bring it into compliance with the state’s recent Affordable Homes Act. She noted multiple considerations, explaining that one accessory dwelling unit is required to be “by-right” while additional units must be achievable by special permit, as stated by the town’s attorney.
While there are limited restrictions that Wilbraham can place on accessory dwelling units, Buck highlighted site plan approval, setbacks, dimensional regulations and preventing short term rentals as restrictions that the town can set. Accessory units also must be on the same parcel as the main housing unit.
Additionally, the board agreed to restrict units to a maximum size of 900 square feet, rather than allowing the possibility of a greater size if the primary unit is larger than 1,800 square feet. Buck noted that, of the current accessory apartments in Wilbraham, only three were approved to be greater than 900 square feet with one not even built.
Similarly, board members showed interest in requiring setbacks, dimensional regulations and site plan approvals for accessory dwelling units with chair James Rooney noting that site plan approvals “[ensure] that there is a system in place that guarantees an adherence to some sort of townwide standards” and helps to “guide the process” even though the proposal cannot be denied. Concerning parking, Rooney highlighted that residents only needed to prove that the accessory dwelling unit had access to a specific space in a current driveway, rather than construct an entirely new driveway.
Rooney also went on to state that accessory dwelling units would additionally be partially limited to the septic availability and capacity in the area while member John McCloskey suggested that the board could consult other groups, such as the Pioneer Valley Planning Commission, for greater clarification on the accessory dwelling unit initiative and items to include in the town’s draft bylaw.
Moving forward, Buck stated that the goal was to have the draft bylaw prepared for the board’s next meeting. This meeting will take place on Oct. 9, McCloskey said.
