With the Affordable Homes Act set to take effect early next year, planning officials are beginning talks on what it means for Belmont.
The new law, signed by Gov. Maura Healey in August as part of the $5.1 billion housing bond bill, allows accessory dwelling units – commonly referred to as ADUs – by right. They can stand alone or be attached to an existing dwelling. The new law also prohibits owner-occupancy requirements and “unreasonably restricting” the creation or rental of an ADU that is not being used as a short-term rental.
According to the state, the new law aims to jumpstart housing production and make it easier for families to find affordable places to live.
“You can have an ADU that is strictly rental,” Planning Board member Carol Berberian said at a recent Planning Board meeting. “From meeting with the Age Friendly Action Committee, they do feel that’s a really viable option for seniors who are looking to stay in their homes.”
Current Belmont zoning bylaws only allow ADUs in existing historic accessory buildings, such as a garage.
“The biggest challenge … [is] it’s too restrictive to do based on what we have here, and there would be very few instances where you’d actually be able to have them outside the envelope of the structure,” Berberian said.
According to Town Planner Chris Ryan, if the town has no corresponding bylaw passed, owners of single-family lots can come in and pick up a building permit according to the requirements of the new state law.
“The law becomes effective Feb. 2, and it supersedes local zoning,” Ryan said in a Planning Board meeting earlier this month. “My preference would be – let’s be proactive and get ahead of the curve; let’s put something in place and not test what would happen on Feb. 2.”
According to the Executive Office of Housing and Livable Communities, communities have until Feb. 2 to impose “reasonable restrictions and requirements for” site plan review; Title V septic requirements (if applicable); regulations concerning dimensional setbacks and the bulk and height of structures; and short-term rentals.
They cannot, however, require owner occupancy for the ADU or the principal dwelling; a special permit or other discretionary zoning approval for the use or rental of an ADU; more than one parking space for an ADU located farther than a half-mile from a commuter rail station, subway station, ferry terminal or bus station; any parking for an ADU located within a half-mile of a commuter rail station, subway station, ferry terminal or bus station.
Before presenting the new law to the Planning Board, Berberian said in preparation for a February special Town Meeting, the board would need to open a public hearing by Dec. 17, requiring them to advertise by Nov. 28 which sections would need amendments.
She identified seven sections of the zoning bylaw that may need to be addressed, some of which involve minor definition changes and others that would require more substantial changes related to setbacks.
In an interview, Planning Board Chair Taylor Yates said he thinks ADUs seem like they are “great for a place like Belmont.”
“We have a lot of single-family homes; we have a lot of people living in more homes than they want or can afford,” he said. “ADUs can be a great way for people to age in place or downsize without having to sell their home or move out of the community. I think it’s also a great way to generate some rental income or for young professionals to get a toehold.”
