Article 39 - Zoning Bylaw Amendment: Accessory Dwelling Unit

ARTICLE 39. To determine whether the Town will amend Section 4.2.2.2 of the Zoning Bylaw (Two-family or additional dwelling unit) so that the following Section read as follows (deletions are shown in grey highlighted strikeout or grey highlighted bold italics for emphasis only; here a portion of a section is quoted, other sections shall remain unchanged); or take any other action relative thereto:

4.2.2.2 For the purpose of providing small additional accessory dwelling units to rent in the Town that will not substantially alter the appearance of the Town or for the purpose of enabling owners of single-family dwellings larger than required for their present needs to share space and the burdens of homeownership, a building permit may be granted for one additional accessory dwelling unit in an existing or proposed single-family dwelling or existing or proposed detached accessory structure, provided that:

(a) The area of the lot on which the single-family dwelling and additional accessory dwelling unit is are located shall not be less than the required minimum lot size for the applicable Zoning District;

 (b) The additional accessory dwelling unit shall occupy no more than 750 1,000 square feet of gross floor area, as defined under Section 1.3.12, but excluding space used for a garage or as defined in 760 CMR 71.02, whichever is greater, of the single-family dwelling or detached accessory structure; 

 (c) No more than one such additional accessory dwelling unit shall exist on the lot;

 (d) Either the additional dwelling unit or the single-family dwelling shall be occupied by the owner of the property except for bona fide temporary absences;

(de) Dimensioned floor plans of the additional accessory dwelling unit shall be filed with the building permit or special permit application;

(ef)  No use or occupancy of the additional accessory dwelling unit shall be allowed prior to the issuance of a certificate of occupancy by the Building Inspector;

(fg)  The additional accessory dwelling unit shall meet the required setbacks for the primary structure of the applicable Zoning District and all other requirements for location on the lot applicable to the primary structure in the applicable Zoning District. and a A site plan, at a measurable scale, shall be submitted with the application to the Building Inspector showing the location of the additional accessory dwelling unit, and the location and arrangement of parking spaces on the property;

(gh) One parking space shall be provided for the additional accessory dwelling unit, except no parking space shall be required for lots within a half mile radius of a transit stop as specified in M.G.L. Chapter 40A Section 1A;

(hi) The property is served by Town sewer or, alternatively, the on-site subsurface disposal system is adequate to accommodate any increased flows generated by the additional accessory dwelling unit;

(ij) The additional accessory dwelling unit shall not be legally separated or sold apart from the single-family dwelling;

(jk) The additional accessory dwelling unit shall meet the height restrictions for primary and accessory structures in the applicable Zoning District as required in Section 6.2.11;

(kl) The total gross floor area of all buildings on the lot shall conform to the maximum floor area ratio as required in Section 6.2.13;

(lm) The single-family dwelling or the additional accessory dwelling unit shall not be used for a bed and breakfast or tourist home under Section 5.3.15, and;

(mn) Any additional accessory dwelling unit that is subject to a special permit recorded with the Middlesex South Registry of Deeds prior to September 2020 shall be exempt from the requirements in Items (a), (b), (g), and (l) of this Section 4.2.2.2 provided that the dimensions of the additional accessory dwelling unit conform to the dimensional requirements in the recorded special permit.

The Board may grant a Special Permit for relief for an additional accessory dwelling unit located on a legal nonconforming lot with less than the required minimum lot areasize or less than the required frontage for the applicable Zoning District, and/or an additional dwelling unit up to 1,000 gross square feet, and/or a reduction in the required setbacks for a detached additional accessory dwelling unit, provided that the Board finds that the desired relief may be granted without substantial detriment to the neighborhood and without derogating from the intent and purpose of this Bylaw.

Article Explanation

The Planning Board is proposing amendments to the first paragraph, current items (b), (g) and (m), and the last paragraph to clarify issues raised by the Building Commissioner during the permitting process for previous ADU applications. 

The remaining proposed amendments, increasing the square footage allowed by-right from 750 s.f. to 1,000 s.f. under Item (b), deleting Item (d) requiring either the ADU or the single-family dwelling to be occupied by the owner of the property, and changing the parking requirement, are proposed to comply with 2024 amendments to the State’s Zoning Act making ADUs meeting certain requirements a by-right use The change of the term “Additional Dwelling Unit” to ‘Accessory Dwelling Unit’ also is proposed to be consistent with State Law which now uses the term Accessory Dwelling Unit.

Article Motion

Mr. Boardman moves that the Town take affirmative action on Article 39 as printed in the Warrant.