The Affordable Homes Act, Chapter 150 of the Acts of 2024 (the “AHA”), amends Chapter 40A to require municipal zoning bylaws to allow accessory dwelling units (ADUs), defined in the statute, as-of-right. Protection under the Dover Amendment, G.L. c. 40A, §3, is extended to ADUs. When the amendment to G.L. c. 40A, §3, takes effect next year municipalities will be prohibited from enforcing zoning bylaws which require special permits for, or otherwise unreasonably restrict the establishment of a single ADU on land in a single-family residential zoning district. In essence, every lot in a single-family district will become eligible for the siting of an ADU, with only limited local regulation permitted by law. Municipalities will not be permitted to require owner occupancy for an ADU or the associated principal dwelling, or to require more than one additional parking space per ADU (and no additional parking if the ADU is within ½ mile of a public transit station).
Importantly, the amendment preserves the right to reasonable local regulation which incudes, but notably is not limited to, the following:
310 C.M.R. 15.000 (Title V)
Site Plan Review
Dimensional regulations including setbacks, and bulk and height requirements
Prohibitions on use of the ADU as a short-term rental
Separately, Section 5 of the AHA addresses so called “seasonal communities” in which a significant portion of housing is occupied by seasonal residents only—where the new legislation defines “year-round housing” to meaning housing occupied as a primary residence for not less than 10 months in a year. The Secretary of the EOHLC will be required to make seasonal community designations for certain municipalities found in Barnstable, Berkshire, Dukes, and Nantucket counties (those with a high percentage of seasonal housing stock) and may designate other municipalities as seasonal communities as well. A Town designated as seasonal community must accept or reject such designation by a vote of Town Meeting. The vote is consequential as the designation comes with a number of privileges but also includes regulatory obligations. A seasonal community may accept and hold land use restrictions that limit housing to use for “year-round housing. Such municipalities may also pursue a number of other measures designed to target the development of housing for year-round residents including the establishment of a Year-Round Housing Trust Fund—which appears to operate similar to an Affordable Housing Trust Fund. Seasonal communities must adopt by-laws to permit the construction of “tiny houses” (“a detached structure containing a dwelling unit containing 400 square feet or less in floor area, excluding lofts”) to be designated for use as year-round housing units and which meet all requirements of the state building code and local building code.
EOHLC must adopt implementing regulations no later than December 15, 2024. We will report further when they are released.
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