Zoning Changes to Allow Accessory Dwelling Units Under Discussion By City Council and Planning Board
The new ordinance will allow property owners to use spaces like this one, which is currently under construction, as ADUs
Last August, Governor Maura Healey signed the Affordable Homes Act, which requires all cities and towns in Massachusetts to allow Accessory Dwelling Units (ADUs) in all areas that are zoned for single-family homes. On Monday night, the Melrose City Council and Planning Board held a joint meeting to discuss proposed changes to Melrose’s zoning ordinance to comply with the new state law, which took effect at the beginning of February.
An ADU is a small housing unit (less than 900 square feet) that is on the lot of a larger single-family home or multi-family building, and can house a family member or someone who is unrelated to occupants of other units on the lot. An ADU can be on a single floor of a larger building, in an addition, or in a free-standing structure on the lot.
The new state law only relates to the zoning ordinance, which are the city's laws that relate to what property owners can do with their land in different sections of the city. If a property owner wants to do something with their land that isn’t in the zoning code, they need to go before the Planning Board or the Zoning Board of Appeals (ZBA), which can approve or deny the request. The new law does not affect the building code, which are rules for how buildings can be constructed or altered.
Different types of ADUs
From the Executive Office of Housing and Livable Communities
Previously, the Melrose Zoning Ordinance had a provision for in-law apartments, which had to be occupied by someone related to the owners of the primary residence. This section will be replaced by the new section on ADUs. Currently, there are 31 in-law apartments in Melrose that were created under the previous rules.
Lori Massa, the Director of the Office of Planning and Community Development, noted that ADUs are discussed in Melrose’s Housing Production Plan, which was published in 2022. The Housing Production Plan states that ADUs “provide an important opportunity to create more affordable options for those in Melrose experiencing the most housing insecurity, such as seniors and people with disabilities.” Massa shared that ADUs can help provide a wider range of housing options in Melrose, are likely to be more affordable due to their smaller size, and can increase the housing stock without changing the character or form of neighborhoods.
“But regardless of whether you think ADUs are a good idea or not,” she went on, “we have to allow for them under state law.”
Under the new state law, ADUs are less than 900 square feet or half the size of the largest unit on the property, whichever is smaller, and they must have an entrance that is separate from other units. Currently, Melrose plans to allow for only one ADU per lot.
The state law dictates that additional parking cannot be required for ADUs that are built within half a mile of a bus stop or commuter rail station, which is true of almost every lot in Melrose. “We set a maximum of one additional parking space per ADU, so people won’t be paving excessively,” said Massa. “We don’t want to have a lot more cars in Melrose for these small accessory units.”
From the presentation made by the Office of Planning and Community Development on Monday night
Massa’s office proposed some design standards, which are allowed within the new law, including that stairs cannot be built on the front of a building to an ADU's entrance, and if the ADU is in a detached building, the design elements and detailing must be equal to or better than those in the primary building, although they can be in different styles. The proposed standards also limit the height of detached ADUs to 16 feet, and include requirements for how far they must be set back from a neighboring property.
While the proposed rules set a maximum size for ADUs, they allow for property owners to apply for a special permit to convert existing buildings that don’t fit the requirements into an ADU. “We have some interesting carriage houses, historic properties,” Massa explained, “and it might be a great use to have somebody living there and incentivize the property owner to be able to fix it up, because they would have income.”
From the Melrose Office of Planning and Community Development
Discussion within the City Council and Planning Board focused mainly on the proposed rule that ADUs “shall not be used for temporary lodging.” Councilor Ward Hamilton expressed concern that, “instead of creating much needed housing opportunities,” residents might “create little cottage industries next to their house” through AirBnB or similar sites. Short-term rentals are not mentioned in the existing zoning ordinance, although there are currently a number of Melrose properties listed on AirBnB.
“There isn’t a huge demand for short-term rentals and it hasn’t risen to the level of being an issue, so we haven’t over-regulated it,” explained Massa. “We don’t have a lot of tourists coming directly to Melrose.” Planning Board Chair Greg Sampson noted that “short-term rental as a zoning issue is an emerging issue,” especially in more typical vacation destinations like Nantucket or Cape Cod. “Part of the reason we haven’t really addressed it,” he went on, “is it’s still developing as case law in Massachusetts.”
Councilor Robb Stewart expressed concerns that property owners might attempt to build ADUs on their own, without regard for building code, or that the new rules might encourage unsafe situations like putting too many occupants into a small unit. Massa noted that while rules about complying with building code, obtaining building permits, and fire codes aren’t part of the zoning ordinance, they still apply to all structures in the city, regardless of use. “There are, I’m sure, a lot of illegal apartments right now,” she said, “and the hope is, when you legalize something, that people are going to go through the proper channels because it’s legal, versus just doing it illegally as they’re doing now. If they’re going to do something illegally, they’re going to do it, and we’ll respond if there are complaints.”
Massa’s office also proposed making a change to the zoning ordinance, which was recodified last summer and fall, to clarify basement height, so that new buildings can’t get around maximum height restrictions if a lot is sloped and part of the basement is actually above ground.
The Planning Board and the City Council will each discuss the proposed changes, and the City Council must vote on the final proposal by May 11th.
“While this is coming down from the state and we are mandated,” Councilor Manjula Karamcheti said of the new rules on ADUs, “there really is a housing crisis, and there are a variety of needs for a variety of individuals and families.” She brought up her own aging parents, who might at some point come to live with her family, or her teenage children, who might come back to live at home at some point. “I want us to be very careful about making assumptions about individuals,” Karamcheti went on, “and how they might utilize these ADUs.”
To learn more about the proposed zoning amendments, visit the Office of Planning and Community Development's website.
Follow Us: