Secondary housing is emerging as the next frontier in housing construction.

BOSTON — State housing officials began an outreach and education campaign Wednesday to city leaders about accessory dwelling units, as they prepare for zoning changes under the Affordable Care Act that take effect in February.

Staff at the Executive Office of Housing and Livable Communities say they are considering guidelines or regulations to issue to cities and towns to comply with Gov. Maura Healey’s priority bill, which she signed Aug. 6. The new law allows for the construction of ADUs under 900 square feet. Healey’s administration previously estimated the law could create more than 8,000 ADUs over five years.

Local governments will have the freedom to set a timeline for updating zoning regulations, and local boards will have to grapple with infrastructure challenges that could make ADU construction more difficult, Rural Policy Advisory Commission staff said Wednesday.

“Our first priority is to reach out to city officials and make sure they have the right answers and places to direct people with further questions,” said Chris Kluchman, director of the EOHLC’s Livable Communities Division. She said property owners are asking “a lot” of questions about ADUs.

EOHLC plans to hire an ADU coordinator next month, staff said. The office also launched an ADU website that previews legislative changes affecting municipalities starting Feb. 2.

Cities and towns will not be allowed to require owner-occupation of an ADU or primary residence or a special permit or discretionary zoning approval for the use or rental of an ADU. Municipalities also cannot require more than one parking space for an ADU located more than one-half mile from a commuter rail, subway, or bus station or ferry terminal, and cannot require any parking space for an ADU located less than one-half mile from these public transportation options.

“It’s not immediately effective. It has this six-month period where some communities can call a city council meeting or a town meeting before Feb. 2, but if your city or town doesn’t do it by Feb. 2, it’s not the end of the world and, you know, you can wait until, say, spring town meeting season,” Kluchman said.

“I don’t think there will be that many requests for additional housing units before the spring town meeting,” she continued. “But if there are, you just have to look at the bylaw and apply it. You can no longer enforce zoning laws that conflict with the bylaw.”

Local governing bodies will likely decide whether detached ADUs, including those in barns, can be connected to the primary residence’s utilities, Kluchman said in response to a question. She added that local boards of health and building commissions will have to address the drinking water and sewer needs of ADUs.

“Let’s say you have a three-bedroom septic tank and the ADU adds a fourth bedroom and there’s no way to improve the situation, you may need to do some retrofitting of the septic system,” Kluchman said.

Infrastructure challenges are particularly challenging in rural parts of the state, said Linda Dunlavy, a member of RPAC representing the Franklin Regional Council of Governments.

“I think the lack of sewer and water will be the biggest obstacle to making rural ADUs effective,” Dunlavy said, citing sewer regulations and cooperation with the Department of Environmental Protection.

“But I think one thing that RPAC should be thinking about, along with our colleagues in the legislature and perhaps our colleagues at HLC, is to start working with DEP on the Title 5 regulations themselves and see if there are some changes that can be made that will make it easier for rural residents who now have four- or five-bedroom homes and a sewer system big enough for four or five bedrooms, but only one bedroom is occupied,” she continued. “How can we deal with that instead of asking our residents to invest $20, $30, $50 (or) $100,000 to expand their sewer system?”

The ADU changes also give municipalities the opportunity to evaluate short-term rental policies. The Affordable Housing Act says cities and towns cannot “unreasonably restrict” the creation or rental of ADUs “that are not short-term rentals.”

“It’s written in the negative, but again, you would think that means the law gives communities the ability to regulate short-term rentals, accessory dwelling units, which are short-term rentals. I think I’m trying to be clear,” Kluchman said. “There’s more to that, but I just want to refer you to the language in the bill.”

Filipe Zamborlini, head of the EOHLC’s social services unit, stressed that officials intend to conduct a “very solid engagement process” in the ADU implementation process. The administration wants the ADU initiative to “yield positive results” and not “become just a tool in the toolbox that unfortunately is not being used,” he said.

“That’s the last thing we want in this case,” Zamborlini said.

Originally published: September 20, 2024 at 4:07 PM