Massachusetts lawmakers are banking on accessory dwelling units (ADUs) to help tackle the state’s housing crisis, one in-law suite at a time. The recently signed Affordable Homes Act paves the way for these secondary dwellings statewide, potentially easing housing shortages. However, the clock is ticking for cities and towns to amend their zoning bylaws to align with the new state law by February 2.

In Berkshire County, only three of the 21 towns with ADU bylaws currently comply with the new legislation. The remaining municipalities face a daunting task of revising their zoning laws, a process fraught with questions and ambiguities yet to be clarified by the state. Cornelius Hoss, a community planner, notes the challenge, especially for volunteer planning boards with limited resources.

Despite the state law superseding local bylaws, failure to amend them could hinder towns’ abilities to regulate ADU construction and rental. Hoss emphasizes the importance of implementing “reasonable” restrictions, such as additional size limitations or site plan reviews.

Understanding ADUs

ADUs, also known as “granny flats” or “in-law apartments,” are secondary dwellings with their own facilities on the same lot as a principal dwelling. Massachusetts Housing Secretary Ed Augustus describes them as “low-hanging fruit” for quick housing solutions.

The new law standardizes ADU definitions and restrictions, prohibiting special permits for single ADUs and limiting their size to half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller. Only Great Barrington, Williamstown, and Lanesborough currently meet these criteria.

Incentives for Amendment

While towns are not obligated to amend their bylaws, doing so allows them to tailor restrictions, such as short-term rental limitations, to local needs. Alexandria Glover, a civil litigator, warns that failing to update bylaws could lead to confusion and outdated regulations.

Lenox, for instance, plans to amend its zoning bylaw by May, removing the special permit requirement and adjusting size limitations. However, the town grapples with concerns over short-term rentals and absentee landlords.

Waiting and Watching

Some towns, like Florida, are adopting a “wait and see” approach, allowing the state law to take effect without immediate local amendments. This strategy buys time to gauge community opinion and receive further guidance from the state.

As municipalities across Berkshire County navigate these changes, they share a sense of urgency and anticipation. The original article from The Berkshire Eagle highlights the complexities and opportunities presented by the Affordable Homes Act, prompting a reevaluation of housing strategies in the region.