HANSON – Town Planner Anthony DeFrias discussed with the Select Board on Jan. 14, the accessory dwelling units amendment to the town’s bylaw, which would to bring Hanson into alignment with new state legislation involving Section 3 of the Zoning Act, aimed at improving housing affordability in Massachusetts.
The board voted 4-0 to accept the proposed bylaw amendment, and forwarding it to the Planning Board for their recommendation. Member Joe Weeks was absent.
Approved almost six months ago, the legislation goes into effect on Feb. 2. Hanson’s public hearing will be Jan. 27, putting the town ahead of the Feb. 2 enactment date of the law.
If the town has a public hearing and notice before that date, anyone coming to the town for an accessory dwelling unit will follow these new bylaws until such time as they are approved at Town Meeting.
“If we do not have something in place, our current bylaw will become null and void on Feb. 2 and, in essence, we will not have any bylaw,” DeFrais said. “We’re doing this to be pre-emptive and protect the town.”
With the regulations in place, the town can go through the process of putting it before the Town Meeting in May for approval, according to DeFrais. As part of that process the Planning Board is asking the Select Board to consider the bylaw, and send it back to the Planning Board for a report. The Select Board would then hold a public hearing and make any amendments, adjustments or edits as it has in the past with other bylaw changes.
Town Counsel prepared the language for the Planning Board request.
“Currently, as our bylaw stands, accessory dwelling units, whether attached or detached – attached, under our definition of ‘in-law apartments,’ detached would be a separate structure on the site that would be a dwelling,” he outlined. “We require that a special permit process be followed to obtain permits for an in-law apartment and a detached accessory dwelling through the Zoning Board of Appeals.”
The new legislation changes that process to an “as-of-right building” process.
“A person will be able to, as-of-right, apply for an attached or detached accessory dwelling unit,” he said.
Chair Laura FitzGerald-Kemmett asked if the bylaw change would come under the purview of the Planning Board or ZBA going forward.
“I do like the idea of more consistency,” she said. “I think they could be a wonderful attribute if done properly.”
DeFrias said it would come under the ZBA purview.
“One of the things that we are asking for is that there be a site plan review required, so it’s not just a wild west show,” he said. “It wouldn’t be a situation where the ZBA would just shoot it down, but they could condition it, and it also gives the abutters the ability to come in and know what’s going on in their neighborhood and have some input.”