WHITMAN – The Select Board on Monday, Dec. 2 voted to refer a proposed amendment of a town bylaw governing accessory apartments in town (Sec. 240-616 accessory apartments) to town counsel and the Planning Board.
The bylaw change would, according to ZBA Chair John Goldrosen, would allow town counsel to review it and refer the issue back to the Planning Board so it can schedule a hearing on the amendment, Goldrosen said.
Planners are moving quickly on the issue because the state law’s provision takes effect on Feb. 2, but the Planning Board can place an advertisement in the newspaper by the end of January, making everyone subject to the bylaw, even though it cannot be acted on until the May Town Meeting.
“That’s why we moved quickly on this,” Goldrosen said.
The reason behind it is to encourage more housing units, Goldrosen pointed out in response to a question by Select Board Vice Chair Dan Salvucci. He added that the measure covers not only such housing space within a structure, but also free-standing structures on a property.
He said his concern about that centers on the fact that the present zoning bylaw allows accessory buildings – such as storage sheds – to be within 10 feet of a property line because it was written without consideration that they might be occupied.
“Well, now they might be occupied,” he said, noting they want to ensure proper setback requirements are placed on such uses.
While the amendment is still subject to some changes after public hearings and as the state is supposed to issue regulations and guidelines to clear up some ambiguities in the state law, which has not been done that yet, according to Goldrosen.
“They haven’t done that yet, but they will in the next couple of months,” he said “The town already has an accessory apartment bylaw, which allows, by special permit, apartments within a house to be used by members of the family – you could call it an in-law apartment.”
However, the state recently passed a new statute, which requires towns to accessory dwelling units, not limited to members of a homeowner’s family and not requiring a special permit.
“Unlike the MBTA Communities Act, where there was town action required, this simply overrides any local laws and doesn’t require town action, but the state does allow certain, limited regulation and the purpose of this proposed bylaw is to take advantage of that,” Goldrosen said.