ASHFIELD — Residents at Annual Town Meeting on May 2 will be asked to weigh in on a proposed protected-use accessory dwelling unit bylaw that would increase the maximum square footage for a by-right ADU from the 900 square feet set by the state’s Affordable Homes Act to 1,200 square feet.
Planning Board members explained during a public hearing last week that they cannot make the town’s version more restrictive than state law, but they can provide property owners more flexibility. Board members said increasing the maximum square footage of a by-right ADU — which would be allowed without the need for a special permit — to 1,200 would make ADUs more feasible for those looking to add multi-bedroom residences and make units Americans with Disabilities Act (ADA)-compliant.
“What’s key about that is we can’t do anything that is more restrictive than the state law itself, and so everything we’ve got is either a nuance or it is making the ADU bylaw less restrictive,” Planning Board member Adam Bright noted.
The bylaw begins by stating that the purpose of allowing protected-use accessory dwelling units is to support housing development, thus benefiting older homeowners who are looking to age in place, allowing homeowners to develop rental units and increasing the availability of moderately priced housing.
Bright said a small 900-square-foot ADU would be more suitable for short-term rentals and not long-term housing, which is what the Planning Board wishes to encourage.
“This was a yearlong process, so we went back and forth on a few things; this was one of them. The state law is limited to 900 square feet, and it also had a comment that [the ADU could not be] larger than half of the gross floor area of the principal dwelling,” Bright said. “We removed that and increased the square footage.”
Resident Faye Whitney asked for further clarification on why the board opted for 1,200 square feet, and if 900 square feet would still be possible, as she worried that a bylaw allowing 1,200 square feet by right could mean the construction of two-story ADUs in the village, which could tower over the yards of neighboring homes and block residents’ views.
Planning Board members said ADUs will still have to meet setback requirements and cannot abut the property line. Megan Rhodes, with the Franklin Regional Council of Governments, added that increasing the square footage would make it easier for owners to construct ADUs that feature wide hallways, showers with seating and other amenities that make housing more accessible to those in wheelchairs and older residents.
Planning Board members said they want to draft a short-term rental bylaw, too, but they thought it would be confusing for voters to be presented with a protected-use accessory dwelling unit bylaw and a short-term rental bylaw during the same Town Meeting. They plan to continue working on a short-term rental bylaw and present it to voters next year.
Board member Carter Carter added that the board does not want to ban short-term rentals and residents’ ability to use their properties to make money, and members especially do not want to make it difficult for farmworkers to find temporary housing for the season.
“As everyone who lives in town knows, we’re short on rental housing for local residents,” Carter said. “We want to prioritize that, but without putting people in a position where it would be unduly difficult for them to have something for farmworker housing or something like that.”
The proposed bylaw also includes provisions noting that protected-use ADUs must be built within 100 feet of the primary dwelling. Bright said this was done in an effort to protect the town’s rural character and its sprawling landscapes. The protected-use ADUs can be built more than 100 feet away from the primary dwelling with a special permit. Multiple ADUs on a single lot will also not be permitted.
Attendees at the public hearing asked about septic requirements and whether the energy stretch code would be applicable to ADUs. Rhodes said any ADUs would still have to meet building codes and health regulations, and she recommends checking with town counsel about the stretch code. She believes that, since the code is a portion of the state building code adopted by the town, its requirements will still apply to ADUs.
The full text of the bylaw can be read at ashfield.org/2155/Planning-Board or at the Town Clerk’s Office in Town Hall at 412 Main St.