Newton’s Zoning and Planning Committee (ZAP) met on Monday to discuss final amendment updates in the accessory dwelling unit (ADU) ordinance to achieve compliance with the Affordable Homes Act.
The new zoning law took effect on Feb. 2 and with it, the sections of Newton’s ADU ordinance that were already compliant. Several aspects of the ordinance, however, needed to be amended to reduce confusion and inconsistency with the law, explained Jaclyn Norton, ZAP committee clerk.
“This is an attempt to sort of organize and summarize the decision that the committee needs to weigh in on this evening in order to put together a cleaner version of the ordinance for votes at the next meeting,” said Norton.
On Feb. 26, ZAP held a public meeting for Newton residents to discuss the updates necessary to bring the ordinance into compliance, as well as the two additional amendments not required by the new state law.
The first amendment would increase the maximum size for by-right ADUs from 900 square feet for detached ADUs or 1,000 square feet for internal ADUs to 1,200 square feet.
The second non-state-required amendment would remove the requirement for existing carriage houses to be at least 15 feet from neighboring residential buildings and allow historic carriage houses in local historic districts to convert to ADUs with approval.
Norton reviewed several of the changes needed for accordance with state law.
One required amendment is a slight change in how the maximum ADU area allowed is measured, explained Norton.
“So we currently measure based on habitable space and 30 percent of the principal dwelling,” said Norton. “It’s now based on the state’s definition of gross floor area and up to 50 percent of the principal dwelling unit.”
ZAP committee members also offered comments on the possibility of removing owner-occupancy requirements.
“One change is removing owner occupancy requirements at least for by-right ADUs,” said Norton. “Applying occupancy limitations such as association of persons to each unit separately rather than combined.”
Ward 7 Councilor Lisle Baker explained that he preferred requiring a special permit for the owner occupancy, as opposed to being by-right as the law currently states
“I think the owner occupancy idea has been an important asset to the community,” Baker said. “It does have someone on site who can look after the unit and make sure that the impacts
on neighbors and things like that are well taken care of rather than an absentee landlord.”
Ward 5 Councilor-At-Large Rena Getz agreed that the owner occupancy requirements should be removed for by-right ADUs, but she emphasized the need for communication.
“Even at a minimum, we need to put that in the criteria for the special permit so that it’s understood when someone’s reading through that that’s a possibility,” said Getz. “You need to know that that’s been a potential outcome in terms of going for the special permit.”
Getz also stated that ZAP should consider neighboring communities’ actions on this amendment.
“Owner occupancy is currently required in Boston,” said Getz Escudero. “So, I think of it as I need to look around and see what other communities are doing so that I get a sense of what the landscape is.”
The final vote on the ADU ordinance is set for the next ZAP meeting on March 24.
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