By DAN TOMASELLO
LYNNFIELD — A proposed housing bill from Gov. Maura Healey includes a provision that would allow in-law apartments to be built by right in single-family zoning districts.
The Healey-Driscoll administration unveiled the $4 billion “Affordable Homes Act” last month as part of an effort seeking to jumpstart housing production across the state.
“This multi-pronged approach includes $4 billion in capital spending authorizations, 28 substantive policy changes or initiatives, three executive orders and two targeted tax credits,” Healey said in a statement. “All are directed at reducing barriers to the production and preservation of housing, and giving communities the tools to develop more housing where they need it. The majority of the spending will have benefits for moderate and low-income households.”
The bill would allow accessory dwelling units (ADUs), which are more commonly referred to as in-law apartments, to be allowed by right in single-family zoning districts across the state. The proposed bill would allow ADUs to be up to 900-square feet, and would include some restrictions.
Healey-Driscoll administration officials said the permitting reform could lead to the production of as many as 10,000 units in five years, which is when experts say the state needs an additional 200,000 housing units to meet current demand.
Planning and Conservation Director Emilie Cademartori said the town’s Zoning Bylaw stipulates that, “ADUs in Lynnfield are limited strictly to in-law apartments intended for a family member.” In order for a homeowner to construct an in-law apartment for a family member, she said they have to receive a Special Permit from the Zoning Board of Appeals.
“If ADUs will be allowed by right, then no Special Permits would be required,” said Cademartori. “It would only require a building permit, but they would still need to meet zoning setbacks. I do not think the town would have any control over who lives in the unit, but I believe the proposal would allow the town to regulate some aspects such as whether it is attached to the existing home or built as a stand-alone building. I think it is important for people to understand that the majority of properties in town do not have adequate septic capacity to support ADUs, so I do not believe that the governor’s bill would have a significant impact on Lynnfield.”
Building Inspector Joe O’Callaghan concurred with Cademartori’s viewpoint.
“Where Lynnfield is 98 percent on private septic systems, I don’t think that Gov. Healey’s proposal would have a strong effect here unless she got the Massachusetts Department of Environmental Protection to loosen restrictions in areas such as buffer zones around public drinking water supply areas and the Groundwater Protection District,” said O’Callaghan.
O’Callaghan noted that properties located west and northwest of Main Street as well as most properties north of Essex Street are located in the Groundwater Protection District.
“Many of these properties, especially nonconforming lots, would not be able to get an approval for an ADU because of septic limitations,” said O’Callaghan.
The Massachusetts Municipal Association (MMA) wrote on its website that it opposes the proposed ADU change.
“The MMA is opposed to this potential preemption of local zoning decision-making and will be raising these concerns as the bill makes its way through the legislative process,” the MMA stated.
O’Callaghan told the Planning Board last March that he wants to update the town’s Accessory Apartments in Residential Districts Bylaw. While the proposed zoning change was not brought forward to Spring Town Meeting in April or Fall Town Meeting in October, O’Callaghan is looking to have Town Meeting to vote on the change next year.
“I would like to get the ADU Bylaw changed at the April Town Meeting if possible, but zoning changes are usually done at Fall Town Meeting,” said O’Callaghan. “The change I’m proposing is still very restrictive and an ADU would still need ZBA approval, but it would allow an applicant to put an addition on their existing structure up to an agreed upon square footage. I’m proposing up to 750-square-feet and one bedroom only for the unit. Currently, homeowners get a permit for an addition, and then come back six months later to the ZBA for the in-law unit. Nothing in the bylaw states this cannot be done. My proposal also allows me to do a yearly inspection of the ADU to be sure it is being used properly.”
While the MMA opposes the governor’s proposed ADU change, Chair Brian Charville said the Planning Board is open to Healey’s proposal.
“The Planning Board has been and remains very interested in reasonable changes to law that encourage diverse housing options in town that are right for Lynnfield,” said Charville in an interview with the Villager.
Planning Board Vice Chair Kate Flaws, who works as an attorney and is an expert in elder law, said updating the town’s ADU Bylaw is long overdue.
“The town has an Accessory Dwelling Unit Bylaw on the books right now, but it doesn’t really function because it allows units to be constructed for one person to live in and that person can only be the parent of the owner of the house and/or the resident who lives in the house,” said Flaws in an interview with the Villager. “We have heard that people have constructed ADUs and the building inspector is concerned because since it is such a narrow and allowable use, they don’t get inspected. It’s a safety hazard because they are not getting inspected. We know that this is already happening, so let’s allow it to happen in a way that is safe for everybody.”
Flaws said she supports changing the ADU Bylaw in order to allow additional family members to live in them.
“For the government to say your mother can live there but your disabled sister cannot is bizarre,” said Flaws.
Flaws also said she supports allowing people who are not family members to rent an ADU because it will allow homeowners to pay for additional expenses such as dental care or a new roof.
“We have an aging population across the state, and it isn’t feasible for everybody to move into a condo after selling their house when condo prices are through the roof,” said Flaws. “And for people on fixed incomes, it is often not a good idea. People have to live somewhere. It would provide an income stream for elders. There are a lot of reasons why someone on a fixed income might need an additional income stream. To say you can’t use your property the way it works best for you is really unfair.”
Cademartori and O’Callaghan both said they have yet to discuss Healey’s proposed ADU change with either Town Administrator Rob Dolan or the Select Board. O’Callaghan added that he sent a draft of his proposed bylaw change to Dolan and the Select Board “awhile back.”
— The State House News Service contributed to this report.