Accessory Units Subject to State Law

Marion’s Affordable Housing Trust held its monthly meeting on Tuesday night.

            Chairperson Eileen Marum called the meeting to order and asked for comments on the minutes of the previous meeting. These were unanimously approved as written, and the group proceeded with the scheduled agenda items.

            The first of these was an update and in-depth discussion on the recently passed state law, the Affordable Homes Act, and how the town will integrate its requirements, particularly on Accessory Dwelling Units (ADU’s).

            Member Toby Ast reported that the new law supersedes town bylaws and regulations and highlighted some of the specific changes to expect, based on an assessment by outside counsel KP Law.

These included: Towns may not restrict the number of occupants, require that occupants of an ADU be relatives, or require more than one parking spot for an ADU; towns may put restrictions on short-term rentals or require site-plan reviews; and towns must require a cash bond from residents seeking to appeal a decision on an approval of their proposed plans.

            ADU’s will be considered “as of right” to build and not require special permits.

            The Marion Codification Committee has reviewed the report and made recommendations.

            There was a discussion on what the maximum size of an ADU should be. The state law does not specify, while the existing town limit is the lower of 1,200 square feet or 50% of the area of the existing home. The Codification Committee’s recommendation is 900 square feet, which AHT members consider to be too small.

            Next steps include meeting with the Codification Committee on Thursday, October 3, at 12:00 pm to review changes proposed by the Affordable Housing Trust. Once reviewed and approved, the town’s modifications will go to the Planning Board, then to Town Meeting for approval by residents and ultimately to the Attorney General for finalization.

            The meeting adjourned at 6:40 pm. Topics at the next meeting of the Affordable Housing Trust will include brainstorming on targeting CPC funds, updates on the 78 Wareham Street and Heren Cove projects and agenda items.       

The next meeting of the Marion Affordable Housing Trust is scheduled for Tuesday, October 8, at 6:00 pm at the Police Station, 550 Mill Street.

Marion Affordable Housing Trust

By Mary McCann-Fiske

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