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Planning Board Public Hearing – May 6, 2025

PLANNING BOARD PUBLIC HEARING

Monday, May 6, 2025 6:30PM
Town Hall // Zoom Meeting

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The Planning Board recommends the following changes to the zoning bylaw as required under Chapter 150 of the Acts of 2024 (The Affordable Homes Act) which went into effect on February 2, 2025, and in keeping with the updates and changes made by the Board of Health of Mount Washington MA vacation and short-term rental policies. This will be included among the articles in the warrant for our annual Town meeting on May 6, 2025.

ARTICLE

To see if the Town will vote to amend the Town of Mount Washington Zoning By-Law so as to bring it into compliance with certain provisions of the Affordable Homes Act, being Chapter 150 of the Acts of 2024, specifically those provisions relative to accessory dwelling units, or ADUs, under Sections 215-2 (B), 215-4 (C), 215-5 (B), 215-5(C) and 215-12 (E) that went into effect on February 2, 2025 (See Planning Board Exhibits A-H for details of amended language).

EXHIBITS – Modifications Related to Accessory Use or Structure as Required Under Chapter 150 of the Acts of 2024 – The Affordable Homes Act

  1. Section 215-2 B of the zoning bylaw currently reads:ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Accessory structures shall include, but not be limited to detached garages, barns, carports, sheds, treehouses, trash enclosures, private generators, ground-mounted solar installations, unenclosed decks, and pools (see §215-5 C). Accessory structures shall not include dwelling units, public utility structures, fences, or walls. Enclosed structures attached to a primary building shall be considered part of a primary building.The Board recommends the following change (indicated in bold and underlined):ACCESSORY USE OR STRUCTURE: A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Accessory structures shall include, but not be limited to detached garages, barns, carports, sheds, treehouses, trash enclosures, private generators, ground-mounted solar installations, unenclosed decks, and pools (see §215-5 C). Accessory structures and uses shall include attached and unattached dwelling units of 900 square feet or under. Accessory structures shall not include public utility structures, fences, or walls. Enclosed structures attached to a primary building shall be considered part of a primary building.
  2. Add the definition for Accessory Dwelling Unit under Section 215-2 B of the zoning bylaw to read:A secondary residential living space located on the same lot of a single-family home. The maximum size of an ADU is no more than half of the gross floor area of the principal dwelling, or 900 square feet, whichever is smaller.With the following sub-definitions (that come from our Board of Health – so both our Boards are consistent):
    1. Owner: A person who has legal or equitable title of property. An Owner can also be referred to as an Operator or Host.
    2. Owner-Occupied: A unit is considered Owner-Occupied if the Owner occupies the dwelling unit on the same property as a dwelling unit to be used for short-term rental, more than 26 weeks per calendar year. This can also be referred to as a primary residence.
    3. Short-Term Rental or Vacation Rental: The rental of a room or unit, in an owner-occupied property as a primary residence, through the use of advanced reservations for a period of time not more than 31 consecutive days.
  3. The Board recommends the following change to Use Regulations 215-4 C Permitted Uses by Right; Permit Required from the Building Inspector. Uses which shall be permitted after issuance of a permit from the Building Inspector.
    1. Update point 6: Accessory Dwellings in a Principal Residential Structure or in an Accessory Structure. Building Permit Required (see 215-12E).
    2. Delete point 7.
  4. The Board recommends a change to 215-5 B Table of Dimensional Requirements – Accessory Structures – Maximum square footage of any accessory structure to be increased to 900 square feet (from 800 square feet).
  5. The Board recommends the above change in maximum square footage for an accessory structure to also be updated in sections 215-5 C General Dimensional Requirements 3.
  6. The Section 215-12 E General Regulation /E Accessory Apartments in a Principal Residential Structure / Statement of Purpose currently reads:Statement of Purpose. For the purpose of (a) providing small additional dwelling units without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options, and (c) enabling owners of single family dwellings larger than required for their present needs to share space and the burdens of home ownership, an accessory apartment in a principal residential structure shall be allowed by-right with a Building Permit from the Building Inspector, provided that each of the following conditions is met:The Board recommends adding an additional point d to the above: (d) enabling owners of a single-family dwelling unit to use an unattached accessory structure as a dwelling unit, Accessory Dwelling Units (ADU’s) shall be allowed by right with a building permit from the Building Inspector […]
  7. The Board recommends the following additional changes to Section 215-12 E General Regulation /E Accessory Apartments in a Principal Residential Structure / 2 Conditions:
    1. Point b to be removed.
    2. The Board recommends adding the following as point b to Section 215-12 E General Regulation /E Accessory Apartments in a Principal Residential Structure / 2 Conditions:
      The maximum size of an ADU is no more than half of the gross floor area of a principal dwelling, or 900 square feet, whichever is smaller. Only one ADU may be established per property. Additional ADU’s shall require a Special Permit.
    3. Point c to be removed.
    4. The Board recommends adding the following as point c to Section 215-12 E General Regulation /E Accessory Apartments in a Principal Residential Structure / 2 Conditions:All Short-Term Rentals require a permit from the Board of Health.
  8. Section 215-12 E General Regulation /F Short-Term Rental point 1 and 2 currently read:A Short-Term Rental shall be the rental of a room or unit, in property occupied by an owner as a primary residence, through the use of advanced reservations for a period of time not more than thirty-one (31) consecutive calendar days in a twelve (12) month period.

    Operators of Short-Term Rentals shall register with the Mount Washington Board of Health and comply with all regulations promulgated by the Mount Washington Board of Health, the Mount Washington Zoning Bylaws, the State Building Code and the Commonwealth of Massachusetts.

    The Board recommends the following changes (in accordance with Board of Health definitions and changes recommended under B of this memo):

    The rental of a room or unit, in an owner-occupied property as a primary residence, through the use of advanced reservations for a period of time not more than 31 consecutive days. A unit is considered Owner-Occupied if the Owner occupies the dwelling unit on the same property as a dwelling unit to be used for short-term rental, more than 26 weeks per calendar year. This can also be referred to as a primary residence.

    Operators of Short-Term Rentals shall obtain a permit from the Mount Washington Board of Health and comply with all regulations promulgated by the Mount Washington Board of Health, the Mount Washington Zoning Bylaws, the State Building Code and the Commonwealth of Massachusetts.