Chair Kate Fletcher introduced the agenda item, the Affordable Home Act (AHA), passed by the Commonwealth early in August 2024. She said AHA will go into effect the first week in February giving the PB a short deadline requiring some speed. She wished the Commonwealth would extend the deadline set for local boards to review and comment on the legislation but gave no indication why PB waited two months to begin the review process. 

Fletcher then turned the meeting over to Town Administrator Michael Canales who reported on his work reviewing AHA and comparing it to our local bylaws. Here is his report.

Affordable Homes Act (AHA)

The Affordable Homes Act (AHA) introduces significant changes that affect local zoning bylaws, including those in Stockbridge.

Accessory Dwelling Units (ADUs):

1. ADUs as By-Right:

The AHA mandates that ADUs (as defined in the statute) must be allowed by-right in single-family zoning districts, removing the need for special permits or discretionary zoning approval. In contrast, Stockbridge’s zoning bylaws currently require a special permit for multi-family dwellings and conversions of single-family dwellings into multi-family units. This new law overrides local restrictions for the first ADU on a property.

2. Parking Requirements:

The AHA limits additional parking requirements for ADUs to one space, and no additional parking is required if the property is within 1/2 mile of a public transit station. Stockbridge zoning bylaws, however, currently require two parking spaces per unit for multi-family uses. This new law will override those requirements for ADUs.

3. Owner-Occupancy and Rental Restrictions:

The AHA prohibits municipalities from requiring owner-occupancy or banning ADUs from being rented (except for short-term rentals). Stockbridge’s current zoning bylaw does not include specific ADU regulations for short-term rentals, but the town has restrictions for short-term rentals in the general bylaws, ARTICLE XXXI, 4.2, which could apply more broadly.

4. Dimensional and Site Plan Regulations:

Stockbridge’s zoning bylaws allow for regulations related to size, bulk, height, and setbacks, and the AHA continues to permit these controls. Stockbridge can still regulate ADUs through site plan reviews to ensure compliance with local dimensional standards. However, guidance from EOHLC issued for similar legislation (the MBTA Communities Act) indicates that the site plan review for development covered by the new legislation cannot be more onerous than existing site plan review requirements. I expect that EOHLC would take the same position for site plan review applied to ADUs.

The AHA sets a maximum ADU size of 900 square feet or half the gross floor area of the principal dwelling, whichever is smaller. In contrast, Stockbridge’s bylaws establish a minimum size of 300 square feet for one dwelling unit. This creates both a minimum and maximum size for by-right ADUs in Stockbridge.

5. Second ADU:

The AHA requires a special permit for any additional ADU beyond the first on a single-family lot. This aligns with Stockbridge’s existing practices for special permits for multi-family dwellings.

In summary: The AHA will require Stockbridge to adjust its zoning bylaws to allow ADUs by-right, reduce parking requirements, and remove owner-occupancy and rental restrictions.

Adjacent Lots under Common Ownership:

Section 10 of H. 4977 amends the Zoning Act to prevent adjacent lots under common ownership from being treated as a single lot for zoning purposes, provided the lots meet specific criteria.

1. Adjacent Lots Not Merged:

Stockbridge’s existing zoning bylaws assume that adjacent lots under common ownership may be treated as a single lot in some cases, especially when nonconformity is involved. The new law prevents this, ensuring that adjacent lots meeting the following criteria retain their individual status:

• Conformed to zoning requirements at the time of recording,
• Located in a single-family residential district,
• Contain at least 10,000 square feet and 75 feet of frontage.

2. Restrictions on Home Size and Use:

The AHA limits homes built on such lots to 1,850 square feet of heated living space, requires a minimum of three bedrooms, and prohibits their use as seasonal homes or short-term rentals. These rules override local restrictions.

In summary: This law overrides Stockbridge’s previous practices, preventing automatic merging of adjacent lots and adding restrictions on home size and use.

Seasonal Community Designation:

The AHA introduces the concept of Seasonal Community designation, which could affect Stockbridge’s zoning if accepted.

1. Designation:

Communities, in Berkshire County, with at least 40% seasonal housing units are automatically designated as Seasonal Communities. Stockbridge by Town Meeting vote can either accept or decline this designation.

2. Housing for Municipal Employees:

Stockbridge could create a year-round housing trust fund to provide affordable housing for municipal employees. This fund could be established independently or with other towns, requiring the town to amend its bylaws to allow for this type of housing.

3. Tiny Homes:

Seasonal Communities must adopt bylaws that allow for the construction of tiny homes (400 square feet or less, excluding lofts). Stockbridge’s current bylaws do not address tiny homes, so the town would need to adopt provisions for them, particularly on undersized lots, while prohibiting their use as seasonal or short-term rentals.

4. Attainable Housing on Undersized Lots:

The AHA requires Seasonal Communities to allow for attainable year-round housing on undersized lots, provided they are not used for seasonal homes or short-term rentals.

5. Real Estate Tax Exemption:

Seasonal Communities may increase the real estate tax exemption for principal residence owners from 35% to 50%, shifting the tax burden from year-round residents to owners of seasonal or higher-valued homes.

In summary: If accepted, the Seasonal Community designation would allow Stockbridge to develop year-round housing for municipal employees and adopt tiny home regulations. Under AHA, whether the seasonal community designation is accepted or not, there will be updates to our zoning bylaws as described above.