By Dolores Sauca Lorusso

A proposal to allow Accessory Dwelling Units (ADUs), a floodplain district bylaw, and zoning changes to comply with the MBTA Communities law were the three zoning changes for the spring town meeting discussed at the planning board public hearing on March 13.

MBTA Communities Law

To comply with the MBTA Communities Law, Hull is required to provide zoning capacity to produce 586 multi-family units by right, at a density of 15 units per acre, while also having no age restrictions. Although the land must be developable, it cannot be owned by the town or located in a floodplain.

Town Planner Chris DiIorio said “like the floodplain bylaw, the MBTA Communities bylaw was proposed courtesy of a higher level of government.” The law was enacted in January 2021 to encourage the construction of housing near transportation lines. Cities and towns that do not adopt zoning changes risk losing access to grant money through programs such as MassWorks, Housing Choice funding, the Local Capital Projects Fund, and other grants.

“It started as three grants we would not qualify for if we did not comply; it has expanded to 15 and out of those, there are five we use consistently,” said DiIorio.

Grant eligibility is safe until December 2024, at which time commuter rail and “adjacent” communities like Hull must comply with the new regulations.

Patrick Finn, chair of the zoning board of appeals, said “Commonwealth MassWorks road grants paid for all the new road work completed on Nantasket Ave… a lot of money.”

According to DiIorio, with a district-wide gross density of 15 units per acre, zoning districts can include use restrictions and intensity limits, such as setbacks and height limitations. By-right uses can also be subject to site plan review standards.

“There was a lot of back and forth with the state and Hull received some relief…Initially the boundary was 50 acres, they reduced it to seven for us, but did not reduce the unit number (of 586). They also removed the requirement of being within a half mile of the ferry terminal,” said DiIorio.

The proposal is a mapping change to zones so that larger developments that already exist, such as Ocean Place and Seawatch condominiums, can help Hull meet the requirements, as well as land off Worrick Road near West Corner.

“This (proposal) does give a plan that causes the least amount of change; what is at stake is grant money, Milton is already losing it,” said planning board Chair Meghan Reilly.

Member Steve White pointed out “some inconsistencies” are being exposed by the town of Milton’s challenge to the requirement that towns comply with the law.

“In passing this, we could be ahead of resolution then we are stuck; we lose the chance to make a better rule…the HRA land won’t count, we need to amend for a town like ours,” he said.

“There has been a ton of pushback, no waivers are being given to any town…in my eyes we have done more than the fair share of creating multi-unit developments,” DiIorio responded.

The planning board suggested that the town planner present a calculation at town meeting of all the grant money the community stands to lose if the zoning changes are not enacted.

DiIorio said the planning department hopes to hear back from the state within the month. If deemed compliant, the zoning changes will be presented to town meeting in May.

Resident Lisa French said she would like to see “the planning board and other boards in Hull make a statement to fight together on this, for what they rationally already acknowledged doesn’t make sense…I don’t think we should be forced to do something not good for the town.”

“What happens if we change the zoning then the state comes back and says, now we have to build?” said resident Susan Mann. “I am nervous once we open the door we can’t close it.”

“If you zone it, the developers will build. It is disingenuous to say otherwise,” said resident C. Anne Murray.

Accessory Dwelling Units (ADUs)

Based on the recommendation at May 2023 town meeting, the planning board, along with the zoning bylaw committee and the zoning board of appeals, has been working to revise a proposed ADU bylaw.

The purpose of the ADU bylaw is to provide affordable housing that meets the changing needs of the community while offering owner occupants of single-family homes a means of remaining in their homes.

Planning board member Jeanne Paquin said she has been thinking a lot about this bylaw in reference to a state law that would allow ADUs by right, unlike the town proposed bylaw, which would require a special permit.

“There is also no owner-occupied requirement [at the state level], which is particularly damning to our town…if the town has some regulation in place, we may be able to carry it forward,” she said.

The planning board discussed changes to “simplify” the bylaw, such as removing the requirement that the unit must be occupied by a family member and that it must be an “affordable rental property that meets the regulations of M.G.L. Chapter 40B.”

Floodplain District Bylaw

According to the proposed bylaw, the floodplain district would be a zoning overlay that includes all special flood hazard areas designated on the Plymouth County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency.

The purpose of the district is to ensure public safety by reducing threats to life and personal injury and minimizing damage resulting from a warming climate, including extreme rain events and sea-level rise. Director of Climate Adaptation and Conservation Chris Krahforst said this is necessary to retain participation in the National Flood Insurance Program.

“FEMA wants sound management in the floodplain…applicants must be made aware of the impact of future climate risks on flooding,” said Krahforst.

The bylaw includes new and improved flow-through requirements in over wash flood zones. AO and AH flood zones require adequate drainage paths to be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

Building Commissioner Bartley Kelly, who just went through floodplain administrator training, said that “there are flood regulations spread out for all different types of situations” and that the town must “make sure folks at town meeting understand the impact to mortgage and flood insurance if this is not passed.”

Krahforst confirmed the Nantasket Beach Overlay District is in a Coastal A zone on the map, and any building permits after the date of adoption must comply with the new floodplain bylaw. Kelly noted that the proposed Paragon Dunes development will not have to comply with the new bylaw because its permit application is already under way.

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