By Dolores Sauca Lorusso

Three proposed zoning changes for the spring town meeting warrant will be discussed by the planning board next week.

On Wednesday, March 13, at 7:30 p.m., the board will hold a public hearing on the MBTA Communities zoning district, a plan to allow accessory dwelling units (ADUs), and establishing a floodplain district.

The state MBTA Communities 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.

Click here for details on the zoning proposals for the spring town meeting.

“Beyond that, the Attorney General’s office has said communities have to do this, and if you don’t, they can go after you for federal and state fair-housing violations,” said Town Planner Chris DiIorio.

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

According DiIorio, Hull was required to provide the state with districts that would produce 586 multi-family units by right, at a density of 15 units per acre, while also having no age restrictions. While the land must be developable, it cannot be owned by the town or located in a floodplain.

“The units don’t have to be produced; the law only requires towns to create by right zoning. Zoning is a long-term process,” said DiIorio. “The proposal is a mapping change; at this point we don’t need changes to the language of the zones.”

As long as the district-wide gross density of 15 units per acre is provided, 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.

DiIorio explained changes were made to zones so that larger developments that already exist, such as Ocean Place and Seawatch condominiums, can help Hull meet the requirements. The plan has been sent to the state for review.

“Commercial Rec zones and Multifamily B zones, with a few tweaks, can get Hull to the right number,” said DiIorio. “Hull has already been doing the things we are being asked to do [by the state], now the zones will reflect that. This gets us to where we need to be with minimal negative impact.”

“We need to try explain to people that this is a planning exercise to not be excluded from grant opportunities,” said Zoning Board of Appeals Chair Patrick Finn.

DiIorio said the planning department hopes to hear back from the state within the month. If deemed compliant, the MBTA Communities bylaw will be presented to town meeting this spring.

Based on the recommendation at May 2023 town meeting, the planning board, along with the zoning bylaw committee and the zoning board of appeals, have been working to revise a proposed accessory dwelling units (ADUs) bylaw.

The bylaw provides owner-occupants of single-family homes with a means for obtaining rental income, companionship, or security, proponents say, enabling them to remain in homes they might otherwise be forced to leave.

“Affordability is an enormous benefit for the property owner…in return the town gets a guarantee of affordable units,” planning board member Harry Hibbard said.

The proposed ADU bylaw provides for a permitting process for 10 accessory apartments per year within existing single-family homes, up to a maximum of 100 units. The ADUs will not add to the number of buildings in town or reduce open space, and cannot be used for commercial purposes.

The ADU bylaw states the units are by special permit, must be owner-occupied, cannot be used for short-term rentals, and carry a deed restriction to remain affordable.

Finn has said the idea behind the ADU bylaw is to create “housing choices for people who need help by using stock we have and not using open space… also beneficial for providing multigenerational housing.”

In their planning, the boards have also had to consider the impact of Gov. Maura Healey’s housing bill that would allow ADUs as of right throughout the state without a special permit.

The state estimates that the zoning change could create more than 8,000 ADUs over five years.

Cities and towns would have some control over the ADUs under Healey’s bond bill language. The units could be subject to “reasonable regulations” like structure size and setbacks, or limitations on short-term rentals.

Hibbard said based on the outstanding state ADU bill, Hull should not continue to draft the town bylaw because it could be “eviscerated by the state law.”

The remainder of the board members felt by continuing to draft the local ADU bylaw, they are upholding a commitment made in 2023.

“I want to move forward because it shows we are doing what we said we would do…we don’t know what is going to happen with the state law; so we should get something on the books,” said Jeanne Paquin.

Steve White also said the board should move forward because members do not know what the state’s process will be.

“This ADU proposal works for Hull then we should lead with this…the state could come back and say anyone without an ADU law on the books, the state law is for you,” he said.

According to DiIorio, the intent is to also draft some language that indicates if the state law passes, the components of the town ADU bylaw that are still viable would remain in effect.

Another proposal would establish a floodplain district as an overlay zoning district to better control development in areas subject to flooding. Building Commissioner Bartley Kelly explained the flood plain maps are being updated to comply with FEMA regulations.

“The map is effectively the same for most of Hull…but updates have been made to the version of Coastal A zone areas with wave action up to three feet requiring an open foundation on piles,” said Kelly, who would be the administrator of the bylaw on behalf of the town.

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