By Dolores Sauca Lorusso

As the Legislature considers allowing Accessory Dwelling Units without a permit across the state, Monday’s town meeting voters will be asked to support a local measure that is designed to give Hull more control over the approval process.

On May 6, voters will consider Article 29, which would establish a permitting process for 10 accessory apartments per year within existing single-family homes. The proposal is supported by both the advisory board and the planning board.

Based on recommendations at the May 2023 town meeting, the planning board, along with the zoning bylaw committee and the zoning board of appeals, have worked collaboratively to revise the article to better fit the needs of Hull.

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

Under the proposed bylaw, ADUs will only be issued by special permit for up to a maximum of 100 units; they will not add to the number of buildings in town, reduce open space, and cannot be used for commercial purposes. Each of the units will be deed-restricted affordable and short-term rentals will not be allowed.

In their planning, the boards have also had to consider the impact of Gov. Maura Healy’s $4B housing bill, which would allow ADUs as of right, without a special permit, throughout the state to alleviate the housing crisis.

About a month ago, the Legislature’s housing committee voted to advance the bill without changing a single word. In March, Healy’s bill received support at a hearing before the Legislature’s Joint Committee on Bonding, Capital Expenditures, and State Assets, where many said that housing is the top challenge facing Massachusetts and its residents.

A concern for local government is Healy’s ADU-by-right measure, one piece of many in the state bill, which not only overrides single-family zoning, but also may prevent individual municipalities like Hull from setting criteria for ADU usage that is tailored to their needs.

Some members of the planning board have said it is important for Hull to get something on the books because no one knows for sure what is going to happen with the state ADU law.

ADUs are often considered low-hanging fruit in efforts to boost housing production because they can be tucked into residential areas where new units are otherwise limited due to space or zoning constraints.

The Hull ADU bylaw includes some language of severability that indicates if the state law passes, the components of the town ADU bylaw that are still viable would remain in effect.

Zoning Board of Appeals Chair Patrick Finn has said the clear benefit of the ADU bylaw to the town is to “protect our local control over zoning decisions.”

Planning board member Steve White said there is no way to know what the state’s process will be, so the town should lead with this proposal.

In Hull’s proposed bylaw, ADUs will have a minimum lease term of six months, which is the legal threshold to ensure that tenants are Hull residents who can register to vote and pay taxes.

Many cities and towns in Massachusetts, including Hingham, Cohasset, and Scituate, have their own local ADU bylaws.

Some officials believe it is possible if Hull passes this ADU bylaw prior to the enactment of the new state law, the town will be in a better place to enforce local requirements for a public hearing process with notice to abutters.

Finn said a “yes” vote for Article 29 at town meeting will “support local control of ADU permits and protect Hull’s single-family residential districts from the negative impacts of the potential for unlimited ADU’s, with absentee landlords and corporate ownership, as proposed in the Commonwealth’s housing bond bill.”

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