By Carol Britton Meyer

State legislation that allows accessory dwelling units (ADUs) to be built as-of-right in single family zoning districts could affect the ADU bylaw approved at Hull’s recent town meeting.

“In some ways this legislation overrules [our bylaw],” Director of Community Development and Planning Chris DiIorio said, noting that it has not yet been approved by the Attorney General’s office as required in order to enact zoning bylaw amendments. “I’m not sure whether they will kick it back because it’s not in line with the new state law.”

The planning board met Wednesday night over Zoom to discuss how this could affect Hull’s ADU-related warrant article.

Two important differences, DiIorio said, are that there is no owner occupancy requirement with the state law, while Hull’s ADU bylaw has one. Also, no special permit process is required under the state legislation, while a special permit is required under the Hull bylaw.

“This is a pretty big change, and I’m surprised owner occupancy is not required,” he said. “I think this will raise the price of houses, because companies can now buy a house, add a unit, and then rent out both.”

This legislation, which is part of the Massachusetts Affordable Homes Act, requires Massachusetts communities to allow accessory dwelling units of fewer than 900 square feet by right on single-family lots.

While this legislation is “subject to reasonable regulations related to septic disposal and dimensional requirements” according to a description on Mass.gov, it differs from Hull’s new bylaw in a number of ways in part as outlined above. Construction of ADUs is still subject to local building codes.

As a result of the passage of the warrant article, the town bylaw now allows certain homeowners of single-family residences to add and rent out a self-contained housing unit within their home, subordinate in size to the principal dwelling, subject to the special permit process.

State law allows both attached and detached ADUs

The new state law allows for either attached or detached ADUs and replaces local zoning regulations across the state with a uniform law that allows qualifying homeowners to add these units without requiring a special permit or variance, unless they are seeking to add more than one of these units on their property.

Hull’s ADU warrant article was part of the effort to increase Hull’s housing stock and to allow those who wish to the opportunity to “age in place” and to benefit from the income generated from an ADU by renting them to family members, caregivers, or other individuals.

The maximum size of an ADU unit in Hull is 900 square feet. No units may be rented for fewer than six months to resolve short-term vacation rental concerns voiced by some citizens throughout the process.

“The town can require site plan review for ADUs under the new legislation, so we will have some control over short-term rentals,” DiIorio said.

Under Hull’s bylaw, ADU units are limited to a maximum of two bedrooms, with one off-street parking space required per bedroom. No exterior stairs to an ADU unit are allowed.

In Hull, there’s a maximum of 10 permits that could be issued annually over 10 years, for a potential 100 ADUs. Expansion of the single-family home after approval of this bylaw would make the dwelling ineligible for an ADU permit. There are currently 1,300 rental units in Hull.

“This cap could go out the window [under the new state law],” DiIorio said.

This change “would theoretically allow ADUs on 1.43 million single-family homes in Massachusetts, though there’s no expectation that all homeowners would create such a unit,” according to the state.

However, the Healey-Driscoll Administration estimates that between 8,000 and 10,000 ADUs will be built across the state over the next five years due to passage of the law, according to published reports.

‘Affordable, flexible, age-friendly housing option’

The American Association of Retired Persons (AARP) believes ADUs offer “affordable, flexible, and age-friendly housing options that can be easily integrated into existing neighborhoods. ADUs are cost-effective due to the minimal land costs and have a smaller environmental footprint. They provide a source of income for homeowners, particularly beneficial for retirees, and can be adapted for various family needs and life stages, according to the AARP website.

DiIorio said the town will consult with its attorney “to get a handle on this issue legally. It doesn’t go into effect for 180 days [from the date it was signed into law in early August], so we have a little bit of time to find out what is going on. There are a lot of unanswered questions.”

In planning board member Harry Hibbard’s opinion, “There is nothing unreasonable about requiring owner occupancy.”

DiIorio expressed concern that the Attorney General’s office “might throw the whole thing out,” referring to Hull’s bylaw. “We’ll have to wait and see.”

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