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TOWN OF AMHERSTADU BYLAW PROPOSAL
Presentation to Planning Board
February 17, 2021
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
WHAT ARE ACCESSORY DWELLING UNITS?
• Accessory Dwelling Units (ADUs) are small dwelling units or apartments that exist on the same property lot as a single-family residence
• Independent living space with kitchen, bath, and sleeping area
• Can be located within, attached to, or detached from the primary structure
• ADUs are common and referred to by many names:
• carriage house, back house, backyard bungalow, granny flat, in-law suite, alley house, guest house, etc.
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021Source: AARP
A TOOL TO HELP HOUSING CRISIS
• Housing affordability
• ADUs generate rental income to help homeowners cover mortgage payments
• Expense to build ADU is for structure only as land is already owned
• Provides small-scale housing in majority single-family neighborhoods
• Important for development of “middle housing” (between apartments and large homes)
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021Source: AARP
A TOOL TO HELP HOUSING CRISIS
• Multi-generational housing and flexibility
• ADUs offer young people/young families entry-level housing choices
• ADUs enable families to expand beyond their primary home
• ADUs provide “empty nesters” the option of moving/downsizing into a smaller space and renting out their larger home
• ADUs offer grandparents a place to live close to their children & grandchildren
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021Source: AARP
A TOOL TO HELP HOUSING CRISIS
• Infill Housing and Environmental Benefits
• ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods with minimal visual impact and without adding to sprawl
• ADUs require fewer resources to build and maintain
• ADUs use much less energy for heating and cooling (especially contained units)
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021Source: AARP
ADU HISTORY
• Before 20th century, pre-zoning, people built as many homes as they wished on their property
• Larger homes often had associated outbuildings, such as barns, carriage houses, and worker housing
• Many carriage houses converted into rental homes – generating income for landlords from otherwise unused outbuildings
• Automobile garages were built with housing units on top or have been converted into housing
• ADUs highly regulated during post-WWII suburban development (one home per lot)
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
ADU NATIONAL TRENDS
• In 2000, AARP and American Planning Association (APA) release model state act and local code for ADUs
• Many state and municipal governments are legalizing and encouraging the creation of ADUs
• In 2017, California required all cities and counties to allow ADUs with a building permit
• In 2017, New Hampshire passed law that local zoning needs to allow ADUs everywhere single-family homes were permitted
• Oregon requires cities of certain sizes to allow ADUs in single-family neighborhoods
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
STATE AND REGIONAL TRENDS
• July 2018 survey of 100 Boston area towns by Pioneer Institute
• 37 allow ADUs, 31 allow temporary ADUs, and 32 have no ADU zoning
• Of towns that allow ADUs many restrict development with dimensional regulations, permitting requirements, occupancy by relatives only, design guidelines
• Average of 2.5 permits annually per municipality
• MA Housing Choice Act (2021)
• Defined ADUs as 900 sq. ft. maximum or ½ floor area of the primary dwelling, whichever is less (local govt can impose other restrictions)
• Only simple majority needed for adoption of ADU bylaw
• Still understanding impact of new legislation on Amherst
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
MA TOWN’S ADU BYLAW COMPARISON
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Town ADU Types ADU Permitting Square Footage Requirements Design Requirements
AmherstSupp Apartment ISupp Apartment II (10%)Detached
SP for Detached and Supp II 350 min; 800 sq ft max (900 for ADA) DRB design guidelines
Northampton Within PrimaryWithin Accessory Structure SP for Accessory 900 sq. ft. max New entryways are on the side or rear of house
EasthamptonFully ContainedExpansion (33%)Detached Structure
SP for all 800 sq. ft. or 33% of exisiting residential space, whichever is less
Match appearance of single-family houseEntrys on side or rearParking on side or rear
GreenfieldWithinAttachedDetached
SPR for Within and AttachedSP for Detached
900 sq. ft. OR 33% of total gross floor area of the largest existing unit in the home, whichever is greater.
Compatible with Primary structure
MontagueWithinAttachedDetached Structure
SP for Within and Detached 900 sq. ft. max resembles one-family home
entries are screened
LexingtonBasicExpanded (40%)Accessory Structure
SP for Expanded and Accessory 1,000 sq ft max
Maintain appearance and character of the principal dwelling and those adjoiningStairways enclosed within building
Somerville Backyard Cottage SPR 768 sq. ft. max3' wide pathway for ambulance cotUtilities underground1.5 stories max (12 ft stories)
ADUs IN AMHERST
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
AMHERST ADUBYLAW HISTORY
• In 1968, Town Meeting amended zoning to allow supplemental apartments within single-family homes in only the R-O District
• Subsequent amendments expanded this to all residential zoning districts (except R-F)
• 2014 update
• Added new categories: Supplemental Apartment I, Supplemental Apartment II, and Supplemental Detached
• Existing requirements remained:
• Owner occupancy
• No additional lot area required
• No more than 3 adults
• Not used for lodging
• 350 sq. ft. min; 800 sq. ft. max (900 for ADA)
• Planning Board endorsed 7-0 and Town Meeting passed amendment 102-48
2014 Update
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
2014 ADU Bylaw Update
• Increase Supplemental Detached Dwelling Unit to a maximum of 1,000 sq. ft. (1,100 for ADA)
• Supplemental Apartments I and II remain at 800 sq. ft. (900 for ADA)
• Unanimous support from Planning Board
• Creates a wider variety of living arrangements such as two or three bedroom units which would benefit young families looking for rental units in neighborhood settings
• Allows owners to downsize into ADU
• Amendment received a majority of Town Meeting support but not the 2/3 required to pass
AMHERST ADUBYLAW HISTORY
2018 Proposal
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
2018 ADU Bylaw Proposal
AMHERST ADUBYLAW HISTORY • Recommendation 5.2.4 Supplemental Dwelling
Units (p. 100)• Possible by-right provisions for SDUs
• Design guidelines
• Reduction in parking requirements
Relevant Plans
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Amherst Housing Production Plan (2013)
• Regulatory Recommendations; Smaller Scale Housing (p. 6-7)
• Allow supplemental apartments by right in all residential zoning districts
Amherst Housing Marking Study (2015)
• Section H.1.E (p.4.4; Demographics and Housing)
• Make it easier to create attached and detached accessory apartments in all residential zoning districts
Amherst Master Plan (2010)
AMHERST ADUBYLAW HISTORY
Permitting Numbers
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Year 2015 2016 2017 2018 2019
Accessory Units Permitted
3 5 4 5 0
UNDERSTANDING AMHERST ZONING BYLAW - RESIDENTIAL
AdditionalLot Area Required for Unit
SquareFootage Maximum
Owner Occupancy of 1 unit
Occupancy Limit
ADU No 1,000 sq. ft. Required 3 adults in ADU*proposed change to unrelated
Duplex Yes None Not Required 4 unrelated per DU
ConvertedDwelling Yes None Required (or
resident manager) 4 unrelated per DU
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
ADUs Around Town
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Paige Street • 2008• Converted Garage• 724 sq. ft.
ADUs Around Town
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Beston Street • 2015• New Detached• 422 sq. ft. • Studio
ADUs Around Town
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Logtown Road • 2018• New Detached• 900 sq. ft. (ADA)• 3 bedroom
ADUs Around Town
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Fearing Street • 2018• New Attached• 425 sq. ft. • Studio
ADUs Around Town
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Wildwood Lane • 2015• Fully Contained• 560 sq. ft. • 1 bedroom
ADUs Around Town
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Mill Lane • 2017• Fully Contained• 540 sq. ft. • 1 bedroom
2021 BYLAW PROPOSAL
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
2021 ADU BYLAW PROPOSAL
• Accessory Dwelling Units (ADUs) are an important tool to meet the dynamic housing needs of Amherst residents.
• This bylaw update proposes to increase the maximum square footage of ADUs, create a more streamlined permitting pathway, and adds additional design guidelines.
• Increasing ADU maximum square footage to 1,000 sq. ft. provides opportunity for ADUs with more than 1 bedroom.
• Streamlining permitting pathway reduces barriers to ADU development and reduces cost
• Design guidelines ensure ADUs are compatible with the scale and character of the primary structure and surrounding neighborhood.
• Simplifies bylaw structure
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Purpose
2021 ADU BYLAW PROPOSAL
• Changing from “supplemental” to “accessory” to become consistent with federal, state, and industry terminology.
• Identify three discrete types of ADUs (contained, attached, and detached)
• Increase maximum square footage for all 3 types to 1,000 sq. ft. and eliminate minimum square footage.
• Attached ADUs (Supplemental II) no longer limited to 10% increase of primary structure square footage, simply defined as being attached to primary structure
• Attached and Contained ADUs allowed by-right (with requirements)
• Detached ADUs allowed by-right (with requirements) if less than 50% of primary structure habitable space (if larger, allowed by ZBA special permit)
• Added design guidelines requiring that the architecture and scale of any ADU is compatible with and secondary to the primary structure.
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Specific Changes
PROPOSED CHANGES SUMMARY
Name Square Footage Regulations Permitting
Supplemental Apartment IContained ADU
350 min; 800 max1,000 max
By Right with RequirementsBy Right with Requirements
Supplemental Apartment IIAttached ADU
350 min; 800 max; 10% increase from primary dwelling1,000 max
Special PermitBy Right with Requirements
Supplemental DetachedDetached ADU
350 min; 800 max1,000 max
Special Permit- By Right (if less than 50% of primary dwelling);- Special Permit (if more than 50% primary)
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
Existing Bylaw2021 Proposal
HABITABLE SPACE
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
ADU EXAMPLES
Lincoln AvenueADU Bylaw Proposal
Amherst Planning DepartmentFebruary 17, 2021
ADU EXAMPLES
Orchard ValleyADU Bylaw Proposal
Amherst Planning DepartmentFebruary 17, 2021
ADU EXAMPLES
Echo Hill NorthADU Bylaw Proposal
Amherst Planning DepartmentFebruary 17, 2021
ADU RESOURCES
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021
• AARP: All about Accessory Dwelling Units
• American Planning Association: Accessory Dwelling Unit Knowledgebase Collection
• Pioneer Institute (MA): The State of Zoning for Accessory Dwelling Units
• Mass.gov: Smart Growth Toolkit – Accessory Dwelling Units
Source: housable.com
Thank You We Welcome Your Questions and Feedback
For more information, contactBen Breger, Planner
ADU Bylaw Proposal Amherst Planning Department
February 17, 2021