By Geena Monahan—For the North Star Reporter
At its Oct. 17 meeting, Town Council voted 7-0 in favor of a zoning bylaw amendment crafted by the Planning Board to comply with state’s Affordable Home Act of 2024.
Homeowners will now be allowed to build, by right, one protected accessory dwelling unit (ADU) on any lot where a single-family home is located.
Councilors Mark Gould and Andrea Slobogan were not in attendance; however, all other councilors agreed that adopting the bylaw would serve as a creative way to increase affordable housing options in town.
“It’s an amazing way to address housing problems,” said Town Councilor Laura Wagner. “You have elderly people who shouldn’t live in isolation and there’s so few options for them. . .or even an adult child that’s starting their career but is saddled with college loans. There’s so many positive aspects to this.”
According to the Executive Office of Housing and Livable Communities, noncompliance with the Affordable Homes Act could lead to ineligibility for state funding and potential civil enforcement actions for MBTA communities. An MBTA community is a city or town that is either served by the MBTA or adjacent to one that is. North Attleborough qualifies as an MBTA community.
Prior to the passage of this act, ADUs were only allowed by applying for a variance from the Zoning Board of Appeals.
According to Section 8 of Chapter 150 of the Affordable Homes Act, ADUs must:
- Maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling.
- Be either no larger than half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller.
- Meet local municipal restrictions, such as additional size restrictions and/or restrictions or prohibitions on short-term rental if the city or town decides to impose these.
Dan Donovan, town councilor and chair of the Bylaw Subcommittee, noted that North Attleborough’s version of this measure will not allow for short-term rentals, such as Airbnbs, and will require ADUs be built only in the backyard of a property.
Councilor Kevin McCarthy asked if a homeowner needed a certain lot size or amount of acreage to construct an ADU. According to Town Planner Gil Hilario, that depends on how the property is zoned.
The measure was discussed at length at the Bylaw Subcommittee’s Oct. 2 meeting, where debate centered on language requiring an ADU to match the exterior style of the existing home. To Donovan, telling a homeowner what they can and can’t build on their own property based solely on appearance was something he could not support.
“I have a real problem with it because while I understand the thinking, I’m going to defer to the people in town who feel like ‘This is my property,’” said Donovan. “If they’re complying with all the other zoning regulations. . . if they want to build an ADU that looks like a geodesic dome and they have a Cape [Cod-style house], they should be able to do that.”
The original language — which read, “The exterior design of the ADU, including but not limited to building materials, roof pitch, window style, and architectural trim shall be compatible with and substantially match the existing architectural elements of the principal dwelling” — was changed in the town’s version. It encourages a homeowner to comply with design standards of the existing home and neighborhood in general, but does not require it.
Bylaw Subcommittee member Ryan Benharris noted that the vagueness of the language opens up the possibility of neighbors making complaints about nonconforming uses.
Donovan addressed those concerns at Monday’s Town Council meeting, that he felt confident existing protections – such as height limits, setback requirements and placement of ADUs – would protect neighbors from potential eyesores.
“I think in the language we found a good balance,” said Hilario. “It suggests matching the principal dwelling – look at the trim, look at the windows – and from there it’s up to the building commissioner. I think it’s a fair balance for both sides.”