West Stockbridge — The Select Board meeting room was a crowded at the group’s September 23 session when the dais included members of the town’s Planning Board, Community Preservation Committee, and Affordable Housing Trust (on Zoom), as well as representatives from the Berkshire Regional Planning Commission (BRPC). With town counsel available remotely, the assembly worked to discern the Commonwealth’s new Affordable Housing Act (AHA) before the legislation takes effect on February 2, with that action muddying the waters of proposed local bylaws regulating accessory dwelling units (ADUs) and short-term rentals (STRs). At the end of the evening, a vote on approving the local measure was tabled.
A recap of the AHA can be found here.
Generally, STRs are units within a home or property rented for 31 consecutive days or less, and an ADU is considered to be a rentable living space attached or detached to a single-family home.
Recently, and before the state legislation was announced, the town’s local Planning Board tightened up their discussions on ADU and STR regulations, approving a final draft on July 15 to be sent to the Select Board for consideration. Although much of the proposal aligns with the state efforts, the Planning Board voted to defer amending their action in light of the AHA until more clarification of the new regulations is released.
The session was the brainchild of Select Board Chair Andrew Potter as part of a campaign at the start of his tenure to boil down single-issue topics at one meeting and without the pressure to make a decision. For the two-and-a-quarter-hour meeting, affordable housing was deemed “a vital issue” for the town by Potter, with those group representatives in attendance “to see where [their] respective roles are” and how they can work in a complementary way in the process, he said.
BRPC focus on administering state programs to help homeowners stay put
For Cornelius “CJ” Hoss, BRPC Community Planning and Development program manager, the meeting offered an opportunity to show ways his organization has assisted with this endeavor, providing services tailored to preserving or creating housing for rural communities. One such area of work for the group is advocating for “seasonal community” designations that would help regions where the median home values have skyrocketed, leaving local service-industry workers and others in a bind to find affordable housing. “And, it’s just getting worse and worse,” Hoss said. “The idea was to create a funding program to help with that.”
Although funding for the designation program that was initially geared for Cape Cod has since stalled, he said those same issues exist in the Berkshires, with its high concentrations of second homes and high median home values. The idea of the measure was included in the recent AHA, although without a dollar amount. “At some point in the future, [funding] programs will come in with that designation,” Hoss said.
BRPC Senior Planner Brett Roberts identified ways the organization has helped local communities, including pushing forward housing-production plans for state approval; creating affordable-housing trusts; and implementing, or financially managing, housing rehabilitation programs (HRPs) to maintain existing housing from deteriorating. That latter program includes a recent $900,0000 Community Development Block Grant provided to the towns of Sheffield, Dalton, and Becket, funds that will be used to assist residents to stay in their homes by providing repairs such as roofing, plumbing, and foundation fixes. Additionally, and with the same goal, the group manages the Massachusetts Home Modification Loan Program that provides zero percent interest loans up to $50,000 to fund additions or adapt homes for individuals with disabilities and older adults.
The BRPC is funded by the state to administer these grants and services at no cost to the homeowner, but the home site must be occupied by its owner, and it is unlikely that a second-home owner would be eligible, Roberts said. The town’s role is to sign off on the grant while the BRPC works directly with the homeowner, Hoss said.
Massachusetts Affordable Homes Act recap
The new legislation, according to Hoss, is “complementary” to existing affordable-housing programs.
“It’s not just about ADUs or housing rehab for existing units,” he said. “It’s a combination in every community we’re in—new construction, preserving what you have, and helping people stay in the homes that they’re already living in. I think that’s what [the new law] does.”
At 181 pages, the legislation offers billions of dollars in programs, with much of that to be developed, said attorney Jonathan Eichman, shareholder at KP Law.
Signed into law by Governor Maura Healey on August 6 and slated to go into effect on February 2, the AHA authorizes $5.16 billion to be spent by 2029 on about 50 initiatives geared to offer more housing and affordable housing. The initiatives related to that goal include funding new housing programs such as administering closing costs or down payments for qualified individuals and accelerating the development of multi-housing projects; supporting the update of public housing; creating ways to build wealth for middle-income residents and paths to home ownership; programming that supports housing for veterans; adding to existing communities by acquiring distressed properties and designating some communities as “seasonal” for certain policies and programs; assisting “vulnerable populations” through housing programs; developing policy commissions to promote low-income, senior, and accessible housing communities; piloting a program aimed at preventing foreclosures in up to five communities; and adding tax credits and other regulations.
Additionally, and especially pertinent to South County towns, is the act’s provision allowing ADUs in single-family zoned districts as a matter of right, a measure that doesn’t let town officials and governing bodies limit those ADUs to only owner-occupied properties or even mandate parking restrictions.
“There are several provisions of this Act that address more immediate changes to laws that affect towns,” Eichman said. “If an [ADU] is proposed in a town and it meets the requirements of the state definition, it must be allowed by right. It can’t be subjected to special permits or any type of discretionary approval.”
Currently, West Stockbridge doesn’t have regulations allowing STRs and ADUs within its borders. Before the legislature addressed these zoning categories in its AHA, the Planning Board approved relevant proposed bylaws July 15. Its proposed ADU provisions require the unit be used in conjunction with an owner-occupied single-family home; be a maximum of 900 gross square feet and not greater than 25 feet tall or exceed two stories; meet setback limits; and not be served by recreational vehicles.
Although the 900-square-foot proposed size limitation generally corresponds with the new state law governing ADUs, Eichman said the proposed local requirement that the unit be owner occupied doesn’t comply.
“Originally, [ADUs], as defined by the state, could be subject to reasonable regulations by towns and cities that included owner-occupancy requirements,” he said. “That requirement has been removed. What that means, essentially, to the extent that this new legislation makes certain ADUs allowed by right in towns and cities across the Commonwealth, towns and cities may not regulate under the zoning bylaws based on owner occupancy. That’s a big change.”
Additionally, Eichman said the West Stockbridge ADU proposal requires the unit be attached to the building, whereas the new state provisions offer that the ADU can be on the same lot as the primary building, buy there is no requirement of attachment. Zoning may also be required to address other types of housing, such as tiny homes that are at or less than 400 square feet, he said.
One area still open to interpretation, according to Eichman, is whether a town can require a special permit should more than one ADU be requested on a single lot. However, the state legislation does allow towns to apply “reasonable regulations” to ADUs.
Eichman said guidelines are anticipated to be drafted providing more clarity to the new law, but that rollout date is yet to be determined.
Planning Board Clerk Ryan Beattie said his group first began discussing ADUs several years ago, with the idea of updating the town’s bylaws accordingly. Members were aware that legislation was “coming down the road” on the issue but had agreed upon the local ADU proposal. After the state law was announced, the group researched their options with Hoss and other experts, deciding to wait on the release of the guidelines to move forward.
“We don’t want to do this [ADU provisions], and then have to redo it again,” Beattie said. “We’re waiting to make sure that when we bring the bylaws up to date that [they] won’t be superseded by whatever the state says on February 2. Then, shortly thereafter, we’re hoping we can have enough information to take what we have and fuse it with this, so we only do this in one shot.”
In its proposal, the Planning Board’s STR provisions require limiting the rental to not more than 30 consecutive days and 40 days annually, with an option for an additional 40 days by special permit; STRs to be registered with the town administrator; owner-adjacent units only; a local manager to be on site or able to respond within two hours, or 30 minutes for an emergency; adequate parking; and no signage or events.
Community Preservation Committee member Randy Thunfors urged the Select Board to pass local legislation now, sending it back to the Planning Board to schedule public hearings before a special town meeting is held on the proposal. He said amendments to the bylaws can be made later to tweak the measure, but a mandate is desperately needed in the town. “Just to be clear, when we allow [STRs] in our communities, we’re really creating a hotel,” Thunfors said. “You could have three or four houses on Maple Street that are all [STRs]. Did you decide to live on Maple Street to have hotels operating in your community?”
Select Board member Kathleen Keresey was of the same mindset. “It’s sort of sickening to see our houses come onto the market and then be snapped up by people who are never going to step foot into that kitchen,” she said. “The lights will be off in the winter and they’re not going to be sitting on the porch or sending their kids to school.”
Keresey voiced concern over enforcement being “one of the most difficult parts of putting these bylaws into place.” She also said she has received feedback questioning the proposed STR registration fee of $400, as well as the 40-day cap on rentals allowed and how, administratively, that accounting will take place.
“If you just want to rent your house out in July and August, you want to maximize the use of the summertime and what the Berkshires offers to be able to market your home,” Keresey said. “Right there, that’s 62 days.”
Beattie responded that most STRs will make back the $400 upfront registration fee in two nights of rentals.
Select Board member Andrew Krouss asked whose responsibility it is to find out the STR or ADU bylaws, with Potter and Keresey responding that the onus is on the buyer of the property should that individual or entity want to rent it out after purchasing the site.
Longtime moderator Gene Dellea memorialized
At the meeting, Town Administrator Marie Ryan announced that, because of efforts made by State Rep. William “Smitty” Pignatelli (D – 3rd Berkshire District), a portion of Route 41 from the fire station to the Richmond town line has been renamed “Gene Dellea Highway,” honoring the West Stockbridge moderator who recently retired after serving 58 years in that position, the longest term in state history. The relevant signage was posted on September 22.
