HOUSE DOCKET, NO. 593        FILED ON: 1/11/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1250

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Christine P. Barber

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to accessory dwelling units.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Christine P. Barber

34th Middlesex

1/11/2019

James Arciero

2nd Middlesex

2/1/2019

David Biele

4th Suffolk

2/1/2019

Mike Connolly

26th Middlesex

1/31/2019

Michael S. Day

31st Middlesex

1/31/2019

Linda Dean Campbell

15th Essex

2/1/2019

Michelle M. DuBois

10th Plymouth

1/29/2019

James B. Eldridge

Middlesex and Worcester

1/31/2019

Denise C. Garlick

13th Norfolk

1/29/2019

Carlos González

10th Hampden

2/1/2019

James K. Hawkins

2nd Bristol

2/1/2019

Natalie M. Higgins

4th Worcester

1/31/2019

Kevin G. Honan

17th Suffolk

1/29/2019

Daniel J. Hunt

13th Suffolk

1/30/2019

Patricia D. Jehlen

Second Middlesex

1/31/2019

Hannah Kane

11th Worcester

1/30/2019

Kay Khan

11th Middlesex

2/1/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Frank A. Moran

17th Essex

2/1/2019

Brian W. Murray

10th Worcester

1/29/2019

David M. Rogers

24th Middlesex

2/1/2019

John H. Rogers

12th Norfolk

1/31/2019

Todd M. Smola

1st Hampden

1/31/2019

John C. Velis

4th Hampden

1/31/2019

 



HOUSE DOCKET, NO. 593        FILED ON: 1/11/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1250

By Ms. Barber of Somerville, a petition (accompanied by bill, House, No. 1250) of Christine P. Barber and others relative to accessory dwelling units.  Housing.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2132 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act relative to accessory dwelling units.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 3 of chapter 40A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the last paragraph the following 3 paragraphs:-

No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a single-family residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to meet the requirements of title 5 of the state environmental code established by section 13 of chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly.

As used in this section, “accessory dwelling unit” shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not larger in floor area than ½ the floor area of the single family dwelling or 900 square feet, whichever is smaller; “person with disabilities” shall mean a person who has been determined to be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii) by the Social Security Administration or MassHealth, notwithstanding any local by-law or ordinance; and “elderly” shall mean a person sixty-five years of age or older.

The zoning ordinance or by-law may require that the single-family dwelling or the accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling units in the municipality to a percentage not lower than 5 percent of the total non-seasonal housing units in the municipality. The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations concerning dimensional setbacks and the bulk and height of structures. Not more than 1 additional parking space shall be required for an accessory dwelling unit but, if parking is required for the single family dwelling, that parking shall either be retained or replaced. An accessory dwelling unit allowed under this section is considered owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided, however, that either the single-family dwelling or the accessory dwelling unit remains occupied by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-laws.