HOUSE DOCKET, NO. 3252        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1277

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Stephan Hay

_________________

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:

Stephan Hay

3rd Worcester

1/17/2019

William L. Crocker, Jr.

2nd Barnstable

1/24/2019

Timothy R. Whelan

1st Barnstable

1/24/2019

Brian W. Murray

10th Worcester

1/24/2019

Christine P. Barber

34th Middlesex

1/28/2019

Mike Connolly

26th Middlesex

1/28/2019

Michelle L. Ciccolo

15th Middlesex

1/28/2019

Kevin G. Honan

17th Suffolk

1/30/2019

Jennifer E. Benson

37th Middlesex

1/30/2019

Natalie M. Higgins

4th Worcester

1/30/2019

Paul McMurtry

11th Norfolk

1/30/2019

Bud L. Williams

11th Hampden

1/30/2019

Joseph D. McKenna

18th Worcester

1/31/2019

David Henry Argosky LeBoeuf

17th Worcester

1/31/2019

Liz Miranda

5th Suffolk

1/31/2019

Carlos González

10th Hampden

1/31/2019

Harold P. Naughton, Jr.

12th Worcester

2/1/2019

Mary S. Keefe

15th Worcester

2/1/2019

James B. Eldridge

Middlesex and Worcester

2/1/2019

David M. Rogers

24th Middlesex

2/1/2019

Harriette L. Chandler

First Worcester

2/1/2019

Kay Khan

11th Middlesex

2/1/2019

Daniel R. Cullinane

12th Suffolk

2/1/2019

Julian Cyr

Cape and Islands

2/1/2019


HOUSE DOCKET, NO. 3252        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1277

By Mr. Hay of Fitchburg, a petition (accompanied by bill, House, No. 1277) of Stephan Hay and others relative to zoning for certain accessory dwelling units.  Housing.

 

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 3 of said chapter 40A, as appearing in the 2016 Official Edition, is hereby amended by adding the following paragraph:-

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 located internally within a single-family dwelling or the rental thereof on a lot not less than 5,000 square feet 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 such land or structures may be subject to reasonable regulations concerning dimensional setbacks, screening and the bulk and height of structures. The zoning ordinance or by-law may require that the principal dwelling or the accessory dwelling unit be continuously owner-occupied and may limit the total number of accessory dwelling units in the municipality to not less than 5 per cent of the total non-seasonal single-family housing units in the municipality. Not more than 1 additional parking space shall be required for an accessory dwelling unit; provided, however, that, if parking is required for the principal dwelling, that parking shall be retained or replaced. Exterior alterations of the principal dwelling to allow separate primary or emergency access to the accessory dwelling unit shall be allowed without a special permit if such alterations are within applicable dimensional setback requirements. Nothing in this paragraph shall authorize an accessory dwelling unit to violate or avoid compliance with the building, fire, health or sanitary codes, historic or wetlands laws, ordinances or by-laws or title 5 of the state environmental code established by said section 13 of said chapter 21A, if applicable. This section shall not limit a city or town’s authority to prohibit or restrict use of an accessory dwelling unit as a short-term rental.