Amendment ID: S2311-46-R1

Redraft Amendment 46

Accessory Dwelling Units

Ms. Creem, Messrs. Brownsberger and Lesser move to amend the bill by striking out section 5 and inserting in place thereof the following section:-

SECTION 5.  Section 3 of said chapter 40A, as  appearing in the 2014 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 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, but 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 a percentage not lower 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 but, if parking is required for the principal dwelling, that parking shall either be retained or replaced. As used in this paragraph, “accessory dwelling unit” shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as the principal dwelling  that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) shall not be sold separately from the principal dwelling; and (iii) is not larger in floor area than 1/2 the floor area of the principal dwelling or 900 square feet, whichever is smaller. Exterior alterations of the principal dwelling for purposes of allowing 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 section 13 of chapter 21A, if applicable.  The department of housing and community development may by regulation exempt a municipality from this paragraph if the department determines that (1) the municipality has a number of multifamily units greater than required under section 3A by a number of housing units not less than 5 per cent of the total non-seasonal housing units in the municipality, or (2) housing sale prices in the municipality have declined over the previous 3-year period.