The Planning Board on Tuesday and residents at length discussed how to modify its accessory apartment bylaw in compliance with the state’s new accessory dwelling unit draft regulation. The board also discussed a potential bylaw to regulate short-term rentals for accessory dwellings.
Norm Hills, a select board member and a member of the Codification Bylaw Committee, met with the Planning Board with a draft. Hills said the draft had been modified by town counsel in the hopes of aligning with the state ADU draft, which aims to allow more rentals across the state to battle the housing shortage.
“The purpose is to get more reasonable (priced) housing,” Hills said.
However, many questioned how to modify the town’s accessory dwelling bylaw to align with the state but not hinder the rights of homeowners, including some who have rented their homes or additions to supplement their income and help pay for home repairs.
Right now, Marion has a bylaw that allows residents to rent 900 square feet of rental space – or “in-law” style apartments to family members only. Board members agreed that many residents in town build accessory apartments for family members but – once those family members move out or pass on – they continue to rent the space to other people.
Residents who rent or build rental apartment space that exceeds 900 square feet must secure a special permit.
Planning Board members appeared to agree that scrapping “the family restriction” would be a great first step. They also discussed allowing residents to build rental additions by right up to 1,200 square feet, just as long as that addition does not greatly exceed the footprint of the primary residence in the lot.
For example, a 1,000 square foot ranch house would not be allowed to build a 1,200 square foot accessory apartment for rent – an example used on Tuesday.
The board also discussed how to address short-term rentals, which is prohibited within the state’s ADU draft and is not permitted in town within accessory apartments – but admittedly – is still done by some residents.
Residents in town by right can still rent their primary residences for short-term leases, just not accessory apartments.
Planning Board Chairman Andrew Daniel recommended a bylaw that condensed the accessory apartment issue with a short-term rental bylaw.
Hills said that issue was raised to legal counsel but was not recommended, especially with the state’s goal of creating more affordable long-term apartments and not short-term rentals.
Town Planner Doug Guey Lee said that the intention is to make Marion more affordable, allow residents to maintain rights within their properties and help the state meet its housing goals.
He warned board members not to get caught up in “tertiary issues.”
The board reconciled debate by agreeing to discuss short term rentals at its February 3 meeting while also continuing its hearing on long-term accessory dwelling units.
Board members expressed interest in agreeing to a bylaw for both before the spring Town Meeting.
The board also voted to continue hearings for two housing developments for February 3 – 78 Wareham Road and another on Wareham Street.
Developers on both projects asked for a continuation to the February 3 meeting.
Marion Planning Board
By Jeffrey D. Wagner