Town looks to codify accessory dwelling regs as state law nears

State's Affordable Homes Act kicks in early next month; article likely on warrant for Town Meeting

By Ted Hayes
Posted 1/22/25

While local officials hope this year to finally legalize and regulate Short Term Rentals in Westport, another big change in housing law is coming whether it passes Town Meeting or not — the …

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Town looks to codify accessory dwelling regs as state law nears

State's Affordable Homes Act kicks in early next month; article likely on warrant for Town Meeting

Posted

While local officials hope this year to finally legalize and regulate Short Term Rentals in Westport, another big change in housing law is coming whether it passes Town Meeting or not — the only question left is whether Westport voters will approve local amendments to its by-laws that planners believe will better suit the town’s needs.

Last August, Governor Maura Healey signed the state’s Affordable Homes Act (AHA) into law, ushering in broad changes to housing regulation across the commonwealth that take effect Sunday, Feb. 2.

The new state law is designed in part to make more types of housing available to those who need it. Among other things, it makes attached and detached Accessory Dwelling Units (ADUs), long known in Westport as accessory apartments, allowable by right in all residential/agricultural and business zoning districts.

And it allows, by special permit, the addition of more than one ADU on a single lot, something that was never allowed in Westport’s zoning by-laws.

Currently, accessory apartments are allowed here by right only if they are attached to the main structure, while a special permit is required for a detached unit.

Also under the state law, the town “cannot restrict occupancy through zoning,” meaning that local by-laws cannot restrict who lives in either the principal or accessory dwelling. And specifically, it by default makes ADUs allowable as Short Term Rentals (STRs).

ADUs must also be no larger than 900 square feet, or 50 percent of the size of the lot’s principal dwelling, whichever is smaller. The town’s existing regs allow for accessory apartments from 500 to 900 square feet.

And by default and among a host of other requirements, each ADU must have one parking space.

Town plan: No STRs allowed

Town officials have some leeway in shaping the law’s application here as they see fit, including the section that allows ADUs’ use as short term rentals.

To that end, the town’s proposed by-law would prohibit ADUs from being rented out as short term rentals.

At most, “you can do an STR in the principal dwelling and the owner could live in the ADU” and rent out the main home, town planner Michael Burris explained. “The owner could also not reside in either” dwelling.”

That change drew considerable discussion.

“I don’t know if we should be in the business of prohibiting ADUs of becoming short term rentals,” planning board chairman James Whitin said.

But others disagreed, including fellow board member John Bullard, and a Wrentham resident who owns property on Drift Road.

If Westport does not prohibit the use of ADUs as short term rentals, Bullard said, “Everyone is going to create ADUs just to create STRs.”

“That’s all they’re going to be created for — I think that is a perversion of what ADUs are about. They’re not about, ‘How do we make money on STRs?’ And if you allow it, that’s what they’re going to be used for.”

Grant Muchanan, who owns property at 1530 Drift Road, agreed.

“I think the spirit of the rule to get an ADU on every property is merited,” but if short term rentals are allowed “it will start off as something simple and then after five years, when the aging parent is not there ... it’s going to be a rental.”

“I think it opens the door (that) every lot is going to have two buildings on it, both of them possibly rented, and I don’t think that’s the spirit of what you’re trying to do here — and none of them used to accommodate what the original purpose was for.”

While Whitin acknowledged that that could happen, he said town regulators would face a losing battle if they tested the state:

“Our zoning by-laws have to go to the attorney general” for approval, he said.

“We could say, ‘We don’t like that state law. We’re going to keep it the way we had it already,’” and “the AG would write us a letter and say, ‘You’re not in compliance (and) it’s not enforceable.’”

After about an hour’s discussion, board members voted to send the proposed by-law changes to the select board, which is expected to approve their placement on the Town Meeting warrant.

Note: Westport’s full proposed ADU by-laws are viewable at www.eastbayri.com, and on the town’s website.

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