Weymouth Considers Accessory Dwelling Unit Ordinance
Town balances housing needs with neighborhood character preservation
WEYMOUTH - January 21 - Weymouth officials are reviewing new regulations for Accessory Dwelling Units (ADUs) in response to a state law that goes into effect Feb. 2. The ordinance aims to balance housing needs with neighborhood character preservation, including design guidelines and public hearing requirements.
The new state law allows ADUs in all single-family zoning districts by right, meaning towns cannot prohibit them. Weymouth's ordinance, presented at a Jan. 21 Town Council meeting, establishes guidelines for ADU construction while adhering to state requirements.
"We cannot deny ADUs that are by right," said Robert Luongo, Weymouth's Planning Director. "The state has said the only thing that you can do is require a site plan approval, but it's as of right site plan approval."
The ordinance limits ADU size to 900 square feet or half the size of the primary dwelling, whichever is smaller, for conforming lots over 25,000 square feet. For smaller lots, the limit is 750 square feet.
Eric Schneider, Weymouth's Principal Planner, explained the town's approach: "We've taken a rather aggressive position on this. We're going to err on the side of caution. We're going to err on the side of putting in too many regulations rather than not enough."
Key provisions include:
- Requiring a public hearing for ADU applications, with notifications to abutters
- Limiting ADUs to two stories and 25 feet in height
- Prohibiting short-term rentals of ADUs
- Encouraging design compatibility with the primary dwelling and neighborhood
The ordinance also addresses parking concerns. State law prohibits requiring more than one parking space for an ADU, and no additional parking can be required within a half-mile of public transit.
"It's going to be up to the owner of the property to try to rent to a tenant that does not have a vehicle," Luongo said, noting Weymouth's existing overnight parking ban.
Councilors expressed concerns about the impact on residential neighborhoods. Council Vice President Pascale Burga said, "I don't think residents are really going to know the impact that this is going to have on the residential neighborhoods. Not until they go out on their back deck and they're sitting there and enjoying their cup of coffee in the morning and there's people living right underneath their back deck practically."
The ordinance attempts to mitigate these concerns through design guidelines. "The idea here is not to penalize anyone," Luongo said. "The idea here is to make the ADU fit in first and foremost with the character of the existing house and then with the character of the neighborhood."
Schneider noted that the ordinance might face legal challenges. "The nuts and bolts of this thing are going to be knocked around on land-use court and Superior Court for probably the next five years," he said.
Town Solicitor Rick McLeod added that the Massachusetts Municipal Law Association has sent a letter to the governor challenging the ADU law on multiple grounds.
The ordinance committee will review the proposed regulations on Jan. 23 before the full council votes on adoption.
Officials emphasized that while they cannot deny ADU applications, they hope the guidelines will encourage responsible development. "We feel strongly about protecting the character of the residential neighborhood," Luongo said.
The new regulations represent a significant change for Weymouth's zoning landscape. As Councilor Rick Coughlin noted, "This is seismic in terms of the changes that are happening in this town now and across the state frankly."