How Will the New Accessory Dwelling Law Affect Burlington?

Last week, Governor Healey signed into law the 2024 Housing Bond Bill, which includes language allowing accessory dwelling units (ADUs) in any single-family zone in Massachusetts. This bill, which goes into effect in February 2025, would allow a single ADU of no more than 900 square feet or 50% of the size of the primary dwelling (whichever is smaller) and does not allow municipalities to restrict the occupancy to a relative of the owner of the primary dwelling. Additional ADUs would require a special permit.

This was an economic development move by the state, said Planning Director Liz Bonventre at the August 15 Planning Board meeting, to allow more housing for young families, young professionals, and seniors looking to downsize. "The housing life cycle is broken," she said, as skyrocketing home prices have left many seniors stuck in their single-family homes long after they would have moved to a smaller condo or apartment. These single-family homes then don't open up for the younger generation who would move into them as they start their adult lives.

How will this new accessory dwelling law affect Burlington?

Accessory dwelling units are currently allowed in Burlington in the form of in-law apartments (See zoning bylaws, page 95, section 11.2.0), as long as the main or accessory dwellings are owner-occupied. The language in the bylaws appears to allow only attached ADUs. The state law appears to allow latitude for detached ADUs as well, and there are some other clarifications that the Planning Board and Department want to make, so Burlington residents can expect a bylaw proposal at January's Town Meeting that will clarify the town's disposition on these and other considerations.

Short-term rentals (under 29 days) are still prohibited, and further regulation might be enacted by the state as this law goes into effect at the state level.

The Planning Board also reviewed several of the proposed articles for September Town Meeting, resulting in:

• A 6-0 vote to recommend rezoning Middlesex Commons (where Old Navy and Market Basket are located) to General Business in line with its current use. It's currently the only property in town in the Industrial/Retail zone, which will likely be eliminated assuming this article goes through.
• A 4-2 vote to recommend the Select Board's article to update zoning bylaws to allow for an electronic sign on the Town Common. Concerns cited were that an electronic sign might pose a distraction and therefore a danger to drivers and pedestrians, that the sign might be too large, that the wording of the article needs more work, and that such a sign doesn't fit into the town's Master Plan. See how Buzz readers viewed this question and weigh in at our TownVote poll.

• The article regarding creating a retail marijuana zoning overlay will be postponed to a future Town Meeting and revisited at the October Planning Board, and a subcommittee was formed to look more deeply into this topic. Members of the Planning Board, along with Planning Staff, agreed that there needs to be more work done on the background, precision of wording, and learning whether community sentiment has changed in the 8 years since the town's 55-45 vote in the state election indicated a lack of support for retail marijuana dispensaries. Be on the lookout for a way to participate in this conversation.
• A 6-0 vote to forward an article that updates the "accessory structure" definition, making the setbacks and dimensions more clear and excepting swingsets and similar structures from the definition. This wording was done in conjunction with the building inspector, who will be interpreting these bylaws in practice.
• A 6-0 vote to favorably recommend removing wording from the "Retail, Experiential and Commercial Interactive Venue" zoning that requires the use to be tied to a restaurant.
• 6-0 votes to submit housekeeping articles for two articles that were approved at the May Town Meeting: An overhaul of the Use Table and of the Parking and Landscaping Modifications for businesses.

Unrelated to the September Town Meeting Warrant, Blue Bird Fence was granted a special permit to store stock outside at their 376 Cambridge Street location. Two neighbors came to speak against the permit, citing traffic and noise concerns, but the Board was clear that Cambridge Street has always been a high-traffic area and not allowing the permit wouldn't change that. The business stated they have restrictions against trash collection and deliveries outside the hours of 8:00 AM and 4:00 PM.

The next Planning Board meeting will be held on September 5.