By Lorna Garey
While the Massachusetts Bay Transportation Authority Communities Act, better known as MBTA-C, gets the lion’s share of press coverage, a new, lower-profile zoning law change around accessory dwelling units, or ADUs, is just as significant. The Affordable Homes Act, which Governor Maura Healey signed into law in August 2024, made major revisions in the rules governing ADUs, or accessory dwelling units, which are defined as self-contained housing units with sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling.
Most cities and towns have zoning bylaws governing these so-called “granny flats,” which have historically been a popular way for seniors to age in place in small apartments attached to a family home. The new provisions, which went into effect on Feb. 2, aim to change that perception by, among other changes, removing the requirement for units to be inhabited by family members. The hope is to spur the creation of many more ADUs across the state, with options for renters of all ages and an opportunity for homeowners to earn rental revenue.
However, some city councilors have voiced concerns, including more parking congestion, traffic, loss of green space, and absentee landlords cramming in units that will soon become rundown. Many worry that the character of neighborhoods will change, and not for the better. Despite the name “Affordable Homes Act” attached to the overall bill, ADUs are market rate, fueling naysayers further.
“This is going to have adverse effects in the Holyoke section of my neighborhood, because, as you know, I have an incredible amount of absentee landlords,” said Ward 7 Councilor Chris Simonelli, who floated the idea of an additional tax on property owners who neglect their properties.
How many units might we be talking about? In a press release, the Executive Office of Housing and Livable Communities estimated that 8,000 to 10,000 ADUs might be constructed over the next five years statewide and said that residents seeking to build ADUs for people with disabilities or those over 60 may be eligible for no-interest financing through the state’s Home Modification Loan Program. In Malden, as of Monday, Malden Building Commissioner Nelson Miller said there have been no ADU applications filed to his office.
City staff have worked to understand and prepare for the new law, Alex Pratt, Malden’s incoming Strategic Planning and Community Development Director, announced at the January 7 city council meeting. On several occasions, city planner Michelle Romero briefed the council on the evolving provisions of the new ADU law, which include:
By-right approval: Homeowners in zoning districts where single-family residential is allowed can construct one ADU on their property without the need for special permits. This includes Residence A, Residence B, Residence C, Residential Office, and Neighborhood Business zoning districts in Malden, Romero said. These units may not exceed 900 square feet or 50% of the gross floor area of the principal dwelling, whichever is smaller.
The state provided a graphic to show possible permutations.
Safety: An ADU must maintain 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.
Owner-occupancy requirements: Municipalities are prohibited from imposing owner-occupancy requirements for either the principal dwelling or the ADU. And, the additional unit cannot be required to be affordable.
Parking spaces: No more than one additional parking space may be required for an ADU. However, if the ADU is located within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus route, no additional parking can be mandated.
“Which is the entire city of Malden, except a small portion of the Middlesex Fells Reservation,” Romero said.
She clarified that the state may possibly change the guidelines to replace “bus route” with “bus station,” which would allow for requiring a parking space, and in fact, the adopted bylaw does require parking for some units.
While municipalities may not “unreasonably restrict” the creation or rental of ADUs, they can set rules on dimensional setbacks and the bulk and height of structures, and they may require site plan reviews. They can also regulate or prohibit the use of ADUs as short-term rentals, a step Malden is taking consistent with existing ordinances. Homeowners seeking to add more than one ADU will still require a special permit. The full text of the law is here.
“I really believe ADUs can be a positive way of helping seniors age in place and fostering multi-generational living in an expensive housing market,” Ward 3 Councilor Amanda Linehan told Neighborhood View.
Unlike many municipalities, Malden was proactive in adopting allowable controls, moving quickly to develop guidelines despite the state moving the goalposts at the last minute. Cities and towns that didn’t take action by Feb. 2 will be unable to add provisions to the state law. Linehan pointed out at the Council’s Jan. 28 meeting that not adopting the bylaw would make the city unable to impose rules.
“We’ve been advised by our city planner that this is the ceiling and that if we want to amend it downward, we’re able to do that,” said Council President Ryan O’Malley. “What we can’t do is, we can’t make it more restrictive.”
Residents who sent communications to the Council to be read into the record were overwhelmingly in support of the new law. Those who are interested in adding an ADU should know these facts from the City of Malden ADU regulations:
1. Before you can get a building permit or certificate of occupancy for any ADU, a site plan review and approval from the site plan review committee are required. The city may “review and impose reasonable terms and conditions on, the appearance and layout of a proposed use of land or structures for an ADU prior to the issuance of a building permit; and may consider what reasonable requirements concerning dimensional standards, such as dimensional setbacks, lot coverage, open space, bulk, height and number of stories of the structure, if any, should be imposed on the use.”
Councilors called out as an example a situation where an ADU might overlook a neighboring yard with a pool or hot tub and invade the privacy of residents in the adjacent dwelling.
2. Only one unit shall be allowed on a single lot, and the property must contain a principal dwelling. That said, an ADU may be in the same building as the principal dwelling, an addition to the principal dwelling, or in a detached building. Only one kitchen is allowed.
3. For property that is within one-half mile of Oak Grove or Malden Center Station, no parking space shall be required for the ADU. Outside that range, there must be one parking space dedicated to the unit.
Councilors thanked town staff for their hard work on the new bylaw, which seeks to balance the state’s ADU requirements with the city’s ability to manage potential negative effects, especially in neighborhoods that already face parking and traffic challenges.
Potential next steps include staff seeing how many applications come in over the coming months, assessing the potential impacts on city services and schools, and working on ways to mitigate concerns about property maintenance and nuisances.
Romero cautioned that state guidelines are evolving, and while it’s possible the city could see hundreds or thousands of new units, this is uncharted territory.
“The magnitude of the impacts which this law will have on most neighborhoods in Malden remains to be seen,” she said.
Linehan acknowledged concerns including loss of local control as the state did not allow municipalities to set minimum setbacks or lot sizes, for example.
“This is not an easy situation for us to be in,” she said. “If we had crafted this ourselves, probably it would look a little bit different.”
But she pointed out opportunities for residents and said city staff will be ready to assist those interested in adding a unit.
“What I find folks asking about is, again, multi-generational living, or they’ve got a child that’s graduated from college and looking to move home for a couple of years before they try to enter the housing market themselves,” she said. “It is an income opportunity the way that it’s written. You know, we’re not up here naive to that fact. But there is also a large segment of the community that genuinely does see this as something that will help them to adapt the home that they already live in for the long term. And I think that it’s important to keep those folks in mind.”
Like this article and want to read more upcoming news stories about Malden? Subscribe (for free) to Neighborhood View and get each published story delivered directly to your email. Established in 2014, Neighborhood View is Malden’s citizen journalism publication, a program of Urban Media Arts.
Want to become a citizen reporter for Neighborhood View? Email anne@umaverse.org and learn more!
Be the first to comment