Encouraging Accessory Dwelling Units (ADUs) in Brookline: 2024 Zoning Amendment

In light of minimal results from previous restrictive provisions, the 2024 Annual Town Meeting in Brookline aims to encourage the creation of more Accessory Dwelling Units (ADUs) by increasing allowable square footages, relaxing owner-occupancy documentation requirements, and aligning with potential state ADU provisions. The intent is to provide housing flexibility, increase diversity of choices, and add to the town's housing stock.

• Brookline
• 2024 Zoning Amendment
• ADUs
• Housing
• Accessory Dwelling Units

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1. Zoning Amendment to Encourage Creation of More Accessory Dwelling Units (ADUs) 2024 Annual Town Meeting

2. Background Original ADU Zoning Authority approved by Town Meeting in November 2019. 2019 Article contains restrictive provisions, produced minimal results. Current HAB initiative to bring improved ADU measure was delayed a year. HAB committed to bring ADU article to 2024 Annual Town Meeting without further delay. At state level, Governor s $4.1Bn Housing Bill includes ADU provisions that would preempt local zoning, including expanded As-of-Right ADUs. Eventual outcome of state proposals currently unknown, pending legislative review and approval. Current article that encourages more ADUs recognizes that Brookline s ADU Bylaw must align itself with whatever preemptive ADU provisions the Commonwealth may eventually adopt.

3. Intent of Zoning to Authorize Accessory Dwelling Units in Single-Family Homes To provide flexibility for families as their needs change over time and, in particular, provide options for older adults to be able to stay in their homes To increase the diversity of housing choices in the Town while respecting the residential character and scale of existing neighborhoods To provide a non-subsidized form of housing that is generally less costly to produce and more affordable than similar units in multifamily buildings To add housing units to Brookline s total housing stock with minimal adverse effects on Brookline's neighborhoods

4. Specific Warrant Article changes designed to encourage creation of more ADUs

5. Increases allowable ADU square footages Increases As-of-Right maximum ADU square footage from 750 to 900 sq. ft./lesser of 40% vs. 30% of total building floor area. Increases Special Permit maximum ADU square footage from 950 to 1,200 sq. ft./ lesser of 40% vs. 30% of total building floor area (Special Permit size limits subject to further discussion).

6. Relaxes requirements relating to owner-occupancy documentation Eliminates requirement that owner-occupant applicant provide initial and annual certification/affidavit attesting to continued owner-occupancy; instead, owner- occupancy to be documented entirely via the subject property appearing in the Town Assessor s Residential Exemption database, subject to certain prescribed timeframes. Eliminates current Bylaw requirement that the applicant has owned/occupied the subject property for at least five years ( look-back period ).

7. New provision: Non-owner-occupant investors would be required to deed-restrict their ADU as Affordable New provision: All applicants must self-identify either as an owner-occupant or as an absentee owner/investor/developer. All applicants must agree in writing to comply with all terms of the ADU Bylaw. An absentee owner/investor or developer applicant who does not sell to an owner-occupant by 24 months after ADU completion, but continue as a for-profit rentttal, must accept the obligation to deed-restrict the ADU at affordable rent levels (renter incomes <=80% AMI) for at least 15 years. Failure to deed-restrict as affordable will result in revocation of Certificate of Occupancy.

8. Exterior appearance Eliminates prohibition of a 2ndstreet-facing entrance doorway Eliminates requirement that property can have no more than one mailing address Eliminates requirement that property can have no more than one street-facing mailbox or mail slot Eliminates requirement that property can have no more than one utility meter or submeter. Authorizes ADU to have separate metering of utilities (electric, gas, water)

9. For new exterior additions, design compatibility language remains unchanged Exterior alterations are permitted, provided they are in keeping with the architectural integrity of the structure, including but not limited to: The exterior finish material should be the same or visually consistent with the exterior finish material of the remainder of the building; The roof pitch should be consistent with the predominant roof pitch of the remainder of the building; Trim should be consistent with the trim used on the remainder of the building; Windows should be consistent with those of the remainder of the building in proportion and orientation.

10. Minimum property age Subsequent change of ownership Eliminates minimum age of property that is the subject of ADU application (currently 5 years) Subsequent owners will provide Building Commissioner with a one-time affidavit acknowledging and agreeing to continued compliance with all requirements of this ADU Bylaw section. Subsequent annual certifications no longer required.

11. Legalizing pre-existing unauthorized ADUs Eliminates minimum five-year age requirement for the pre-existing unauthorized unit. Unauthorized pre-exiting unit now permitted up to the lesser of 1,200 sq. ft. or 40% of the total property sq. ft. vs. 30% under current Bylaw.