A recently-signed state law could dramatically limit Andover’s power to regulate accessory dwelling units like in-law apartments.
The law signed earlier this month by Gov. Maura Healey allows ADUs in areas currently zoned for single-family homes and is aimed at increasing the state’s housing stock. Many communities, including Andover, don’t currently allow ADUs or allow them only by special permit.
“This is a pretty significant law that could have massive implications,” select board member Alex Vispoli said at Monday’s meeting. “But we have no choice…this is passed, it’s signed into law.”
Andover would have some control over the ADUs, including requiring one additional parking spot if the ADU is located more than a half mile from a commuter rail station, Town Counsel Doug Heim told the select board Monday. The new law also allows the Town to prohibit short-term rentals.
The Town can also enforce certain existing zoning laws, such as setbacks and height. Heim said those regulations were still “a little bit murky.” He said towns like Andover are awaiting additional guidance on that portion of the law from the state.
“We don’t just have the discretion to deny something that otherwise meets the requirements of this law and those areas which we can regulate,” Heim said. “It’s not that you can’t regulate them, you can, but you have to regulate them in a very specific way with an eye, not towards denying, but an eye towards ‘you must meet these certain things’.”
The new rules go into effect in February. Heim suggested the Town would want to work on an “accelerated” timetable to implement some of the few restrictions it is allowed to enforce under the new rules.
“What we’re going to have to do is really look at what do we think we need to supplement our current zoning by law with?” Heim said “It’s unlikely that you would see one of these in a front yard. It’s unlikely you’d see one in a place where the setback is maybe too tight…But in my neighborhood, for example, there’s probably not a lot that would prevent most of the homes from building an ADU, and we might want to think about do we want to put a premium on things like height regulations?”