The planning board will hold a public hearing at 7:30 p.m. Tuesday on an Annual Town Meeting warrant article that could significantly change Andover’s zoning laws by allowing for the construction of accessory dwelling units.
A state law signed by Gov. Maura Healey last year allows ADUs, which include in-law apartments, in areas currently zoned for single-family homes. The law is aimed at increasing the state’s housing stock. Many communities, including Andover, have not previously allowed ADUs, or only allowed them by special permit.
ADUs allow for in-law apartments in single family homes. The rule changes being considered by the planning board would give Andover some control over the ADUs, but the Town can no longer prevent their construction. Final approval of the changes would come at annual town meeting, which begins April 29.
“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,” Town Counsel Doug Heim said when the select board discussed the ADU rules in August. “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’.”
Under the draft bylaw the planning board will discuss Tuesday, ADUs could not be used for short-term rentals. Other proposed regulations include:
- ADUs will only be allowed on lots with an existing dwelling unit.
- ADUS will need to have a separate entrance from the primary residence.
- ADUS will need to comply with existing zoning rules, including setbacks and building height.
- ADUs would be limited to gross floor space of 900 square feet or one-half the gross area of the prinicpal dwelling unit.
- ADUs must have one dedicated off-street parking space if they are located more than a half mile from an MBTA station.