An Opinion Piece By Wayne Hayward, Planning Board Member (1991-2023)
Special to the Neighb News
Town Meeting Article 20A proposes to accommodate additional living spaces in the Town of Fairhaven. There are many identified needs and depending on the intent, there are many approaches as well. Currently, Fairhaven offers and accepts application for these similar types of “Accessory Dwelling Unit”: In-law Apartment Unit, Accessory Apartment Unit, Dwelling Conversion Unit, Duplex Dwelling Unit, Semi-Detached Unit, Two-Family Dwelling Unit.
For the most part, all these types of units are difficult to understand from a property owner perspective; What to apply for. We require competent, trained, seasoned employees in the administering of the town bylaws. Untrained staff tend to view some bylaws as broken, when in actuality it may be their lack of training that is at issue. We probably agree with Town/City/Regional Planners, Planning Board members, Municipal Attorneys, Engineers, General Contractors, Investors and Home-Owners from town to town, it’s confusing. Each community can be quite different under Home Rule at the same time.
The approach of this article resembles a temporary, stop-gap provision action and much less a new planned path forward. The tendencies, as with other reactionary zoning issues, is to institute an over-reaction. But until the town hires a zoning consultant and the zoning laws are carefully updated, waiting with our current laws in place is safer for the general public. As opposed to authorizing unbridled uses, then trying to re-regulate them later upon advice of a consultant.
Consistent with other bylaw changes being asked in 2024, you will not be notified of a pending apartment next door. When the backhoe shows up to dig a sewer-line trench by your property side-line, new curb cut for the driveway or the new apartment building in the rear yard, five feet from your property line, that could be the first you hear about it.
As tempting as it is to allow more apartments in town, this bylaw change is not the one to do it. It leaves behind existing language that needs to be cleaned up. It leaves out basic standards and creates a need of additional zoning language.
The Town of Fairhaven Zoning Board of Appeals, which has historically issued various ADU permits for decades, was recently informed by Town Counsel that a different approach would be required moving forward when acting on applications by owners requesting to be exempt from zoning bylaws. There doesn’t seem to be much information whether this article impacts ADU applications, positively or negatively.
Dwelling conversions type ADU are not allowed unless the principal home was built prior to Jan 01, 1940, according to the Fairhaven definition. They also must adhere to 198-18 minimum lot sizes in each district. You would need a 15,000 square foot lot for this ADU conversion in most districts of Fairhaven, or even 30,000 square foot lot on Sconticut Neck. None of the proposed changes produce units which are earmarked for affordable housing. These units will not count towards the 10% goal of the Subsidized Housing Inventory.
What is missing is the proven structure of even a basic state-model-bylaw that speaks to:
• There is no minimum size ADU listed. There is a minimum lot size for dwelling conversions, but not for lots with an accessory apartment.
• There are no setback requirements listed.
• There are no maximum bedrooms listed, especially on un-sewered lots.
• There is no mention of maximum number of people listed.
• Entrance can or cannot be added to the front of existing structures.
• There is no limit of one (1) ADU per lot.
• Yes or No to new curb cuts for second driveways.
• Prevent ADU in new housing construction or allow.
• Basements, attics, garages ADU need to be expressly spelled out.
• Detached garage, large sheds, pool houses could be converted.
• No clarity on campers, seasonal RV, trailers or boats.
Now the Planning Board proposes an ADU “Accessory Dwelling Unit” up to 900 square feet in any zoning district in town, except the Park District. No zoning approval is required for new ADUs, anywhere in the Town of Fairhaven.
Here an ADU, there an ADU, everywhere an ADU
“Accessory apartment to a business”. This ADU use is proposed to be expanded from the current limited provision, to 100% by right use no matter where a business is located in the Town of Fairhaven or whether the business conforms to existing zoning.
“Accessory Apartment/In-law apartment”. This ADU use is proposed to be expanded from the current provision requiring a special permit to 100% by right use in the RA, RB, RC, AG, MU and WRP Districts in Fairhaven. Owner occupied requirement is strangely mentioned in the Use Schedule itself, instead of the bylaw.
When you combine the two expanded uses above to the town as a whole, it would mean just that. An industrial complex could have children live there. Small retail outlets can have their families live attached to the business. Illegal apartments would become legal. No zoning permit is required. Yet, a Building Department Shed Registration is required on your property for any sized shed.
This chapter should have been removed and then replaced in its entirety. Clearly, the proposed bylaw changes are not clearing up matters. The scalpel tool was used extensively on the existing bylaw, but the pen tool was seldom in action. This produced an unbridled bylaw, open to interpretation on a range of specific matters. There are no new, supporting code language additions included. This unfinished bylaw needs much more work before it is ready to change our neighborhoods forever.
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