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Council continues public hearing on accessory-dwelling-unit zoning changes, asks for additional review of proposal for small lots
Summary
The council opened a public hearing on proposed zoning amendments to implement the Massachusetts Affordable Homes Act (Acts of 2024) for accessory dwelling units (ADUs), discussed a council amendment to loosen setbacks for lots 8,000 sq ft or smaller, and voted to continue the hearing to April 1 for further review and legal input.
The Town Council on March 18 held and then continued a public hearing on zoning amendments intended to bring Braintree into compliance with the Massachusetts Affordable Homes Act (Acts of 2024), specifically changes related to accessory dwelling units (ADUs). Acting Planning Director Connor Murphy presented the planning board's recommended changes and dimensional provisions.
Murphy told the council the town filed an application Jan. 31 seeking amendments pursuant to the Affordable Homes Act and that the planning board reviewed and recommended several dimensional revisions. Among the planning board's recommendations were increased accessory-structure setbacks (from 5 feet to 8 feet in several residential zones), a proposed maximum accessory-structure height of about 18 feet (removing 1.5-story references), and a provision permitting a 1:1 rear-yard setback-to-building-height ratio up to a maximum of 28 feet and 2.5 stories.
During public deliberations, Councilor Bridal offered an amendment to carve out an alternative standard for smaller lots — defined in the amendment as lots of 8,000 square feet or less — that would allow reduced side and rear setbacks for those lots. Councilors raised procedural and policy questions: several said they supported the intent to expand ADU access and generational wealth opportunities but wanted more time to vet public-safety and legal implications of changing setbacks. Councilor Hume asked that the proposed carve-out be routed for review by the planning board and town legal counsel. Acting Planning Director Murphy said legal review and consultation with building inspection and public-safety staff would be appropriate; he also suggested an alternative measurement approach that uses lot width.
After discussion, the council voted unanimously to continue the public hearing to April 1 at 7:30 p.m. to allow additional review by the planning board and town counsel and to give councilors time to examine the newly filed amendment. No final vote on ordinance text occurred at the March 18 meeting.
