Revere council asks city solicitor to draft home‑rule petition seeking exemption from state ADU rules

The Revere City Council voted to request that the city solicitor draft a home‑rule petition to exempt the city from portions of the Commonwealth’s new ADU provisions and allow Revere to retain local ADU rules under Title 17, Councilor Kelly said Monday.

Kelly presented a substitute motion asking the solicitor to draft a home‑rule petition "exempting the city of Revere from the Commonwealth zoning requirements relative to accessory dwelling units." Councilors approved the substitute motion by voice vote.

Council discussion before the vote was extensive. Councilor Kelly argued that Revere’s existing ADU ordinance contains ‘‘common‑sense’’ provisions — including a two‑year owner‑occupancy requirement, limits to single‑family properties, and a one‑ADU‑per‑dwelling cap — that the state statute does not impose. Kelly said the state definition of a public transit stop (which includes MBTA bus stops) could remove local parking requirements citywide because bus stops are widespread in Revere. "Because bus stops blanket our city, ADUs in Revere will be allowed to be built everywhere without any off‑street parking required," Kelly said.

Other councilors raised related concerns: potential impacts to public safety and emergency services, the absence of funding tied to state mandates, and uncertainty about what courts or regulators would consider “reasonable” local restrictions. Councilor Argenzio and others questioned whether the city should instead pursue a legal challenge; city planning staff and legal counsel present cautioned that litigation is uncertain and that a measured approach — drafting defensible, locally tailored rules — could be more productive.

Tom Skroski (identified in the meeting as a planning official) advised the council to wait for the state’s forthcoming model bylaw and suggested the administration and council collaborate to draft locally tailored regulations that could be defensible in court if challenged. Several councilors said they wanted the city to preserve tools to restrict ADU placement in dense commercial corridors and protect neighborhood character.

The substitute motion instructing the city solicitor to draft a home‑rule petition passed on a voice vote; councilors said the petition, if drafted, would seek authority to preserve Revere’s existing ADU rules rather than block ADU creation citywide. Councilors also discussed pursuing other avenues, including committee review and potential litigation, but the recorded council action on Monday was the request for a home‑rule drafting.