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Brookline debate over ADU rules: planning seeks broad AHA compliance; residents propose tighter limits
Summary
Planning Department proposed an Affordable Homes Act–compliant ADU update that removes owner‑occupancy requirements and raises size limits; a substitute motion from community members seeks to preserve FAR/open‑space protections and require special permits for some conversions. The Select Board urged a compromise so the town meets the state deadline while giving the comprehensive‑plan process time to consider broader changes.
The Select Board heard competing proposals on Oct. 15 to update Brookline’s accessory dwelling unit (ADU) rules to comply with the Massachusetts Affordable Homes Act (AHA).
Planning staff (Becca Murri) proposed amendments that mirror the state baseline: updating the ADU definition to the AHA standard (ADU size equal to the lesser of half the gross floor area of the principal dwelling or 900 square feet), removing the town’s owner‑occupancy requirement, allowing conversion of garages with a parking plan, relaxing some non‑dimensional restrictions and raising height allowances for detached ADU structures to preserve neighborhood character. Staff argued Brookline’s 2019 rules and the interim amendments made in 2024 left the town too restrictive in practice and that the proposed changes reduce barriers while still permitting reasonable dimensional and massing standards.
Roger Blood and Dick Bena presented a substitute motion urging a narrower approach. They argued the Department’s draft would effectively negate floor‑area‑ratio (FAR) and minimum open‑space protections and allow by‑right construction or conversion of 900‑square‑foot ADUs on very small or already overbuilt lots. The substitute motion would impose a 130% cap on total FAR (relaxing the town’s prior 120% standard) and require special permits where conversions would increase non‑conformities or where setbacks for dwelling units would be reduced; it would also retain language discouraging separately deeded condominium ADUs and keep limits on exterior egress stairways visible from the public street.
Town counsel (Jonathan Simpson) told the board the AHA amends section 3 of the zoning act and that municipal decisions will hinge on whether local restrictions are “reasonable” under the new law; he said two paths exist: write broad, permissive local rules that expose fewer applicants to successful legal challenge, or adopt tighter restrictions that may be litigated and resolved case‑by‑case. Several Select Board members urged a compromise that ensures Brookline meets the February compliance deadline without sweeping non‑dimensional changes that town meeting or the comprehensive plan should consider.
No final Select Board override was adopted on the competing drafts at the meeting; staff said they would meet with proponents of the substitute motion and Town Counsel to seek compromise language and return to the board before Town Meeting.
