DALTON, Mass. — There is uncertainty surrounding implications accessory dwelling units will have on the water and sewer rates.
The town does not currently have any ADUs built yet, but one has recently been permitted. The town passed its ADU bylaw in 2022, which had been in development since October 2020.
It is unclear if the topic of how the town would set its sewer rates was discussed during the bylaws development. The tax collector does not have any rates for this type of housing.
On Aug. 6, the state updated its law to allow AUDs without local zoning approval if they meet certain requirements. This state law would not go into effect until February 2025.
The Fire District, a separate governing body that oversees the Water Department, has started discussions on how to set up the water rate structure for all types of ADUs.
There are three main types being considered: ADUs up to 900 square feet attached to the main house, tiny houses under 400 square feet on a foundation, and mobile tiny houses on wheels, Planning Board member Don Davis said during the Board of Water Commissioners meeting on Tuesday.
ADUs up to 900 square feet and attached to the main house and tiny houses are permitted in town.
The Planning Board has been considering amending the bylaw to allow mobile tiny homes,
The efforts to amend the bylaw have been met with obstacles surrounding its tax implications. More information here.
"With us as a Planning Board, we're trying to figure out what we need to put in for stipulations, and this is why the town planner has probably reached out to you guys," Davis said.
A lot of people are assuming that the town and water department can just hook up the water or sewer and be good to go, he said.
However, there are a lot of things that need to be considered, including meeting the state Department of Environmental Protection regulations, backflow prevention, among other things, Davis said.
The board is trying to figure out what to include in its bylaw, whether it is curb-stop, connection fees, or other matters associated with water and sewer regulations.
"Just to review that, with the thought in mind that we need to make sure we protect the water system," Water Commissioner Michael Kubicki said.
Once that is figured out, the district needs to adjust the regulations and rates based on the different types of units, he said.
With an ADU on a foundation, there would probably be a sewer connection and a water connection with its own independent curve stop.
When it becomes a sewer or a well system, then you also have to worry about conservation or the health department to figure out what the septic system is big enough to handle it, Davis said.
"We're just looking for the impact fee to the people that are building or buying these and how they're going to be implemented because it's pretty unclear," he said.
"Maybe they think they could just put a hose to it, and then who knows what happens. So trying to connect all the bases."
With a mobile unit, if they connect a hose to it and it is there over the winter, they would need to put some kind of heat cable on it or leave it running for it not to freeze, Water Superintendent Bob Benlien said.
So there are different questions that come up, like whether or not these units need to be metered, he said.
ADUs on a foundation should have a separate category from mobile units, Benlien said.
"If they're placed on a slab and they're attached to the ground, then I think they should have their own service connection," he said.
Mobile units should have the same guidelines similar to what a mobile park has, Benlien said.
It would come out of the ground and need to be frost resistant, Davis agreed.
Right, Benlien said, it would have to have something like skirting and insulation around it.
This is something the district needs to talk about further in detail during a future meeting when potential options have been thought about further, Kubicki said.
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Berkshire Towns Can Tap State Seasonal Communities Resources
BOSTON — Governor Maura Healey announced that 18 additional municipalities across Massachusetts have been designated as Seasonal Communities, opening up new tools, support and grant funding to help them manage seasonal housing pressures.
Created as part of the historic Affordable Homes Act signed into law by Governor Healey in 2024, the Seasonal Communities designation was designed to recognize Massachusetts communities that experience substantial variation in seasonal employment and to create distinctive tools to address their unique housing needs. The law also established the Seasonal Communities Advisory Council (SCAC).
All municipalities in the counties of Dukes and Nantucket;
All municipalities with over 35 percent seasonal housing units in Barnstable County; and
All municipalities with more than 40 percent seasonal housing units in Berkshire County.
To identify additional communities, the Executive Office of Housing and Livable Communities (HLC) reviewed available data, specifically focusing on cities and towns with high levels of short-term rentals and a high share of second- or vacation homes.
In Berkshire County, Egremont, Great Barrington, Lee, Lenox, New Marlborough, Richmond, Sandisfield, Sheffield, West Stockbridge and Williamstown have been designated.
"Our seasonal communities are a vital part of Massachusetts' cultural and economic fabric, but they're also home to essential workers, families, seniors, and longtime residents who deserve a place to live year-round," said Governor Healey. "That's why we're committed to supporting these communities with innovative solutions like the Seasonal Communities designation to meet their unique needs, and I'm thrilled that we're offering this opportunity to 18 additional communities across the state. Everyone who calls these places home should be able to live, work and grow here, no matter the season."
As with the statutorily identified communities, acceptance of the designation for municipalities is voluntary and requires a local legislative vote. HLC will open an application for newly eligible communities that haven't accepted the Seasonal Communities designation to request consideration.
The Affordable Homes Act created several new tools for communities who accept the Seasonal Communities designation to be able to:
Acquire deed restrictions to create or preserve year-round housing
Develop housing with a preference for municipal workers, so that our public safety personnel, teachers, public works and town hall workers have a place to live
Establish a Year-Round Housing Trust Fund to create and preserve affordable and attainable housing for year-round residents
Create year-round housing for artists
Allow seasonal communities to develop a comprehensive housing needs assessment
Permit tiny homes to be built and used as year-round housing
Permit year-round, attainable residential development on undersized lots
Increase the property tax exemption for homes that are the owners' primary residence
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