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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Lanesborough Planners Bring STR, ADU, Signage Bylaws for Town Vote
By Breanna SteeleiBerkshires Staff
LANESBOROUGH, Mass. — The Planning Board held a public hearing on the much anticipated bylaws for short-term rentals, accessory dwelling units, and signage to be presented at the annual town meeting.
For the past few months, planners have diligently been working on wordage of the new bylaws after Second Drop Farm's short-term rental was given a cease and desist because the building inspector said town bylaws don't support them.
The board voted on each of the four articles and heard public comment before moving to entertain any amendments brought forward.
A lot of discussion in the STR section was around parking. Currently the drafted bylaw for parking states short-term rentals require two parking spaces, and with three or more bedrooms, require three spaces but never more than five.
There were questions about the reasons for limiting parking and how they will regulate parking renters choose to park on the lawn or the street. Planners said it is not their call, that is up to the property owner and if it is a public street that would be up to the authorities.
Some attendees called for tighter regulation to make sure neighborhoods are protected from overflow.
Lynn Terry said she lives next to one of the rented houses on Narragansett Avenue and does not feel safe with all of the cars that are parked there. She said there can be up to 10 at a time on the narrow road, and that some people have asked to use her driveway to park. She thinks limiting to five cars based on the house, is very important.
The wordage was amended to say a parking space for each bedroom of the house.
Rich Cohen brought up how his own STR at the Old Stone School helps bring in money and helps to preserve the historic landmark. He told the board he liked what they did and wants to see it pass at town meeting, knowing it might be revised later on.
He said the bylaws now should not be a "one size fits all" but may need to be adjusted to help protect neighborhoods and also preserve places like his.
After asking the audience of fewer than 20 people, the board decided to amend the amount of time an short-term rental can be reserved to 180 days total a year in a residential zone, and 365 days a year in every other zone. This was in the hopes the bylaw will be passed and help to deter companies from buying up properties to run STRs as well as protecting the neighborhood character and stability.
They also capped the stay limit of a guest to 31 days.
Cohen also asked them to add "if applicable" to the Certificate of Inspection rule as the state's rules might change and it can help stop confusion if they have incorrect requirement that the state doesn't need.
The ADU portion did not have much public comment but there were some minor amendments because of notes from KP Law, the town counsel.
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