Pittsfield Looks to Update Zoning for ADUs

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — Accessory dwelling units will be by-right in early 2025 and the city wants to be prepared.

On Tuesday, the Community Development Board voted to become the petitioner for amendments to the City Code that reflect the new ADU legislation. City Planner Kevin Rayner has crafted a draft ordinance that the board will dig into before it goes to the City Council.

As a part of the $4.1 billion Affordable Homes Act signed into law over the summer, ADUs up to 900 square feet can be built by right in single-family zoning districts.

"This legislation will go into effect February 2, 2025, so we're trying to get our ordinance to accommodate ADUs by that point," Rayner said.

"Our ordinance wasn't prohibitive against accessory dwelling units, but we do need to up our dimensional requirements to kind of accommodate for them as they are, sort of like an accessory structure, in a way but they have some different requirements because they are being used as a dwelling."

The city plans to allow ADUs in a one- to two-family residential use, allowing for duplexes that meet other requirements to have one.

Most of the amendments will take place in Article 23 Section 9.101, which outlines restrictions for accessory buildings.  

"They're mostly dimensional. We're going to make it so that maybe you can't take up more than 20 percent of the lot coverage," Rayner said.

"We are going to have it be 20 feet from the rear lot line and the logic behind that is, like we said in the previous discussion, accessory structures can go from 10 feet all the way up the lot line as long as they meet fire code and we figured because it's a dwelling, because somebody's living there, you wouldn't want somebody right up against your rear property line who is occupying and living in that dwelling."

Under the current code, an ADU in a residential district cannot exceed 15 feet in height, cannot be located closer than 10 feet to the principal building, and cannot occupy more than 10 percent of the total lot.

"We've also talked about height in there, the accessory structure height is 15 feet and we have kept that standard in the ADU but it is amendable for a special permit," Rayner explained.

"So if they wish to go higher, or if there's an existing structure that they're putting an ADU in and that is over 15 feet that can be overcome with a special permit. The special permit granting authority in that case we've decided will be the Zoning Board of Appeals, unless that property is in the downtown Creative District, where then it would be this board."



He reported that one ADU is by right but any additional ADU will require a special permit.

"Each ADU will require one additional on-site parking spot to compensate for the increase in the dwelling," he added.

"And we've kept the size requirement consistent with the state legislation, which says it will be half the gross floor area of the principal structure or 900 square feet, whichever is smaller."

The state gave the option to allow short-term rentals to be ADUs, which the city has taken up.

"We’ve decided that we don't want to prohibit short-term rental ADUs," Rayner said.

"And the logic with that is, if you have an ADU on your property, the owner might go into an ADU and then rent out the main structure."

Board member Matthew Herzberg asked how the ordinance will work in districts with a form-based code, explaining that in some cases, it may be more permissive than what is written.  Rayner said that it should be allowed by right in residential areas but the city doesn’t want to be prohibitive and this will be considered.

The parking requirement may be something to look at, board member Libby Herland added, especially in the Downtown Creative District.

Also on the agenda was a discussion about short-term rentals, which is popping up all over Berkshire County. Rayner explained that these are trickier than ADUs.

"Short-term rentals are a little bit more tricky than the ADUs in how they are going to be regulated and how certain different departments within the city government will interact with each other in terms of short-term rentals," he explained.

"And so we wanted to take a step back and make sure our draft was a good place before we brought it before the board. We do anticipate that that draft will be ready by the December meeting."


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BRPC Votes in New Director, Bids Farewell to Matuszko

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The BRPC board voted Thursday to make Laura Brennan its next executive director.

Brennan is the economic development program manager for the Berkshire Regional Planning Commission. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Brennan was the preferred candidate the Executive Search Committee, which voted last week to present her and candidate Jason Zogg to the full committee. Zogg withdrew his application on Wednesday.

Board members congratulated Brennan, who was in attendance, with Chair Douglas McNally saying they have her back.

The commission voted to create a three-person negotiation subcommittee with executive committee members Malcolm Fick, Buck Donovan, and Sam Haupt. They will negotiate benefits, compensation, and terms of employment.

Brennan will be taking over for retiring Executive Director Thomas Matuszko. Matuszko was appointed as executive director in 2018, having previously been a principal planner from 1997 to 2000 and then assistant director from 2001. The new director will be the fourth in nearly 60 years.

Matuszko gave his last executive director report, amending the bylaws and changing the wordage to be more inclusive among other notes.

McNally said he was grateful that he made sure to do that before his leave.

Since it was Matuszko's last meeting those in attendance thanked him for his time at the BRPC.

"I had to just say you have had a huge positive impact on the Berkshires and thank you," said McNally.

"Thanks for my internship, Tom, 20-plus years ago, and everything you've done for Berkshire County," said Sarif and Matuszko said he was happy to still see her here after this long.

"I think Laura has learned a lot from you, and so she'll just be able to carry on. And so tonight is a great night for Berkshire County," said Christine Rasmussen.

"It's really, it's been a great ride, and I've enjoyed it almost all the time," said Matuszko. "There have been only very few times that hasn't been extremely enjoyable and satisfying. So I mostly appreciate the support that you all have given me and delegates and alternates over the years have given me and provide our staff."

He urged them to have the same relationship with Brennan, and provide her the help and support to be successful. 

"Thank you for all you've provided me with an opportunity, a great opportunity. I couldn't have asked for a better career."

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