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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ADOPTED! Companion Corner: Cali and Kyzer at Berkshire Humane Society

By Breanna SteeleiBerkshires Staff

Great news, Kyzer and Cali found a home for Christmas already! Still looking for a new friend for the holidays? There are plenty of dogs and cats and small animals at Berkshire Humane who would love to go home with you.

PITTSFIELD, Mass. — There's a bonded dog pair awaiting a new family at the Berkshire Humane Society.

Kyzer and Cali are both poodles. Kyzer is the male and is 7 years old, a quite a bit bigger than his sister Cali, who is a miniature of Kyzer and 8 years old.

Canine adoption counselor Rhonda Cyr introduced us to the two.

"They came from a household that couldn't hold on to them, and it sounds like they may have been abandoned by their previous owner with somebody else, and so they came to us looking for a new home," she said.

The two love to be around you and snuggle. But both are very happy dogs.

"Kyzer is 7 years old, and his personality is that he kind of wants to be in everything. He's very loving, very snuggly, as you can tell. And Callie here, she's 8 years old, and she is kind of like the life of the party," said Cyr. "She wants to tell you everything about her day, and she's a little bit of a little ham."

The two are considered seniors and really like soft treats as Cali just had a few teeth removed and Kyzer has a tooth procedure coming up.

"Currently, they really like soft treats, because they are both on the senior side of things. So they have had some dental work, so they are really in need of something softer. They are not big chewers at this age, really, their main focus right now is just really socializing and cuddling," Cyr said.

The two would love a quiet home with someone who wants to snuggle. They shouldn't go to a home with bigger dogs but if you have a dog, you can bring them in for a visitation with the poodles to see if they will get along. Cats will be fine and the preference is for older and more responsible children so that the pups don't get hurt, as they are senior citizens.

"The perfect home for them would be a quiet home that's not too active. Like I said, they're very social, so they could handle some visitors," she said. "They're very friendly, but I don't think that they would really enjoy any other dogs in the home."

Poodles need to be regularly groomed, and the prospective adopter will have to keep an eye on their health. Kyzer has a heart murmur that needs to be monitored. This doesn't mean he is in bad health, as he could live a perfectly normal life, but he will need to be checked by a veterinary specialist routinely.

"Ideally, he would go to a home that could provide further health care with a specialist in cardiac care. And you know, he could very well live out the rest of his life comfortably and happy," Cyr said. "We just don't have all that information at the moment, but I think that you know the way he's going right now. He's got a good spirit, and he seems to be pretty happy."

The shelter is hoping the to get them a home for the holidays.

"We would love to get them a home in time for the holidays. They've been here since the eighth of November, and they're really, really looking as much as the staff loves them here, we're really looking to get them into a home and somewhere nice and cozy so they can spend the rest of their life together," she said.

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