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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Companion Corner: Moose at Berkshire Humane Society

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — There's a chill Labrador retriever mix at the Berkshire Humane Society that's looking a home where he can take long walks and can cuddle afterward.

iBerkshire's Companion Corner is a weekly series spotlighting an animal in our local shelters that is ready to find a home. 

Moose is a 5-year-old Lab mix and has been at the shelter for about three weeks. Canine caregiver and adoption counselor Simone Olivieri told us about Fox.  

"He just wants to soak up all the attention, all the pets, all of the love that you have to give. He is just a big mush. Very social, buddy," she said.

He had to come to the shelter after his home situation had to change.

"The young woman who brought him in had him since he was a puppy, and unfortunately, her housing changed, so she was not able to keep him with her anymore," Olivieri said.

Moose is a happy boy who likes moderate exercise. While he does not play with toys aggressively, he loves to nibble on them, but prefers to just hang out with his person.

"He loves to go on walks. He likes to hang out with other dogs. He's pretty chill. He's social. He's not super playful, but he does like the company of other dogs, who are also calm like he is," she said. "But mainly, his favorite thing is just being with people. He wants someone to cuddle with at night, cuddle with on the couch. He's just going to be right by your side, glued to you all the time."

Moose can go home with children ages 10 and older and to one with another chill dog. It is preferred he is in a home and not an apartment as he can be a bit vocal when he is alone.

"He could live with another dog, but no small animals, no cats. And a home where someone is home with him a bit would be really good for him, so that he could spend a lot of time with people," Olivieri said. 

Moose is on a special diet for his skin as he has some itchiness caused by allergies.

"He does have what appears to be some kind of skin allergy. He is on medication for that right now as well, and we've been giving him medicated baths. And his hair and coat are growing in nicely, but he did have some patches where there's some hair loss and some definitely some itchiness and irritation in his ears," she said. "But we've given him some ear treatments, and he is on medication right now to help clear that up, and it is looking pretty good."

While Moose can be shy at first but warms up pretty fast once he meets you.

"At first, it does take him not too long, but just a little bit to get used to new people. If he is a little bit uncomfortable with someone, he will bark a little bit, but really, it's just him being a little bit uncertain, and that's kind of how he lets his feelings out. But if you take your time with him and take your time getting to know him, it does not take him long at all to warm right up," she said.

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