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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Pittsfield Signs Negotiating Rights Agreement With Suns Baseball Team

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The Suns will call Wahconah Park home again. 

On Tuesday, the Parks Commission accepted a negotiating rights agreement between the city and longtime summer collegiate baseball team, the Pittsfield Suns. It solidifies that the two will work together when the historic ballpark is renovated. 

It remains in effect until the end of 2027, or when a license or lease agreement is signed. Terms will be automatically extended to the end of 2028 if it appears the facility won't be complete by then. 

"It certainly looks like it lays out kind of both what the Suns and Pittsfield would like to see over the next year or so during this construction plan, to be able to work together and work exclusively with each other in this time," Commissioner Anthony DeMartino said. 

Owner Jeff Goldklang, joining virtually, said he shared those thoughts, and the team looks forward to starting negotiations. After this approval, it will need a signature from Mayor Peter Marchetti and the baseball team. 

The negotiating rights agreement recognizes the long-standing relationship between Pittsfield and the team dating back to 2012, and the Suns' ownership group's historical ties to Wahconah Park and the city dating to the 1980s. The team skipped the 2024 and 2025 seasons after the historic grandstand was deemed unsafe in 2022.  

The Suns were granted the exclusive right to negotiate in good faith with the city for a license or lease agreement where the Suns will be the primary tenant. During the terms of the agreement, the city can't negotiate or enter into an agreement with another party for leniency, licensing, or operation of Wahconah Park for professional or collegiate summer baseball. 

"The Parties acknowledge the historic and cultural importance of Wahconah park to the residents of Berkshire County and share a mutual goal of providing community access, engagement, and programming on a broad and inclusive scale," it reads. 

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