Brookline Considers Changes to ADU Bylaw Amidst State Law Adjustments

The Brookline Select Board’s recent meeting primarily focused on proposed amendments to the town’s Accessory Dwelling Unit (ADU) bylaw, aligning local regulations with state mandates under the Affordable Homes Act. This legislative shift requires Brookline to adopt more permissive rules, impacting local governance of ADUs. In addition, the board deliberated on budgetary amendments to address fiscal shortfalls and discussed proposed changes to the town’s inclusionary zoning policies.

The meeting commenced with a discussion on Warrant Article 14, concerning revisions to Brookline’s ADU bylaw. The revisions aim to bring local regulations into compliance with state law changes under the Affordable Homes Act. Jonathan Klein, a town meeting member and chair of the ADU subcommittee of the Housing Advisory Board, explained that the town’s initial bylaw was disapproved by the attorney general due to inconsistencies with state requirements. The proposed changes introduce the concept of “protected use ADU,” expanding ADU permissions beyond previously restricted single-family zones to any district allowing a single-family home.

Key adjustments in the proposed bylaw include allowing ADUs by right, eliminating the five-year dwelling requirement before applying for an ADU, and modifying height and setback rules to match those of principal dwellings. Klein highlighted that ADUs could now exceed the height of principal structures and reach a maximum size of 900 square feet, in accordance with state law. The removal of parking requirements for protected use ADUs throughout the town is another significant change, aimed at simplifying the ADU approval process.

The board engaged in a discussion about the bylaw’s implications. Concerns were raised about the enforceability of the previous bylaw, leading to hesitance from applicants to pursue ADU applications under the old regulations. Questions also emerged about the specifics of height limitations and the calculation of square footage for basement and attic ADUs, to which Klein responded by emphasizing the new bylaw’s alignment with state law and its requirement for self-certification.

As the meeting progressed, the board examined various fiscal matters, including amendments to the golf enterprise budget for fiscal year 2026. Deputy Town Administrator Melissa Goff presented the proposal to use retained earnings to offset a projected shortfall due to unexpected course improvement expenses. She mentioned a potential $200,000 addition to the reserve, designed to replenish itself if unneeded. The board also assessed anticipated deficits in the fire department budget, with a contingency fund now available due to the school department managing its financial needs through alternative means.

Budgetary discussions were followed by a presentation on Article 15, concerning inclusionary zoning. Alec Leovitz, representing the petitioners, proposed reverting the unit threshold for developments subject to inclusionary zoning from 10 units back to 19. This change seeks to align with previous standards and address community concerns raised in 2023 regarding the need for more on-site affordable units rather than cash contributions.

The meeting also addressed the Community Preservation Act (CPA) funding for affordable housing. Discussions revealed that the Affordable Housing Trust Fund has emerged as an effective mechanism for creating affordable housing units. However, the administrative burden of managing small numbers of affordable units from mixed-use developments prompted a proposal to encourage cash options for smaller projects, allowing for more efficient investment through the trust. Concerns about potential economic segregation were raised, with assurances that obligations for larger developments, which provide the majority of on-site units, remain unchanged.

The board then considered Article 10, which clarifies the prohibition on advisory committee members holding elective town office positions, except for town meeting members or constables. This proposed revision aims to maintain the advisory committee’s independence and prevent conflicts of interest.

Attention turned to Article 12, which involves public records requests and responses. The revised article calls for a monthly index of public records requests to improve transparency, with the town clerk responsible for the new requirements. The board evaluated the anticipated financial costs associated with implementing the article, estimated at approximately $2,400 annually, though some members expressed concerns about higher potential costs.

Some members expressed reservations about speculative claims regarding potential cost savings, and the board decided to postpone the vote until further discussion could occur.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
Charles Carey
City Council Officials:
Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman, Paul Warren

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