ATHOL – The Planning Board voted Jan. 7 to approve revisions to the town’s Accessory Dwelling Unit Bylaw after the attorney general disapproved portions of the town’s original language.
Director of Planning and Community Development Eric Smith said the attorney general identified four areas of the town’s ADU bylaw, adopted at the June Town Meeting, that must be revised to comply with state law. The board approved changes addressing three of those issues, while holding back on one related to open space residential development to be further reviewed with town counsel.
One change removes language in Athol’s bylaw that limited accessory dwelling units to single-family homes. Smith said the town’s bylaw defined ADUs in relation to a “principal single-family dwelling,” but state law instead uses the broader term “principal dwelling,” which applies to more housing types.
“We basically cannot say ‘single-family’ in our bylaws,” he said.
Smith said the attorney general’s review also cited the section of the bylaw that deals with where ADUs may be located. Under Athol’s original bylaw, ADUs were limited to existing buildings, but state law allows them to be created within a principal dwelling, attached to it, or detached, such as above a garage.
The AG’s review addressed how ADU size must be calculated. Smith said Athol’s bylaw excluded unfinished basements from square footage calculations, but state regulations require those spaces to be counted.
“If it’s an unfinished basement, it’s still square footage,” he said.
Parking requirements were another area flagged by the AG. Smith said the town cannot require one off-street parking space per ADU for properties located within a half-mile of a transit stop, including bus stops.
Later in the meeting, the board resumed discussion of the proposed Battery Energy Storage Systems Bylaw. Smith said the board is not ready to move forward without a clearer understanding of how the systems operate and how potential safety or environmental concerns would be addressed.
Board members raised questions about sites near rivers or other sensitive areas. Smith said he plans to reach out to state officials and others with expertise on battery storage to inform the board’s next steps.
The Planning Board voted to table further work on the Battery Energy Storage Systems Bylaw until March, with additional information expected to be discussed at its February meeting, which will be held via Zoom.