[Massplanners] Legalizing illegal (but tax-paying) 2 and 3-family uses

[Daniel Fortier]

Couple suggestions, Dennis allows, by Special Permit additions of rental units in residential and commercial structures using Chapter 40A Section 9's affordable housing provisions. This has been used as an amnesty program as much as for creation of actual units. Section 4.9.3.4 was removed when they adopted their ADU by-law but there are still avenues to accomplish this under other sections of Section 4.9. But, below was the most used path:

4.9.3.4 Affordable Housing Apartment Accessory to Residential Use
4.9.3.4.1 An Affordable Housing Apartment may be created by converting an existing accessory
structure, or space within a Principal Residential Structure, to a dwelling unit. The
following additional standards and conditions shall govern special permits issued under
this subsection:
4.9.3.4.2 An Affordable Housing Apartment accessory to an existing residential use may only be
created on lots on which there already exists a Principal Residential Structure, and may
only be created within such Principal Residential Structure, or within an existing
accessory structure, as that term is defined under Section 5 of the Zoning By-law. The
accessory structure in which an Affordable Housing Apartment is proposed must have
been in existence for at least five years prior to the filing of the special permit
application.
4.9.3.4.3 An Affordable Housing Apartment accessory to a residential use shall not be allowed
on lots of less than 20,000 sf.
4.9.3.4.4 Affordable Housing Apartments accessory to residential uses shall be considered an
“accessory use” to the principal use on the lot and shall be restricted so that Affordable
Housing Apartments are never divided by ownership from the principal structure. A
structure proposed to include an Affordable Housing Apartment may be expanded by
the granting of a Special Permit which is based upon a finding by the Planning Board
that the conditions present on the site are adequate to support the proposed use, protect
the surrounding neighborhood and meet the intended goals of providing affordable
housing.
4.9.3.4.5 Any lot containing an Affordable Housing Apartment shall be subject to a recorded
restriction that shall restrict the lot owner’s ability to convey interest in the
Affordable Housing Apartment except leasehold estates for the term of the
restrictions.
4.9.3.4.6 For the purposes of 4.9.3.4, one unit shall be owner occupied on a year-round basis,
except for bona fide temporary absences during which the unit is not rented.




Barnstable has an amnesty program using Chapter 40B as its process (
http://barnstable-ma.elaws.us/code/coor_pti_ch9_artii_sec9-14).

Daniel Fortier, AICP
Retired Town Planner



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________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Tom Skwierawski via MassPlanners <massplanners at masscptc.org>
Sent: Wednesday, November 13, 2024 4:06:02 PM
To: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: [Massplanners] Legalizing illegal (but tax-paying) 2 and 3-family uses


Planners,



Here in Revere, we have dozens of illegal 2 and 3-family housing units. As I’m sure is the case elsewhere, historically property owners added units onto their properties without receiving any permits, thus changing the structure’s use.  Now when our building inspectors inspect these units, many property owners are surprised—some legitimately, others I’m sure with Oscar-worthy performances--that these additional units, often built before they owned them, were never legally converted. What’s more, most if not all have been taxed according to this illegal use for decades.



In the interest of wiping the slate clean and moving forward, we want to legalize these legally-taxed-but-technically-illegal units. Do any other communities have experience doing something similar? I didn’t want to reinvent the wheel if others have good policy solutions… thanks in advance!





[cid:image001.png at 01DB35EB.B17652F0]

Tom Skwierawski

Chief, Department of Planning & Community Development (DPCD)

Email: tskwierawski at revere.org<mailto:tskwierawski at revere.org>

Phone: (781) 286-8181 x 20324




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