2024-12-09 Special Town Meeting Minutes


SPECIAL TOWN MEETING MINUTES
December 9th, 2024

The Special Town Meeting was called to order at 7:04 p.m. by Moderator James McRae, having met the quorum requirement of 35 registered voters. The following action was taken by the 53 voters present:

ARTICLE 1: VOTED unanimously to appropriate $70,000 of free cash to reduce the FY25 property tax levy.

ARTICLE 2: VOTED to appropriate $170,000 of free cash for Solar PV on new fire station.

ARTICLE 3: VOTED unanimously to appropriate certified free cash in the amount of $120,000 to the Highway Machinery Fund.

ARTICLE 4: VOTED to approve amending the zoning bylaws on accessory dwelling units, (ADU) by adopting the attached amendment.

Attachment

Proposed zoning ADU by-law changes, Fall 2024

Explanation

The 2024 Affordable Housing Act was passed by the Massachusetts legislature and signed into law by Governor Healey in August of 2024. It includes changes in the treatment of Accessory Dwelling Units (ADUs), several of which contradict our current Zoning By-laws. We need to change the by-laws to stay in compliance with state law.

We propose the following changes, all required by state law:

  • Reorganizing the ADU-related sections in the by-laws
  • ADUs are allowed by right instead of by Special Permit
  • The maximum size of an ADU is 900 sq ft, up from our existing 800 sq ft
  • Owner-occupancy of one of the two units is no longer required

In addition, we propose:

  • Short-term rentals (such as Airbnb and Vrbo) are allowed in either the main house or the ADU, but not both. This is to discourage investors from buying houses, building ADUs, and renting both units on Airbnb, thus taking housing off the market
  • Reorganizing the ADU-related sections in the by-laws

Changes are denoted with strikethroughs for old language to be removed, and bold italics for new additions to the by-law language.

SECTION TWO C (USES ALLOWED BY SPECIAL PERMIT)

C.8. The conversion of a single-family dwelling into two dwelling units or the conversion of a portion of a single-family dwelling into an Accessory Dwelling Unit (ADU) or the addition of an ADU in a new or existing accessory structure. “Accessory Dwelling Unit” is defined in Section Eleven.

C.9. The use of any lot for two dwelling units in the same principal structure, except for two-family dwelling units in the Conservation District, which shall conform to the applicable Minimum Requirements of Section Six, D.

Renumber TWO.C.10 through TWO.C.20 and any affected references

SECTION FOUR (LOTS AND BUILDINGS)

B.2. Lots allowed by-right Special Permit to be used for two dwelling units (ADUs) must meet standard frontage and acreage requirements as described in Sections 4(B)(1) and 4(C)(1).

B.3. The conversion of a Single Family Dwelling on a pre-existing non-conforming lot built prior to May 22, 2006, into two dwelling units shall not require any additional acreage is permitted provided the footprint of the building remains the same.

Insert new FOUR.G (includes text from DEFINITIONS)

G. A single Accessory Dwelling Unit (ADU) is allowed by-right on any conforming lot (see Section Four B.2 and B.3). “Accessory Dwelling Unit” is defined in Section Eleven.
The size of the ADU shall not exceed 800 900 square feet. The owner of the property shall occupy the principal dwelling unit or the Accessory Dwelling Unit. Use of both the main dwelling unit and the ADU for simultaneous short-term rentals is prohibited. Adequate off-street parking shall be provided.

SECTION 11 DEFINITIONS (move regulations to section FOUR.G)

ACCESSORY DWELLING UNIT (ADU): An additional dwelling unit in an existing dwelling. An accessory dwelling unit may also be located in a new or existing structure accessory to a dwelling, such as a garage, guest house or barn. The size of the ADU shall not exceed 800 square feet. The owner of the property shall occupy the principal dwelling unit or the accessory dwelling unit. Adequate off-street parking shall be provided.

ARTICLE 5: VOTED unanimously to appropriate $7000 from Free Cash and place it under the control of the Selectboard to fund the after school and summer activities for Warwick children

ARTICLE 6: VOTED unanimously to authorize payment of the following prior year bill from respective current year accounts as identified below:

Fountain GroundsLimoges$173.48plantings
Town HallHamshaw$63.53hardware
HighwayIndustrial Labs$639.28cleaning

ARTICLE 7: VOTED unanimously to rescind its Annual Town Meeting vote of May 1, 2023, in Article 31 establishing the special purpose Opioid Stabilization Fund and instead establish a Fund 22 Special Revenue Account so these funds may be spent on drug prevention without further appropriation.

The meeting was dissolved at 7:17 p.m.

A true record of the meeting. Attest:

John Paganetti
Town Clerk