Whether Housing Affordability Act LD2003 enacted by the legislature this spring can live up to its name was one of several questions discussed by a half dozen citizens at last week’s preliminary public hearing on the expanded housing options required by the state. The new law allowing accessory dwelling units is meant to make affordable housing more available statewide.
While the title of the bill is “wonderful,” said Board Chair Greg Zinser, “there is no income or affordability requirement, so it could be a boon for developers.”
Other Maine communities have been forced to look at short-term rental ordinances since the law was enacted, and Zinser speculated that South Berwick may soon have to follow suit.
The law requires towns to allow accessory dwelling units on any owner-occupied parcel in any area where residential uses are permitted. Up to two accessory units can be added, either within the owner’s unit, attached to it, or detached. Other limitations come into play, such as minimum lot size and other dimensional requirements, Zinser said.
A permit application for an accessory dwelling would go directly to the code enforcement office. “It’s changed from a Planning Board review to a right,” he noted.
One resident, Betsy Ware, told the board she recognized the need for affordable housing but objected to potential changes to the rural parts of town that attracted her to the area. Using the example of her own 17-acre property, Ware said if it were to be divided into seven parcels with four units per parcel, the resulting 28 units could create excessive housing density in a rural area.
“That’s different, that’s a subdivision,” Zinser said. “A subdivision is dividing a parcel of land and requires a formal process. We are talking about ADUs, where the owner has to reside on the parcel.”
In response to Robert Levin’s complaint that “the law depletes the intent of the original zoning ordinance,” Zinser said the town has very little “wiggle room” about where accessory dwellings can be located. “It’s a farce,” Levin declared.
Two people in the audience expressed support for the broad changes in housing opportunities.
The law will provide owners more flexibility, suggested Katherine Allen. “They can add an apartment for their kids to stay in, or if the person is elderly, they are able to stay in their community.”
“This can boost my retirement income,” said Rhonda Bilodeau. “When can I get started?” She can start any time, Zinser told her.
The definition of the size of the accessory units was deferred until the next Planning Board meeting. The state law requires a minimum of 190 square feet.
