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What you should know:

·  Nearly all other towns require the ADU or original home be owner-occupied to prevent investment speculation

·  Some bylaws protect abutters; Barnstable directs to ZBA hearing with fees and other expenses

"Accessory Dwelling Units" or ADUs are having their moment around the country and here on the Cape. Local bylaws now allow ADUs to be built in backyards in Brewster, Chatham, Eastham, Falmouth, Harwich, Mashpee, Truro, and Orleans. 

The Cape Cod & Islands Association of Realtors and other groups, under the coalition name "Smarter Housing," presented a model bylaw to the Barnstable's ad hoc Zoning & Regulatory subcommittee on <date>. The proposal departed from the state of Massachusetts ADU definition: "a self-contained apartment in an owner occupied single-family home/ lot that is either attached to the principal dwelling or in a separate structure on the same property." 

The proposed bylaw also allowed monthly rentals, adding one day to the state's definition of a short-term rental. At its November 17 meeting, the subcommittee changed the lease requirement to a traditional, 12-month rental, bringing Barnstable in line with most other Cape Cod towns.

The ad hoc Zoning & Regulatory subcommittee quickly approved the bylaw with public comment limited to just one real estate developer. It moves now to the Planning Board and the Town Council which welcome public comment. 

How does Barnstable compare across the Cape?

Owner-occupation: All but one town, Truro, require either the ADU or original home be owner-occupied to prevent investment speculation. According to the American Planning Association, owner occupation of the property is a common provision in ADU laws nationwide. Barnstable's proposal currently allows both homes on an ADU lot to be rented. Zoning & Regulatory subcommittee chair Paula Schnepp (Marstons Mills) supports investor-owned properties. "Investors and developers have gotten a bad rap," she said.

Lease length: Harwich and Falmouth expect at least six-month ADU leases. Mashpee is an outlier with 31-day minimums. All other towns, including Barnstable, require ADUs to legitimately expand housing with standard 12-month rentals.

ADO size limits: Barnstable's proposal appears to be in the mainstream. Some towns work with number of bedrooms (Barnstable would allow two max), some use square footage limits, 

Site and sewage plans: Barnstable is again in the mainstream, requiring documented Board of Health approval. 

Parking: ADU parking in town must be off-street. Brewster and Truro require the owner to provide two on-site parking spots, one per bedroom.

Inspections: Barnstable is currently silent on inspections. It's mainstream to require registration with the Board of Health, a Certificate of Occupancy, and a Rental Permit.

Number of ADU permits: There's an annual limit of 20 ADU permits allowed in Brewster and Chatham. In Barnstable and other Cape towns, homeowners can build ADUs "as a matter of right," a legal term of art. Everyone in Barnstable would be entitled to build a second home for rental on every lot, in every single-family neighborhood.

Abutter rights: Mashpee requires special landscaping to protect neighbor privacy and engages the Building Inspector to determine if an ADU negatively impacts an abutter's property. Brewster's bylaw protects abutter privacy. In Truro, the Planning Board must hold noticed public meetings about all ADU intentions, with notice sent to abutters, and neighbors across the street. Barnstable policy doesn't address abutter protections, directing "aggrieved parties" to the Zoning Board of Appeals (ZBA). If ADU neighbors want a ZBA hearing they must pay filing fees, and a portion of the public notice ad that runs in the Barnstable Patriot. Residents who appear before a ZBA hearing often hire an attorney that works in zoning law to accompany them.

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Change is coming. In 2021-2022, expect Town Hall to invite citizens in to the process. The strategic plan states that "the professional credibility of the Town's government should be well-regarded by its residents and stakeholders The Town's citizenry should be active, involved, and feel heard; Town decisions should be made with community buy-in." 

This is, objectively, a change. Many town Civic Associations were heard on the impending short-term rental regulations, but the ad hoc Zoning & Regulatory subcommittee failed to take any objections or suggestions, which were fairly uniform among the associations, into account in the final drafts. For example, residents overwhelmingly asked that real estate investors converting homes to de facto hotels be treated differently than traditional owner-occupied rentals. 

The ad hoc Zoning & Regulatorysubcommittee has also voted to approve a second town-wide zoning change, allowing  everyone the right to build a second home for rental on every lot, in every single-family neighborhood. There has been no public education or engagement.

Key excerpts of the plan which takes effect in January are below. Find the entire plan here: https://tobweb.town.barnstable.ma.us/BoardsCommittees/TownCouncil/Town_Council/Town-Council-Strategic-Plan-.pdf?tm=12/17/2020%2010:40:36%20AM 

The Zoning & Regulatory subcommittee has had five meetings on Accessory Dwelling Units (ADUs). The first was a "model bylaw" presentation by a group comprised of the Realtors’ Association lobby, the Chamber of Commerce, the Homebuilders Association, and others. The next three meetings were held without public agendas or minutes posted on its website. And tonight, the subcommittee voted to approve the bylaw.

Barnstable has demonstrated its ability to communicate and seek engagement, but zoning issues have been an exception. Below is a citizen request for citizen engagement on residential zoning changes. Stay tuned.

What you should know:

• Proposal allows everyone to build a second home on every lot in every neighborhood 

In June, the Town Council's ad hoc Zoning & Regulatory Subcommittee, chaired by Councilor Paula Schnepp (Marstons Mills), voted to approve the first big zoning change: a short-term rental law. It was then sent to the Planning Board and, following that, the full Council. 

The ad hoc Zoning Subcommittee proposal does not distinguish between local residents who rent their own homes and absentee real estate investors or vacation management companies who buy homes here to use as lodging businesses. It changes residential zoning throughout all Barnstable villages to allow all homes to be used as pay-per-night de fact hotels, a trend enabled by platforms like Airbnb and Vrbo. The subcommittee also approved stays as short as one night.

The Cape Cod & Islands Association of Realtors adopted a policy supporting this zoning approach in July 2019. Many village Civic Associations oppose it. 

Thus far, the full Town Council approved some amendments, including a cap of 1,500 on the number of homes that can be used as short-term rentals. At the November 5, 2020 Town Council meeting, Councilor Paul Neary proposed an amendment that pertained to investor-owned rentals. Town Attorney Karen Nober called for a break in the public meeting to have private consultation with some Councilors. When the public meeting resumed, Neary withdrew his amendment and Schnepp then withdrew the entire proposal. There was no explanation.

The measure is widely expected to return for a vote after Council leadership elections in December. 

A second residential zoning change has been in the works for months 

Since moving short-term rental zoning to the Town Council, the ad hoc Zoning & Regulatory Subcommittee had four meetings --  July 21, September 10, October 8, and November 12. The July 21 meeting was about an Open Meeting Law complaint filed by a citizen with the Massachusetts Attorney General. The other three meetings were about changing zoning to allow “accessory dwelling units” (ADUs).

ADUs are considered one way to alleviate housing pressures.

At the June 2020 Zoning Subcommittee meeting, an advocacy organization called Smarter Cape Partnership presented a “model bylaw” for ADUs.  The organization is comprised of  the Cape Cod & Islands Association of Realtors, the Chamber of Commerce, the Home Builders and Remodelers Association of Cape Cod, and others.

Their model bylaw would allow everyone the right to build a second home for rental income on every lot, in every single-family neighborhood. Both the main house and the ADU could be rented for 31 days at a time, one day less than the state definition of a short-term rental. ADUs could be occupied by two adults and unlimited people under age 18, as long as Title V is respected. Abutters would not receive notice. 

Realtors in communities that allow ADUs use them as a selling point says developer and general contractor Eli Spevak. founder of Orange Splot, Portland OR. He told Realtor Magazine “it’s a sales point. It’s a bragging point. If the agent knows the rules, she can say, ‘That can make a little dwelling unit. it's an ADU-ready property.'"

Only two people appeared for public comment at these three meetings, including a real estate developer who recently registered twelve short-term rentals in Barnstable. 

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What you should know:

• Nearly all other towns require either the ADU or original home be owner-occupied to prevent investment speculation

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