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The following was prepared by the Winchester Planning Board:
Massachusetts voters will face an unusually high number of ballot questions when they go to the polls on Nov. 3.
Question 7 caught the interest of the Winchester Planning Board because of its potential impact on housing and residential zoning here. The board took a closer look at the question and its possible implications to a town like Winchester.
In fact, if passed, the law would have its greatest impact on the many suburban cities and towns that surround the Boston metro area, including Winchester and its neighbors.
If passed, this new law would allow single-family homes to be built in a residentially zoned area so long as the land on which it is to be constructed is at least 5,000 square feet, has at least 50 feet of land bordering the street, road, or public way that it faces, and has access to public sewer and water services.
Bottom line: over time, some of Winchester’s residential areas would become far denser than they are now. For instance, much of area west of Cambridge Street is in the RDA-20 zone, which requires 20,000-square-foot lots. Theoretically, many of those currently single-family home lots could see additional houses. On the other hand, other neighborhoods are more densely settled and already closer to that 5,000-square-foot size. They likely would be largely unaffected.
The Planning Board felt it would be helpful to provide Winchester voters a quick overview of Question 7 in the following “Frequently Asked Questions” format.
Q. Does this mean that homeowners can subdivide their land by right?
Question 7 does not address subdivision, which often refers to the creation of a new parcel of land, requiring construction of a road as a means of accessing a new parcel. It stipulates only that “no zoning ordinance or bylaw shall prohibit, unreasonably restrict or require a special permit or other discretionary zoning approval” for single-family houses that meet the three criteria (square footage, frontage, and public sewer/ water services).”
It would most likely mean that the new lot could be created through an ANR (Approval Not Required). This is a way to create a new buildable lot that conforms to all zoning requirements administratively, without going through review by the Zoning Board of Appeals.
Q. Does this mean that four houses could be built on a lot that measures 20,000 square feet?
Theoretically it might, provided that each 5,000-square-foot lot would have its own 50 feet of land bordering the street, road or public way, with access to public sewer and water services.
Q. Could the new single family home also then build an auxiliary dwelling unit (ADU)?
Question 7 does not address ADUs. All single-family homes in Winchester are eligible to build an ADU. So, if the requirements for an ADU could be met on the new 5,000-square-foot lot, it should be allowable.
Q. How can Winchester regulate development if Question 7 passes?
Question 7 states that houses built under the proposed law would be “subject to reasonable regulations, including, but not limited to, regulations concerning dimensional setbacks and the bulk and height of structures, and may be subject to restrictions and prohibitions on short-term rental.”
Winchester would still be able to regulate how close to the edges of the property homes could be built (i.e., setbacks) and how tall they could be. There is currently no regulation on short-term rentals in Winchester, except that ADUs are prohibited from this use.
Winchester’s local regulations would need to comply with State regulations. These may be defined further after the measure passes. Question 7 states: “The Executive Office of Housing and Livable Communities may issue guidelines or promulgate regulations to administer this paragraph.” Whether EOHLC will issue guidelines or promulgations remains to be seen.
Q. What happens if a development under Question 7 is proposed before a town is able to write zoning to regulate development?
The likelihood of a development under Question 7 being filed before a Planning Board can issue new regulations seems low. The Tufts Tisch Center for State Policy Analysis (the Tisch Center) looked at homeowners whose properties can already be subdivided and found that fewer than one in 1,000 add a new home over the course of a decade. (Source.)
If Question 7 passes, the law becomes effective one month after passage. Towns could use their existing zoning to create regulations for 5,000-square-foot parcels. For example, in Winchester, our RG zone requires a lot area of 6,500 square feet with 65 feet of frontage. The Planning Board could use the RG zone dimensions to create rules for a 5,000-square-foot lot. Additionally, Belmont has a 5,000-square-foot zone that Winchester could use as a model.
Q. Why is Question 7 known as the “Starter Home” initiative when a 5,000-square-foot lot can support a 3,500+ square foot house depending on typical setbacks and height regulations?
Question 7 does not use the term “starter home.” The term “starter home” has been used by proponents to signal their hope that Question 7 would lower the cost of buying a new home. The Legalize Starter Homes group, a leading proponent for Question 7, has said: “Given the high cost of property across the Commonwealth, permitting construction on smaller parcels lowers the overall price point for buyers. This approach eliminates the necessity for builders to erect expansive structures simply to offset acquisition expenses. Consequently, establishing provisions for smaller residences fosters the development of more modest, cost-effective housing options statewide.”
Jack LeMenager, Chair
Amy Beliveau, Clerk
John Cortizas
Keri Layton
Brian Vernaglia
The Planning Board wishes to thank Maura Sullivan for her help in providing background information used in this FAQ.
