Accessory dwelling unit bylaw tabled at Leyden’s Annual Town Meeting

Leyden Annual Town Meeting voters on Monday opted to table an article regarding accessory dwelling units and multi-family homes following a discovery of a conflict with state law.

Leyden Annual Town Meeting voters on Monday opted to table an article regarding accessory dwelling units and multi-family homes following a discovery of a conflict with state law. STAFF PHOTO/CHRIS LARABEE

By CHRIS LARABEE

Staff Writer

Published: 06-04-2024 12:10 PM

LEYDEN — Following the last-minute discovery of a conflict with state law, voters at Monday’s Annual Town Meeting opted to table a bylaw change that would have allowed accessory dwelling units and two-family houses by right.

In the run-up to the meeting, the Planning Board discovered the proposed bylaw change conflicted with new revisions to Massachusetts General Law Chapter 40A, Section 5, which lays out how zoning ordinances can be adopted. Previously, all zoning changes needed to be passed with a two-thirds majority, but a 2023 revision, passed in response to the state’s housing crisis, allowed bylaws regarding multi-family housing or accessory dwelling units to pass with a simple majority.

While Leyden’s proposed bylaw would allow multi-family homes and accessory dwelling units by right — thus meaning it only requires a simple majority to pass — it also proposed adding several definitions and revising allowable uses, which still require a two-thirds majority. State law prohibits voting on a bylaw containing two different voting thresholds.

As Planning Board members attempted to strike numerous sections of the article on the floor of Town Meeting to allow the bylaw to only address accessory dwelling units and multi-family homes, residents motioned to table the article due to the number of changes being proposed.

“I move to pass on this article due to the confusion of the last little bit of information we got late today,” said Planning Board Chair James Brodeur.

Several voters signaled their desire for future bylaw work to make it easier to create accessory dwelling units or multi-family homes — whether it be to earn additional income or to allow for care of family members — but the flurry of amendments was too much to follow on the floor of Town Meeting.

“I love this idea, but I feel it’s about as clear as mud right now,” said resident Bob Anson. “I would love to take this up at a future time.”

The other 29 articles on the Town Meeting warrant all passed, including a $2.1 million fiscal year 2025 budget, which represents an approximate 3.99% increase over the current fiscal year.

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Voters also finished the discontinuance of a portion of Hunt Hill Road, which had been brought before them last year before it was tabled, and also designated it as a statutory private way as of Sept. 1. Alongside discontinuing the road, voters also accepted a conservation restriction of about 30 acres of land on the road.

New general curb-cut regulations were also approved, as residents voted to add a bylaw laying out the process and design requirements for any new driveways built in town.

“The goal is to ensure, with the inspection and the help of the DPW, that all new driveways are constructed in a way that eliminates hazardous driving conditions on public roads,” said Selectboard member Erica Jensen.

Other articles approved include:

■A Board of Assessors change from having elected membership to appointed membership beginning in FY26 or when current board members’ terms expire.

■Appropriating $199,080 from the Highway Capital Stabilization Account and $28,920 from free cash to buy a new highway loader.

■Appropriating $29,349 to the Building Needs Account for town building repairs.

■Allowing the town to initiate the process to aggregate electrical load for the town to negotiate the lowest electrical supply rates.

Chris Larabee can be reached at clarabee@recorder.com.