Wellesley shouldn’t sleep on state’s major mid-summer zoning changes

Significant state housing reforms were tucked into the Massachusetts fiscal year 2027 budget bill that passed into law on July 9. While many in Wellesley might not become aware of these zoning changes that went into effect in July until they notice a neighbor’s new project, land use law firms were all over it, posting online about what the changes might mean for communities, developers, and individuals (see one example of many of these posts).

Brief references were made of the state changes during the July 16 Zoning Board of Appeals meeting (see Wellesley Media recording), and we’ve reached out to the ZBA chair for further thoughts on the issue. More thorough discussion took place during the July 27 Planning Board meeting, particularly starting with Director Rob Watchilla’s report about 44 minutes in (see Wellesley Media recording). The topic was also expected to be discussed at the Aug. 6 Planning Board retreat (retreats are not recorded).

(In Natick, the new state zoning reforms resulted in big changes at the latest ZBA meeting, with several cases no longer needing to be heard.)

From the July 27 Planning Board discussion on state zoning changes, it was clear that some board members were still coming up to speed on the rules, some of which were described as being intentionally vague. Town counsel has shared with boards its interpretations of the new state zoning rules, according to Watchilla, who noted that the new and recent reforms from the state are designed to boost housing production.

Key changes to sections 6 and 10 of the state’s zoning act (Chapter 40A) are now in effect. Respectively, they allow for the extension or alteration of pre-existing nonconforming structures and uses and make it easier to get use variances for residential properties. Sections 5 and 11 have also been updated related to the allowance of electronic notices to abutters regarding nearby project proposals.

Watchilla during his report to the board emphasized that state zoning reforms now allow buildings to be altered or extended (and perhaps reconstructed) by right on nonconforming lots as long as they meet setback, height, and stories rules. Property owners  “are allowed to essentially violate the lot area, frontage, (floor area ration) as well as lot coverage requirements… I’m curious to see what case law arises from this over the next several months…,” Watchilla said.

The director also addressed “aggressive changes” in the area of zoning variances. The standard review for variance approval used to feature a four-pronged test starting with proving a hardship relating to the lot shape, size, topography, etc., as well as financial impact, whereas now the four-pronged test is optional and “a variance shall be granted upon a finding that a strict enforcement of the bylaw would result in a practical difficulty” for the applicant. How the ‘practical difficulty” standard will be applied remains to be seen, Watchilla said.

There’s also a provision that use variances can be granted for residential development in any zoning district, giving zoning boards broad power to allow use variances if housing is involved. Questions remain as to how exactly this will apply, with Watchilla noting that existing density rules would still be in effect (this was among the topics he was interested in getting town counsel input on).

Board member Jim Roberti pondered about the potential for people to get creative in requesting multiple variances.

Board Chair Marc Charney said that with Wellesley being such a desirable place to live, he expects people to start testing out these new rules. “Get ready,” he said.

Watchilla then moved on to proposed changes that had not been signed into law as of the July 27 meeting.

Among these are economic development-focused bills making their way through the state senate and house is inclusion of a standard site plan review regulation that would apply across the state. “The state is really trying to tackle how site plan review is a creature of home rule and how case law has shaped it over time,” Watchilla said, adding that the regulation would include objective performance standards on items such as parking, lighting, and stormwater management. The proposed changes could lead to a streamlined and tiered site plan review process, with some site plans being handled administratively rather than being subject to public hearings, for example. The town might consider expanding its current site plan review bylaw, which is relatively brief, if the state changes become law, Watchilla said. Questions arose about how such changes could affect everything from the Design Review Board’s existence to the Project of Significant Impact and Large House Review processes.

Another possible change in the works is a streamlined permitting process, via the ZBA, for converting commercial buildings into residential or mixed-use (residential and retail) developments. This could be interesting in Wellesley in light of the change in ownership of so many commercial properties, including those owned or previously owned by Haynes Management.

Also, in a version of a senate bill, there’s a provision to build duplexes by right in all residential zoning districts. On top of a duplex, a property owner could add an accessory dwelling unit as well, Watchilla said. “This one’s going to rattle a lot of cages” if it goes through, he said, adding that its passage is no done deal.

There were suggestions during the July 27 meeting that some of the changes that will result from the new laws and that could result from potential new laws would be fodder for discussion during the Planning Board’s Aug. 6 retreat (a working meeting of which a recording is not published but for which minutes will be posted).

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