Low-cost housing messages are mixed
'In-law unit' bylaw passes in Boxford
Homeowners could convert their accessory apartments to affordable rental units under a new bylaw aimed at expanding Boxford's scarce supply of low-cost housing.
Authorized by Town Meeting May 9 by a vote of 208-64 and now awaiting approval by the attorney general, Boxford would join a small number of other Massachusetts communities targeting what are commonly known as "in-law" apartments in efforts to diversify their housing.
Traditional accessory apartments are separate units created within a home for immediate relatives. The Boxford bylaw would allow those units to be rented to nonrelatives at state-recognized affordable rates.
The action, though, was the upside in a day of mixed results for affordable housing proponents in Boxford. By a vote of 238-121, Town Meeting rejected a separate proposal that the town spend $693,000 from its Community Preservation Fund to build West Common, a project that would have provided four affordable housing units and a new baseball field on town-owned land in west Boxford.
In Boxford, where the average single-family home is valued at $675,000, just 0.7 percent of the housing stock -- or 19 units -- is affordable, well below the 10 percent figure required by the state to keep developers from bypassing local zoning rules for projects built under Chapter 40B, the affordable housing law.
The town's percentage is the lowest in the region. Among neighboring communities, West Newbury has 1.8 percent affordable housing, according to the Department of Housing and Community Development, while Topsfield is at 5.4 percent and Georgetown 13.9 percent.
Boxford Planning Board member Joe Hill said one of the obstacles to getting affordable housing developed in town is the lack of municipal water and sewer service, which makes it costly to build.
"This will allow us to start to get some affordable credits without additional construction," he said of the new bylaw, a joint proposal of the Planning Board and the town's Housing Partnership Committee, which promotes affordable housing.
Communities with state-approved plans can gain temporary relief from Chapter 40B if they produce a minimum number of affordable units each year. Hill noted the town received approval of a plan several years ago, but has not added any units since.
Under the new bylaw, anyone who holds a special permit for an accessory apartment can apply for a second special permit to make it an affordable rental unit. The rent to meet affordability standards for the Boxford area would be $889 for a one-bedroom apartment.
Hill said because the program deals with existing units, it would ensure the affordable housing "blends in with the character of the town, and does not put additional stress on infrastructure and services." He said the bylaw also provides a potential source of income for homeowners, notably those on fixed incomes, to offset their real estate taxes.
Boxford currently has about 100 permitted accessory apartments.
Hill anticipates receiving applications to convert about 10 of those to affordable units, based on his conversations with owners and the town of Barnstable's experience with a similar program.
Even with the defeat of West Common, Hill thinks adoption of the bylaw means the town made overall progress in the effort to expand affordable housing.
"The West Common is a complex issue. It's a mixed use and there's a lot of details to be sorted out. The bylaw is in some respects a lot cleaner," he said, since it does not involve any new development.
But others were less sanguine about the progress.
"Had West Common passed, we would have known that four units would be created," said Stuart Saginor, chairman of the Community Preservation Committee. By contrast, the accessory affordable apartment plan "fills a need but we don't know if people will take advantage of the program." Saginor's committee recommended funding for the West Common project, which was jointly proposed by the Housing Partnership Committee and the Recreation Committee.
Saginor said the real need in town is for "new construction of family community housing," which the bylaw change does not address.
He said the West Common vote showed "we obviously need to do a better job educating Boxford residents on the benefits of community housing."
Neil Olansky, who chairs the Housing Partnership Committee and retired as a selectman this week, said, "If enough people take advantage of [the accessory affordable apartment bylaw], it will be a major step. But the jury's still out" on how many will.
The accessory affordable bylaw, meanwhile, has not been universally embraced in town.
John P. McCormack, who was a candidate for selectman in Tuesday's town election, questioned whether the bylaw is needed, pointing to data he collected that he said point to a healthy number of rental vacancies in the state, and affordable prices.
McCormack also warned that homeowners who decide to convert to an accessory affordable apartment may not realize the regulatory and legal headaches they might encounter.
As an example, he said the program administrator -- the Housing Partnership Committee -- could require landlords to provide a written reason if they reject a prospective tenant.
McCormack also warned that a landlord seeking to withdraw from the program could be exposed to a lawsuit.
But Hill said that the town is drafting a detailed affidavit form for landowners entering the program that will clearly describe their obligations. He does not expect those seeking to withdraw will face penalties or legal sanctions, though there could be penalties for violating the program rules. 