Dalton Planning Board Works to Update ADU Bylaw

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Planning Board agreed to amend its Accessory Dwelling Unit bylaw one step at a time. 
 
During a meeting last month, the board decided to focus on updating the bylaw to comply with state law before presenting the idea of including mobile/movable tiny houses. 
 
This decision was made because many aspects need to be considered when addressing tiny mobile houses, and it could potentially be a more controversial item for voters. 
 
Board members said separating the ADU bylaw from the mobile/movable tiny house regulation would prevent confusion because it would allow each issue to be addressed clearly and distinctly.
 
Amending the town's ADU bylaw to comply with the state is unlikely to be controversial to town voters. However, updating the bylaw to include moveable tiny homes is a "bigger leap," board Vice Chair Zack R. McCain III said. 
 
"That's just the nature of the town. So, we need to keep them separate," McCain said. 
 
"First, do a public hearing on this bylaw, and do not let this mobile/movable tiny house bylaw get confused with the regular ADU bylaw."
 
During a town meeting in May 2022, town voters approved an ADU bylaw that had been in process since October 2020. 
 
The bylaw allows detached ADUs by special permit, and ADUs within an existing structure would not require a special permit. 
 
Since the vote, however, the state has updated its law to allow AUDs without local zoning approval if they meet specific requirements. This state law would not go into effect until February 2025. This means the board must now update its bylaw to align with the state. 
 
What was not considered before being approved is the implications ADUs have on water and sewer rates and taxation. More information here
 
The town does not currently have any ADUs built yet, but one has recently been permitted. The tax collector does not have any rates for this type of housing. 
 
These need to be considered during the process of updating the town’s ADU to meet state law. 
 
Once town voters approve the ADU bylaw to bring it in compliance with state law, the board will enter into the next phase of amending the bylaw to include moveable/tiny homes and present it to voters. 
 
To amend the ADU bylaw to include moveable/tiny homes, the board will need to define what constitutes a "movable/mobile tiny home" versus an ADU or other residential structure.
 
This includes determining if movable tiny homes should be treated the same as RVs or manufactured homes. 
 
The board will need to decide on appropriate zoning districts to allow movable tiny homes by considering lot size, setback, and other dimensional requirements.
 
They also have to ensure that the bylaw properly dictates how to connect to water, sewer, and electrical utilities and address concerns about freeze protection for pipes and other weather-related issues. 
 
The board emphasized that they will need to ensure that movable tiny homes comply with relevant building, fire, and safety codes and establish a permitting process for placing and connecting them.
 
They will also need to determine what inspections are required, including building, plumbing, and electrical inspections.
 
ADU subcommittee member Amy Turnbull emphasized that the ANSI National Accreditation Board and the National Fire Protection Association has codes for moveable tiny homes the town can follow. 
 
Another resource for the board to consider to help with the process is NOAH RDI Home Inspection and Certification, which has detailed building standards for tiny home. 
 
A common misconception that raises concerns amongst residents is the idea that movable tiny homes are conventional travel trailers or motorhomes; they are not, Tiny Home Industry Association President Dan Fitzpatrick said in February. 
 
"A movable tiny home is not that movable. A tiny home is built to resemble a typical cottage or bungalow," he said. 
 
More information on movable tiny homes here

Tags: ADU,   tiny homes,   

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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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