MARION — The Marion Planning Board is getting ready to propose its version of the accessory dwelling unit bylaw, but is looking for ways to simultaneously protect existing rentals.

In August 2024, Massachusetts passed the Affordable Homes Act and amended zoning laws state wide to address housing affordability and availability by allowing properties zoned single family to have a second independent living space. These residences can be attached to the property, such as attics and garages, or detached like small outbuildings and must be no larger than 900 square feet.

Though the state law will go into effect in February, municipalities have the ability to add in their own restrictions, which will then be voted on at Town Meeting. Due to the need for more housing in the state, some municipalities have looked to restrict short-term rentals, meaning any accessory dwelling unit would need to be rented for 30-days or longer at a time. 

Residents in attendance were worried what this would mean for them, especially given the existing accessory apartment bylaw. The residents pointed out that it's unclear what can be done with the accessory apartment, which is restricted to family members such as in-laws, once the individuals staying there have died. 

Therefore, the board would like to consider a rental bylaw that would clarify these questions and “grandfather in” existing rental units. 

Additionally, Planning Board Chair Andrew Daniel suggested combining the existing accessory apartment bylaw with the new accessory unit bylaw to allow units to be up to 1,200 square feet. However, other members feel they should be kept separate if the state law changes again and because it may be easier to pass at Town Meeting. 

Much still remains up in the air for Marion’s accessory dwelling units. At the board’s next meeting, they will discuss the specifics for a potential rental bylaw and the following meeting will include public hearings for both proposed bylaws.