Delicate Balance Required in Easing Zoning Restrictions: Ground Mounted Solar and Multifamily Housing (Updated)

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The Westwood Planning Board discussed possible revisions to the town’s current zoning restrictions in its meeting on July 20, 2021.  Removing obstacles to residential ground and roof mounted solar projects was one. The second was easing restrictions on multi-family housing to comply with the state’s new Housing Choice Law, enacted in January this year.

Delicate Balance - Maintaining Community Aesthetics While Encouraging Solar Installations

Town Planner Abigail McCabe reported that applications for ground mounted solar installations in Westwood’s residential neighborhoods are not being approved by Westwood’s Zoning Division. Ms. McCabe described a recent application for a solar installation on Grove Street which received the objection that it would impede a scenic view and an easement. Other unsuccessful cases also involved aesthetic concerns in residential neighborhoods, she said. She noted that currently there is no specific criteria for what the Zoning Division considers in rejecting such applications.

Said Planning Board Member Ellen Rollings, “If we’re seeing denial after denial after denial for these special permits, then it’s imperative that we do something. They shouldn’t all be denied. That’s not right. It means we need to take a look at our bylaw. We also need to make sure we’re in line with the state level law which I’m not sure that we are right now. There’s right-to-solar laws that prohibit denying solar based on certain things.”

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Ms. McCabe presented highlights from a proposed zoning amendment that she had drafted as a starting point for the Planning Board’s discussion.

 The draft amendment would place the Planning Board, and not the Zoning Board, in the seat of the authority to review these solar applications. It would clarify that, in accordance with state law, aesthetics is not a reason to deny a proposed solar installation or building project. Rather, a decision to reject a proposed solar project should only be due to public health, safety and welfare of abutters in the neighborhood, she stated.

Town Counsel Pat Ahearn quoted the applicable state law which reads, “. . . . No zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety, or welfare.”

Planning Board Vice Chair David Atkins expressed his support of “making the bylaws more encouraging for individuals who want to do solar." He stated that the current requirement, that accessory structures (such as garages and sheds) need a special permit for roof-top solar installations, should be done away with.

More questions than answers arose in this working session. Mr. Atkins asked if a revised bylaw should distinguish small scale from large scale solar, and whether different sized projects would trigger different types of review. 

Similarly, Planning Board Secretary Kathleen Wynne noted the possibility of residential solar installations being installed for “business,” suggesting that residential applicants might seek to build a larger solar installation than they personally need, creating an energy surplus to sell back to the grid.

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“When does a garden become a farm?” asked Mr. Atkins.

“When you grow more than you eat?” suggested Planning Board Chair Christopher Pfaff.

Mr. Pfaff expressed the dilemma that the board faces in dealing with conflicting perspectives. “I understand the need to allow people to put this in. But I think it’s almost irresponsible of us to just ignore the neighbors’ sentiments. . . I do think we need to hash this out and we have roughly 5 to 6 months to come up with something [before a public hearing in January] that we think collectively will work for our town. . . . Whose rights supersede who?. . . We’re a Planning Board of all of our residents, not just those who promote solar,” he said.

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On how to proceed, Mr. Pfaff seemed to prefer using a working group, which he said would allow for free-flowing discussion that is not tied to an agenda. On the other hand, Ms. Rollings, Mr. Atkins and Ms. Wynne stated their preference for public hearings and partnering with Westwood Environmental Action Committee to facilitate those hearings.

On whether the Planning Board or the Zoning Board is the proper entity to hear issues regarding solar installations, Planning Board members agreed that Planning Board was the proper authority to hear these issues. As a result, a proposal to change the reviewing authority for building and installing solar systems in Westwood from the Zoning Division to the Planning Board is likely to make an appearance at next year’s Town Meeting.

Additionally, the Planning Board will be looking into what other towns have done to comply with the state’s solar law.

Easing Zoning Restrictions on Multi-Family Homes

Following the passage of the  Housing Choice Law in January of this year, Westwood, like many other "MBTA communities" in the Commonwealth, is now required to have a zoning ordinance or by-law that that provides for at least 1 district of multi-family housing that is permitted “as of right.” This means that in this district, multi-family housing development can proceed without discretionary zoning approval. 

The multi-family housing district must contain a gross density of at least 15 housing units per acre and must be located within 0.5 miles from a commuter rail station, subway station, ferry termination or bus station. The multi-family housing must have no age restrictions and must be suitable for families with children. Communities that fail to comply with the state law will forfeit eligibility for state funds.

Additionally, the Housing Choice Law makes it easier for towns to adopt zoning to allow multi-family housing and accessory dwelling units by only requiring a majority vote on these issues, instead of a two-thirds vote.

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Almost the entirety of the Planning Board’s discussion on this issue centered around possible locations for multi-family as of right housing, including the half mile radius zone around Islington Station or University Station. A question arose regarding whether a "bus stop" could fall under the definition of a "bus station." If so, possible locations for multi-family housing within 0.5 miles of a bus stop, could open up along Washington Street. The Planning Board did not reach any definitive answer.

Ms. Rollings offered that creating a new district may be better than incorporating new multi-family housing into an existing district, stating, “This is a single family town for the most part. That’s why a lot of people choose to move here,” she said.

She suggested incorporating multi-family as of right housing into a new district that also includes starter homes. She went on to describe the hope that the affordable housing mandate would be implemented in a way that the existing community would feel excited about and embrace. Ms. Rollings hopes for a solution that meets not only the letter, but also embraces the spirit, of the law.

In stating this, Ms. Rollings was referring to the state’s goal of creating equitable housing for people who have historically been segregated. As described by Ms. McCabe, since the 1940s and 1950s, suburbs have been zoned for single family homes on large lots.  This type of housing has been unaffordable to some segments of the population. 

Suburban zoning ordinances historically have imposed limitations to establishing business districts, limited manufacturing, and are planned in such a way that residents must have financial resources to secure a car for transportation. 

The Housing Choice Law that requires suburban towns like Westwood to allow smaller, more densely populated multi-family housing close to public transportation, and accessory dwelling units, is intended to address inadequate housing in Massachusetts while affording underserved segments of the population with access to the benefits of living in a suburb.

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Updated 07/24/2021 at 12:23 p.m. Typos in individuals' last names have been corrected.