Fresh take: Officials present new version of solar, housing proposals

At the Jan. 13 Special Town Meeting voters decided two proposed zoning bylaw changes needed more study. On March 10 the Planning Board held a hearing to receive community input on new versions of the proposal.

One bylaw proposed confining all future large-scale ground mounted solar development to a solar zoning district within the existing Business Development Overlay District, an area of about 1,300 acres located north of Interstate 495.

The other proposed bylaw dealt with the implementation of accessory dwelling units, a new housing designation created by a state law last year. An accessory dwelling unit is a second, smaller residence that can be built on properties zoned single family.

The new versions of both proposals defined terms, included additional guidance from the state and generally addressed concerns raised by voters at the last Town Meeting. Both proposals will be voted on again at the April 28 Spring Town Meeting.

Changes to the language of the proposed solar zoning district bylaw were minimal. However, the new version did expand the defined purpose of the Business Development Overlay District to include solar development.

Officials primarily used the discussion related to the solar zoning district bylaw to clarify and respond to concerns raised by voters the last time they heard the proposal.

Planning Board Chair Carl Schulz explained that the bylaw does not impact small-scale solar projects, such as residential rooftop solar, solar installations over parking lots, or rooftop solar on industrial buildings. It also does not affect solar projects along powerlines or near railroad tracks.

“Those are all permitted in another section of the bylaw,” Schulz said.

Attendees of the meeting voiced general support.

“Lets save the rest of the community, as long as they don’t get into any other part of the town and destroy what makes Wareham, Wareham,” said Onset resident Matthew Buckingham.

The changes to the accessory dwelling unit bylaw focused on clarifying previously undefined terms and addressing the issue of short-term rentals.

All accessory dwelling units must have their own parking unless they are near a commuter rail or bus station.

The new version clears up what counts as a transit station. A bus station includes any official stop for Transit Authority buses. On routes where passengers can flag down a bus anywhere, the whole route is considered a bus station. A commuter rail station is any rail stop with year-round service and regular train departures, not just seasonal or event-based trips.

The new version redefines how town officials will address concerns related to the small secondary homes and short-rentals. Previously, officials have expressed fears that large developers could purchase properties, build the accessory units and rent them all as short-term rentals.

Under the new version of the bylaw, anyone renting out an accessory dwelling unit or any other property as a short-term rental must first register with the Board of Health. However, not all properties qualify. Short-term rentals are banned in homes owned by corporations, real estate investment trusts, or similar investment groups. They are allowed in properties owned by LLCs, trusts, or S corporations — but only if every owner is a real person, not a business entity. Owners will need to provide documentation to prove this when they register.

This change does mean that an individual who owns multiple properties can build accessory dwelling units on them and rent them short term, said Land Use Coordinator Josh Faherty.

During the hearing, Schulz clarified that while accessory dwelling units are “as-of-right” that does not mean they can be built without oversight. Residents will still have to follow the usual building, health and other code requirements they would usually follow for construction projects in town.

Both proposals are still in draft-form and a second public hearing will be held to discuss them on March 24. Once the Planning Board votes on them they will make their way to Town Meeting.