ASHFIELD — The new law giving property owners the by-right ability to construct accessory dwelling units (ADUs) on residential properties that already have a principal dwelling has prompted town officials across the state to review their own bylaws and consider how the change might impact their towns.

Ashfield is no exception. The Planning Board and Zoning Board of Appeals came together this week to begin discussing what they need to do before the provisions of the Affordable Homes Act take effect on Feb. 2, with only minor bylaw changes anticipated.

“A lot of towns are trying to figure out what this means to them and what they need to change,” said Planning Board Chair Rick Chandler. “When we put this in front of town counsel and had her look at our existing bylaw, she actually said, ‘You might not need to make any big changes.’”

Ashfield’s zoning bylaws already allow by-right construction of ADUs, as long as the structure is attached to the main dwelling. The purpose of Ashfield’s bylaw was to allow homeowners to be able to create separate living spaces for elderly relatives or grown children who were living with them on the same property.

Per the advice of town counsel, Chandler said the revisions may be as simple as removing language that implies the main and accessory dwellings must be attached.

Despite the potentially easy solution, discussions continued, with board members raising concerns about the law’s impacts on already non-conforming lots and potential strains on town resources, should the population of people living in ADUs increase.

The two boards also considered whether a more specific bylaw would be beneficial, and if the town should outline that ADUs cannot be used for short-term rentals, do not have to be owner-occupied, and still need to meet all other building codes and health regulations regarding setbacks, septic systems, et cetera.

They also discussed instituting a site plan review requirement for ADUs. While the state law dictates that constructing an additional dwelling is a by-right use, towns may still require property owners to present site plans to their local boards. Property owners would not need to have their plans approved by the boards, but it would allow for discussion and a chance for community members to voice any concerns and for the boards to mediate.

A site plan review would allow Ashfield officials to offer recommendations on ADU projects in an advisory, rather than regulatory, manner.

“It is more advisory rather than restrictive,” said Mollie Babize, chair of the Zoning Board of Appeals.

The Ashfield boards plan to wait and see what other towns decide to do regarding the Affordable Homes Act provisions and how the state responds before formalizing any bylaw changes in town. Any proposed bylaw amendments would need to be approved at Annual Town Meeting in the spring, as it is too late to hold the public hearings necessary for changes to be included on the agenda for the December Special Town Meeting.

Town Administrator Paul McLatchy III noted that state law, trumping local law, will allow homeowners to start building by-right ADUs.

“This is happening Feb. 2 whether the town has a bylaw or not,” McLatchy said.

Reach Madison Schofield at 413-930-4579 or mschofield@recorder.com.