Study Finds Zoning May Violate Federal Housing Laws

BREWSTER – Last year, town officials began work on the multi-family and mixed-use residential zoning study, which set out to identify solutions that would assist with housing affordability and choice in order to meet the needs and preferences of all ages in Brewster. 

On March 12, Judi Barrett from Barrett Planning Group presented findings from a zoning bylaw analysis at the second in a series of community meetings. Her general impression was that currently, Brewster does not zone for multi-family housing, two-family homes, mixed-use development, affordable housing or senior housing. 

She said the zoning map reinforces predominantly single-family developments by making so little land available for mixed uses or large-lot development that there isn’t space to prioritize other categories of housing. 

Restrictive language in the laws creates little opportunity for these types of structures to exist in the town. For example, multi-family and attached homes require big lot sizes and ambitious setback provisions.

In some cases, the zoning bylaws restricted bedroom counts in multi-family dwellings, but had no parameters for single-family homes. 

Barrett also found an excessive use of special permits in lieu of clear review standards that can give homeowners and developers the predictability they need to build housing units. 

The biggest takeaway was a conflict with the Federal Fair Housing Act which recognizes certain groups of people as protected classes, including familial status. Barrett said there is no valid planning interest in restricting bedrooms of multi-family dwellings but not single-family homes, which violates the civil rights of families with children. 

On the topic of affordable housing, she said the town is letting Chapter 40B, the state statute that enables local zoning boards of appeals to approve housing developments under an array of flexible rules, control affordable home projects. Without zoning bylaws for affordable homes, developers are met with an arduous process of comprehensive permitting to get a project up and running.

Questions arose about finding the balance of developing land or conserving it. While the town’s comprehensive plan looks to incorporate more affordable housing, it also seeks to prioritize conservation and open space. Barrett suggested a thorough review of the zoning map with an eye for identifying critical pieces of land that could be used for other purposes was essential in striking the right balance. 

Residents were able to provide feedback on possible zoning changes. While the spectrum of support varied, most residents agreed that they didn’t want to see the character of Brewster changed. There was general agreement that changing the bylaws will prove difficult at town meeting. 

Town Planner Jon Idman agreed with the consensus that the zoning bylaws need a full overhaul, but said changes need to be done incrementally so no unintended consequences arise.

Recommendations from the study will be delivered to the town in June.