At a public hearing on Jan. 6, residents will provide input on two options for how the town should implement a new state law that allows the construction of smaller, independent secondary homes, known as accessory dwelling units, on properties in single-family zoning districts.

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.

The Planning Board has drafted two proposed articles for the special Town Meeting to address how the town would implement the zoning changes mandated by the Affordable Homes Act.

The first proposal calls for a moratorium on the law which goes into effect Feb. 2. If passed, the moratorium would prevent the permitting and building of accessory dwelling units in Wareham until January 13, 2026. The delay would allow time for the state to finish drafting final regulations and guidelines for municipalities and give Wareham officials a chance to study the potential effects of allowing construction of small secondary residences on single family properties.

The second proposal would have the town “jump in with both feet” according to Ken Buckland Director of Planning and Community Development and details the regulations Wareham would impose as part of implementing the zoning law change.

The second proposal stipulates that only one accessory dwelling unit will be allowed per property. Importantly, it also explains that both the main house and the secondary unit may be rented, but for properties with accessory dwelling units, rentals must be for at least six months, and short-term or summer rentals are prohibited.

According to the proposed article, the secondary residence’s size cannot exceed 50% of the main house’s floor area or 900 square feet, whichever is smaller. If the property is less than 20,000 square feet, the total number of bedrooms on the lot, including both the main house and the smaller unit, cannot exceed four.

Additionally, each secondary residence must have its own off-street parking space, except if the property is within half a mile of a commuter rail or bus station. The smaller unit must have a separate entrance and share utilities with the main house.

The proposed article also includes rules for converting existing bedrooms into secondary residences and requirements for safe exits from both the main house and the smaller unit.

Wareham town officials have recently voiced concerns that the statewide zoning changes could have an adverse impact by providing developers an opportunity to abuse the accessory dwelling unit provision of the law.

The concern is that developers could purchase single family homes, construct accessory dwelling units on the property and rent both homes on a short term basis.

Town Administrator Derek Sullivan said he was worried that if they occurred, these development practices would drive up the cost of living in Wareham.

The second proposal seeks to address those concerns by restricting the rental period for both the primary residence and accessory dwelling unit.

The public hearing will be held at 6 p.m. on Jan. 6.