Councillor questions state law clarity on ADUs amid confusion over regulations

The Woburn City Council meeting on May 20, 2025, focused on the complexities surrounding the owner occupancy requirements for Accessory Dwelling Units (ADUs) and the implications of state law on local regulations. Council members expressed concerns about the lack of clarity in the current legislation and its interpretation by the Executive Office of Housing and Livable Communities (EOHLC).

During the meeting, one councilor highlighted the challenges in changing the owner occupancy language, suggesting that it is unlikely to be relaxed at the state level. This sentiment was echoed by others who noted that the original intent of the law, which appears to apply specifically to single-family residences, has been altered in its interpretation by EOHLC. The councilor emphasized the need for more time to gain clarity on the law before making any decisions.

A significant point of discussion was the potential for individuals to bypass local controls when applying for permits to build ADUs. Questions were raised about whether the absence of a local ordinance would allow for greater latitude in permit approvals. The city solicitor was called upon for a legal opinion, with the understanding that underlying state law governs ADUs and that local communities can make reasonable adjustments to these laws.

The meeting also touched on the procedural aspects of how legislation is implemented, with a comparison made to a past incident involving a school nutrition bill that unintentionally led to the banning of bake sales in schools. This example was used to illustrate the importance of careful regulation and oversight in the legislative process.

As the council deliberates on these issues, the need for a clear and coherent local ordinance regarding ADUs remains a priority, with further discussions anticipated in future meetings. The council's commitment to addressing these complexities reflects their dedication to ensuring that local regulations align with state laws while serving the community's needs.