Committee discusses major rewrite of accessory dwelling unit rules; staff to draft clarified language
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Summary
Committee members debated state changes to accessory dwelling unit (ADU) law and directed staff to draft revised local language distinguishing attached and detached ADUs, with proposed maxima of 1,500 sq ft for attached and 950 sq ft for detached units for committee review.
The committee held an extended discussion on state revisions to accessory dwelling unit (ADU) rules and agreed to have staff draft a revised local ordinance that distinguishes attached and detached ADUs and sets different maximum sizes.
Jesse McArthur, town planner, walked members through the state language and its local implications, saying the state language "shall not exceed 950 square feet" for certain ADUs. Members debated whether to retain the town’s existing 1,500-square-foot maximum and how to apply a 35%-of-principal-dwelling limitation. Paul Manzioni and others raised concerns that the state definition’s wording would reclassify many garage-top units that the town previously treated as detached; one member asked whether the word "preexisting" in the state definition would prevent new construction of ADU-containing garages.
The committee converged on this set of directions to staff: draft new ordinance language that (a) separates 'attached' and 'detached' ADUs, (b) limits detached ADUs to a maximum of 950 square feet (state ceiling), and (c) preserves an attached-ADU maximum of up to 1,500 square feet unless the committee specifies otherwise. Members also asked staff to add the state language that "accessory dwelling units may be constructed at the same time as the principal dwelling unit" to avoid unintended limits on simultaneous construction.
No formal committee vote to adopt specific ADU text was recorded; instead, the committee directed staff to provide a revised draft and to seek clarification from state planning resources about the meaning of "preexisting" where necessary. Jesse McArthur said he would reach out to PlanLink or other state planning resources and return revised language before the next meeting.