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Planning board readies ADU zoning cleanup to align local bylaw with state ADU law; removes 5% cap
Summary
The board reviewed a draft to bring the town's accessory dwelling unit (ADU) bylaw into compliance with the state law (approved 08/06/2024), remove the town’s 5% cap on ADUs, and retain a special‑permit path for ADUs larger than state by‑right thresholds; the public hearing was continued to Oct. 20.
Southborough — The Planning Board reviewed proposed amendments to the town’s Accessory Dwelling Unit (ADU) bylaw intended to align local definitions and procedures with the state ADU law enacted Aug. 6, 2024, while preserving the town’s existing special‑permit pathway for larger ADUs.
Planner and board member Marnie Houlihan (presenting) explained the draft would replace the town’s outdated “accessory apartment” language with the state ADU definition, remove the ADU allowance from the Industrial Park zoning district, and add the state’s by‑right ADU provisions to the town’s residential and business districts. The draft also deletes the town’s 5% numerical cap on ADUs, a provision the record shows the town never actively tracked.
The draft retains the town’s existing special‑permit option allowing ADUs larger than the state by‑right thresholds (for example, ADUs larger than 900 square feet or greater than half the gross floor area of the principal dwelling) and preserves incentives for adaptive reuse of historic buildings. The presenter recommended posting a short handout for town meeting and creating a simplified summary page for residents ahead of the special town meeting.
Board members supported the cleanup language and suggested minor presentation edits, including ordering bylaw citations numerically for clarity and adding a short handout summarizing what changes are and are not being made. The board moved to continue the public hearing to Oct. 20 and to finalize the warrant report and presentation for town meeting.
Why it matters: aligning the bylaw with state ADU law clarifies administrative permitting and removes an arbitrary local cap, while preserving local control via the special‑permit route for larger ADUs and incentives for historic adaptive reuse.
What’s next: staff to prepare the presentation and a concise handout for the public, finalize the planning board report for town meeting, and continue the public hearing Oct. 20.
