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Planning Board backs zoning changes to bring ADU rules into line with state law, recommends council approval
Summary
Taunton City Planning Board voted to recommend changes to the city's zoning ordinance that expand accessory dwelling unit (ADU) rules and tighten accessory-structure setbacks; the board approved a single option aligning ADU allowance where single-family dwellings are permitted.
The Taunton City Planning Board voted March 6 to recommend to the City Council a package of zoning amendments that would expand where accessory dwelling units (ADUs) are permitted and adjust setback and dimensional rules for accessory structures.
City Planner Kevin Scanlon told the board the package responds to recently finalized state regulations. "These are for a recommendation to the council. They primarily deal with ADUs," Scanlon said, and explained the city must allow ADUs "in all the districts that a single family is potentially allowed in, even by special permit." He said he presented two options to councilors but expected the board to endorse the option that allows ADUs wherever single-family housing can be located.
The ordinance edits described by Scanlon would change the ADU definition from one tied to a single-family dwelling to a qualifying principal dwelling defined by the state (referencing 760 CMR language the planner cited), update dimensional rules to use the least-restrictive setback where state law requires that, and remove a previously proposed "cooling-off" restriction that would bar building a house and then adding an ADU. Scanlon also proposed tightening the reduced-setback allowance for accessory structures that now applies uniformly (including front yards) so the reduction would apply only to side and rear setbacks and be smaller (two-thirds rather than one-half of the district setback), to reduce the potential impact of larger ADU-sized buildings.
Board members asked follow-up questions about minimum ADU size, visibility and aesthetics, and whether height limits could be used to distinguish sheds from livable ADUs. Some members expressed concern about ownership and occupancy requirements under state law; Scanlon stressed these are state minimums the city must implement and that the amendments are intended to make local code consistent with the state rules.
The board held the public hearing segments required under the city's process and, without additional public comment on the draft language, approved a motion to recommend the zoning changes to the council with the planner's preferred option (withdraw option B). The motion passed by voice vote; the board's clerk recorded "All in favor? Aye. The ayes have it."
The Planning Board recommendation moves the language to the City Council for their hearing and potential adoption. Scanlon told the board he will present at the council hearing and that the changes are intended solely to align the local ordinance with state ADU requirements and address dimensional consequences the state regulations created.
Planning staff and the conservation agent reported no objections from the engineering and conservation offices to the proposed revisions and noted the changes will require additional clarifying language in accessory-structure and dimensional sections. The board made no substantive amendments to the packet it forwarded to council; its vote was the board's formal recommendation only, not final adoption.
The City Council will consider the board's recommendation in its own public process.
The board's action was procedural: recommending that the City Council adopt the draft amendments as presented to ensure Taunton's zoning is consistent with state ADU regulations.
