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Board discusses state ADU rule changes and draft local bylaw; final text to follow
Summary
ZBA members discussed draft town language to implement new state accessory dwelling unit (ADU) rules and the timing of a warrant article; board members said they will follow state guidance until the town finalizes local bylaw updates ahead of Town Meeting.
Members of the Zoning Board of Appeals reviewed progress on a town draft to address new state rules for accessory dwelling units (ADUs). Board members and staff said they are coordinating with the planning board and other town committees and expect a public hearing on a warrant article to open Jan. 27, 2025.
Board members reported an active local drafting group that includes the building commissioner, planning board representatives, select board and economic development staff. The group is aiming to reconcile local language with recent state regulatory changes that take effect Feb. 2, 2025. Board members discussed distinctions between "protected" ADUs under the new state rules and older, unprotected accessory-apartment provisions in the current code.
One member asked whether it would be possible to retain the existing local bylaw for ADUs that exceed the new by-right thresholds (for example, units larger than the state-prescribed size or percentage), so those cases could still use the former special-permit route rather than being removed from the code entirely. Board members said they were waiting for final state regulations and legal guidance but generally expected to follow the state framework until Southborough adopts a local amendment. Staff and volunteer board members said they can circulate the current draft among ZBA members for comment and will share updates after the state publishes final guidance.
The board also noted a March special-permit application for an accessory apartment that may fall into the regulatory gap between the incoming state rules and the town's pending local bylaw amendment. Members said they would treat that application under existing law and state guidance as appropriate pending a local bylaw vote at Town Meeting.
Board members asked staff to circulate the most recent draft regulations and to keep ZBA members advised as state guidance is finalized so the board and voters can consider an updated bylaw at Town Meeting.
