Braintree council delays vote on accessory dwelling unit zoning changes after public safety, setback concerns

The Braintree Town Council on Tuesday opened a public hearing on proposed zoning changes to allow accessory dwelling units (ADUs) on single‑family lots and unanimously voted to continue the hearing to Aug. 5 after residents, the building inspector and several councilors raised concerns about setbacks, height limits and public‑safety and infrastructure implications.

Town Solicitor Rossetti told the council the draft ordinance seeks to bring Braintree into compliance with state law — including Chapter 40A and related guidance — and recommended adopting Metropolitan Area Planning Council definitions to ensure clarity. “Communities now are required to allow this construction of a protected use accessory dwelling unit ... as of right in any zoning district where a single family residence is allowed,” Rossetti said.

The issue prompted extended public comment. Russ Forsberg, Braintree’s building inspector, said the proposed dimensional rules could allow detached structures taller than many existing buildings to be sited as close as 5 feet from property lines and urged the council to understand that those dimensions would be enforceable if adopted. “You’re talking about basically allowing something the size of an undormant cape to be placed potentially 5 feet from the rear inside property lines,” Forsberg said. Residents also raised concerns about drainage, utility connections, site plan review and the potential for neighbor conflicts.

Council discussion centered on reconciling the state mandate with local concerns. Councilor Bridal noted the ordinance’s purpose is to bring the town into compliance and that the proposed draft includes a 900‑square‑foot maximum for ADUs and an explicit height limit — a one‑and‑a‑half‑story / 18‑foot cap — intended to prevent very tall detached structures. Councilor Maglio and others emphasized that a structure 5 feet from a property line equates to 10 feet between buildings and asked about fire‑department guidance. Solicitor Rossetti said he had consulted the fire chief’s prior advice and that the chief’s memo referred to access between structures on a lot, not rear‑yard setbacks; councilors disagreed about the memo’s reading.

Several councilors and members of the public asked whether site plan review should apply to freestanding ADUs, citing water, sewer and stormwater concerns. Public commenters said many Braintree lots are smaller than regional averages and warned that allowing ADUs without local controls could change neighborhood character. Others, including Councilor Warren and Councilor Reynolds, said they support ADUs as a tool to address the region’s housing shortage while protecting safety and property values.

After debate, Councilor Reynolds moved to table the amendments for the evening and continue the public hearing to Aug. 5, 2025 at 7:30 p.m.; the motion passed on a roll‑call vote with all present councilors voting aye.

The hearing will resume Aug. 5; until then the draft ordinance remains under discussion and no zoning change has been adopted.

Sources: Town Solicitor Rossetti; Russ Forsberg, Building Inspector; multiple public commenters; Braintree Town Council roll‑call votes.