ZBA approves variance for new single‑family dwelling and ADU at 104 Lawton St., with conditions

Zoning Board of Appeals of Fall River City · November 21, 2025

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Summary

Attorney Peter Salino said the proposal would build a new primary dwelling and convert the existing structure into an accessory dwelling unit; the board approved the variance conditioned on site plan review, a building inspector letter confirming ADU size thresholds, and restrictions on further subdivision or additional ADUs.

Attorney Peter E. Salino represented the applicant for relief at 104 Lawton St., where the owner proposes to build a new single‑family house and convert the existing nonconforming dwelling into an accessory dwelling unit (ADU). Salino provided an updated plan that removed some setback requests and focused the petition on lot coverage.

Board discussion centered on whether a primary dwelling must be built to qualify the conversion as an ADU; counsel said the state and local rules allow a new primary dwelling paired with an ADU, but the building inspector must verify the new house meets size thresholds to qualify the ADU. The board added conditions: site plan review, a letter from the building inspector verifying ADU size/qualification, no additional ADUs, and no subdivision of the lot. The motion to approve the variance with those conditions passed.