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Concord board debates ADU size, garages and transit definitions as Affordable Homes Act takes effect
Summary
Planning staff presented proposed ADU bylaw changes to align with the Affordable Homes Act, including raising the as-of-right ADU cap from 750 to 900 sq ft and clarifying gross floor area; the board debated garage exemptions, parking, public-transit definitions for parking waivers and whether to remove a special-permit path to 1,000 sq ft.
The Concord Planning Board spent a substantive portion of its Aug. 27 meeting reviewing a draft amendment to the town's additional-dwelling-unit (ADU) bylaw to implement the state Affordable Homes Act and to clarify measurement and permitting issues.
Staff presented changes that would allow ADUs in existing or proposed single-family dwellings or detached structures and increase the by-right ADU size to 900 square feet (up from 750), consistent with the state act. Staff explained the draft clarifies "gross floor area" (exterior wall to exterior wall for spaces with ceiling height over 6'8") and distinguishes that maximum floor-area-ratio rules exempt basements and screened porches.
Board members discussed several implementation concerns. One topic was how to treat garages for square-footage calculations: exempting garages entirely could create a loophole (large garages used as storage) but treating an existing garage as part of the principal dwelling might avoid loopholes. Staff said they will consult again with the building-inspection division to draft clear language. On enforcement practicality, staff noted calculating gross floor area to zoning standards can require dimensioned plans and that assessing departments do not keep those measurements.
Parking and the Affordable Homes Act's parking waiver were another focus. The draft would maintain one required parking space for ADUs but add an exemption within a half-mile of qualifying public transit; staff proposed Concord Center and West Concord commuter-rail stations as qualifying sites. Board members requested state guidance because it is unclear whether "public transit" will include future or local services or how to compute the half-mile measurement (any portion of a lot versus majority of lot). Staff will seek clarification from the state.
Members also raised community concerns that ADUs could be converted into short-term rentals; discussion noted the town currently treats "tourist home" arrangements through the Board of Appeals and building commissioner enforcement, and participants suggested a separate short-term rental bylaw could be addressed in a later work cycle.
Staff said they will meet with the building-inspection division on garages, verify the list of recent ADUs, refine definitions and then circulate an updated draft to the board and town counsel before finalizing a warrant article.
