Needham attorney outlines ADU bylaw draft, recommends objective 'finding' not a special permit

Needham town attorney Chris Heath told the Planning Board on Jan. 6 that the town’s draft zoning amendments for accessory dwelling units are largely aligned with recent state decisions but that the board should change how it reviews expansions to preexisting nonconforming structures that would add an ADU.

Heath said the town’s existing setback rule (section 4.2.9) — which allows accessory structures to sit up to 5 feet from a rear or side property line unless taller than 15 feet — can be applied to ADUs without jeopardizing Attorney General approval. He advised the board to avoid requiring a discretionary special permit for expansions that would add an ADU. “The town cannot require a special permit for expansion of a nonconforming structure to house an ADU,” he said. “What it can, however, require is a, quote, unquote, finding pursuant to section 6 of chapter 48 that the [expanded] structure is not more detrimental to the…