Resident asks whether modular ‘tiny’ home at 393 Homestretch fits town zoning; council clarifies CCR enforcement

A resident who identified the property at 393 Homestretch addressed the council to ask whether a small modular home would be permitted under local rules.

The resident said the unit would have a bedroom, kitchen and bathroom and asked whether the town’s minimum-width and minimum-square-footage rules would apply, noting one restriction that appeared to require a 14-foot minimum width. “Is my modular home… considered a tiny home? Is it not?” the resident asked.

Planning discussions followed. Council and staff told the resident that the town’s ordinance sets zoning and building requirements the town enforces, while private covenants on deeds (CCRs) are contractual between private parties and are not enforced by the town. An unidentified speaker stated, “In your CCR, town does not enforce those,” and clarified that private deed restrictions can still be enforced by private parties. Staff also said an ordinance can be more restrictive than a private deed but cannot nullify private contractual obligations.

The resident noted there is no sewer at the site and that the proposed home would use a septic system and propane for fuel; staff said those site constraints are relevant to any permit. Council asked planning staff to draft clearer ordinance language on minimum sizes and definitions for small or modular/tiny homes and to return with recommended clarifications.

No formal ordinance change was adopted; the council instructed staff to review the zoning language and provide proposed edits at a future meeting.