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Select Board hears planning presentation on ADU changes following state law update
Summary
Planning Director Jenny Gingras briefed the Select Board on Article 23 implementing the Aug. 2024 state amendment to chapter 40A §3 that allows accessory dwelling units (ADUs) by right in single‑family zoning; Westborough staff said local rules will retain some dimensional oversight, prohibit short‑term rentals, and align some local size allowances with existing local rules.
Planning Director Jenny Gingras presented Article 23 to implement the state’s August 2024 amendment to chapter 40A §3 that makes ADUs allowed by right in single‑family zoning districts.
Gingras explained that state law was intended to increase housing opportunities by allowing ADUs without a special permit from the Zoning Board of Appeals. Westborough’s proposed implementing language would: preserve most local dimensional and setback requirements, continue to apply Title 5 septic rules where applicable, and prohibit short‑term rentals from ADUs (rentals under 30 days). She said the state minimum for ADU size is 900 sq ft or half the gross floor area, but Westborough currently allows 1,000 sq ft by right for attached ADUs and chose to maintain that local allowance.
Board members asked specific operational questions: whether a single‑family house with an ADU remains classified as single family (Gingras: yes, still a single‑family home with an accessory unit), how the assessor is notified of a building permit/C.O. (permits and C.O.s trigger assessor notifications), and how sewer moratoriums affect ADU creation (the moratorium remains in effect for any new ADU until lifted). Gingras also noted that larger ADUs or modifications to nonconforming structures could still require special permits from the ZBA.
Ending: Gingras said the state changes are already in effect as of Jan. 31; the warrant article would clarify town options (e.g., the short‑term rental prohibition and local dimensional allowances) and the board had no further questions.
