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Wells boards amend ADU rules to comply with state law, tighten lease and occupancy language
Summary
After a joint public hearing, the Planning Board and Select Board directed staff to forward amendments to Chapter 145 to comply with LD 2003; the changes clarify detached ADUs, follow state parking wording, require 12-month minimum leases for ADUs and define owner-occupancy as a 'primary residence.'
WELLS, Maine — The Wells Planning Board and Select Board held a joint public hearing March 17 and agreed to forward amended language to Chapter 145 that tracks state LD 2003 while adding local clarifications on accessory dwelling units (ADUs).
Leah, the meeting presenter, said LD 2003 (enacted 2022) requires municipalities to permit ADUs and set related standards and that the draft ordinance before the boards seeks to meet those statutory requirements without exceeding them. "Please don't shoot the messenger," Leah said, explaining the town's limited ability to alter state-imposed requirements.
Resident Tiffany Nelson told the boards she supports more affordable housing but urged protections for neighbors, raising questions about detached ADUs, inspections and parking. "It took me eight years to find affordable housing in town," Nelson said, and asked whether a permanently placed camper or Airstream could qualify as an ADU. Staff and board members answered that registered vehicles are not structures unless wheels are removed and the unit is set on a foundation and permitted through the code office.
The boards debated whether local parking rules could require more spaces for ADUs than the primary single-family dwelling. Counsel and staff cited guidance from the Department of Economic Development saying towns may not impose additional parking requirements beyond those applicable to the main dwelling, but several board members said the practical effects—especially in beach and RA districts—would be problematic. To reduce the risk that the full ordinance fails at town meeting and invites litigation, a motion to track the state's parking wording passed with a recorded vote of 3–1.
The Planning Board also voted to strengthen occupancy and rental limits for ADUs. Members approved changing the minimum ADU lease term from six to 12 consecutive months to discourage short-term rentals and preserve year-round housing. A separate motion to replace a fixed-month owner-occupancy requirement with the phrase "as their primary residence" passed unanimously, leaving enforcement details to code staff and future rulemaking.
Leah summarized the draft changes the boards asked staff to prepare before the ordinance is presented to voters: (1) remove the absolute local prohibition language and instead trace state parking wording so the town preserves interpretation options, (2) allow existing already-permitted accessory dwellings to remain under current rules, (3) change the minimum ADU lease requirement to 12 months, and (4) require owner-occupancy to be the owner's primary residence rather than specifying a set number of months.
What happens next: The Planning Board voted unanimously to forward the amended ordinance to the Select Board for scheduling on the June town meeting warrant. Staff will return a revised draft incorporating the Planning Board's redlines and definitions for primary residence, and the boards signaled they will continue a public workshop before final voter consideration.
