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Select Board recommends zoning changes to comply with new state ADU law
Summary
The board voted to recommend Article 9 to the Nov. 18 special town meeting to revise Foxborough’s zoning bylaw so accessory dwelling units (ADUs) comply with a state law effective Feb. 2; key changes include allowing detached ADUs, adopting state size and parking rules, and eliminating a local owner-occupancy requirement.
The Foxborough Select Board on Oct. 22 voted to recommend Article 9, a zoning bylaw amendment to align the town’s rules with recent changes to the Massachusetts zoning act that take effect Feb. 2. Town counsel presented the draft bylaw and responded to an extended public question-and-answer session about how the new state standards will change local processes.
Under the draft article the town would: adopt the state definition of an accessory dwelling unit (ADU); remove the local requirement for a special-permit approval so ADUs will be allowed by right in single-family residential districts as the state requires; allow detached ADUs in addition to attached units; set unit size as the smaller of one-half the gross floor area of the principal dwelling or 900 square feet (the state standard), replacing the town’s current net-area limit of 850 square feet; prohibit the town from requiring owner-occupancy or a family-member occupant; and limit additional parking requirements to one extra parking space (and zero additional spaces for ADUs located within a half-mile of the commuter rail station).
Town counsel and board members emphasized that the draft retains dimensional rules, septic and other health-code compliance, and site-plan review so the planning board and Building Commissioner can review layouts and ensure life-safety and wastewater standards are met. Counsel said site-plan review under the proposed bylaw could not be used to deny an ADU but would allow the town to review layout and impose objective conditions to address local impacts.
Board members asked about local sewer/wastewater capacity, short-term-rental restrictions, and potential impacts in neighborhoods with small lots; counsel said septic and wastewater requirements remain enforceable and could limit some conversions. A board member noted the high cost of many conversions — an example was cited of a homeowner walking away from a $400,000 construction estimate for an attached one-bedroom unit — and said the change is likely to produce incremental gains rather than mass conversions.
Select Board members voted to recommend Article 9 for the Nov. 18 special town meeting; the transcript records a motion and an affirmative vote to recommend the article.
