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Brookline panel narrows ADU limits, removes 50% proportionality rule and endorses statewide-aligned draft
Summary
After extended debate the planning board voted Jan. 15 to recommend ADU rule changes that align with recent New Hampshire RSA updates: ADUs will be allowed by right, limited to two bedrooms, with the draft authorizing up to 1,000 sq ft (noting state minimums and maxima). The board removed a proposed 50% proportionality clause and asked staff to confirm fire-alarm language with the fire chief.
The Brookline Planning Board devoted a large portion of its Jan. 15 meeting to accessory dwelling units (ADUs), ultimately moving to recommend revised ADU language to the select board that follows recent New Hampshire statutory guidance.
Chair (Speaker 2) opened the discussion by summarizing the draft: ADUs would be allowed by right where single-dwelling units are permitted; the draft sets bedroom and size limits intended to stay consistent with RSA provisions and the municipality's building code. "ADUs no longer need a special exception and are allowed by right anywhere where a single dwelling unit is allowed," the chair said while reviewing the draft.
Planner/counsel Michelle (Speaker 3) walked the board through counsel's edits: remove a locally imposed minimum that might conflict with state law, clarify whether the municipality cites the current edition of national parking/standards manuals, and make smoke/fire alarm language consistent with fire-department practice. The board reviewed state constraints that a municipality "may not restrict the total living space to less than 750 square feet" and that the statute references a 950-square-foot default maximum unless the municipality authorizes a different cap. The planning board's draft authorizes up to 1,000 square feet in certain cases.
Board members debated whether to retain a "50% proportionality" line (which would have limited an ADU to 50% of the primary dwelling) to protect neighborhood character. Several members questioned whether that provision is necessary because ADUs in the draft are already limited by square-foot and bedroom caps. "I don't think that many houses is gonna be more than 1,000 square feet... so I'm actually in favor of removing that," one committee member said during deliberations. By majority voice vote the board removed the 50% clause and recommended the ADU section for the March warrant.
The board also discussed fire and safety language: for attached ADUs the draft requires interconnected alarms; the board agreed to ask the fire chief whether the provision should read "fire alarm system" (broader) or "smoke alarm system" and to accept the chief's recommendation for final wording.
Board members emphasized that local language must not conflict with RSA and that any unresolved technical points (alarm wording, manual edition citations) will be finalized by staff and publicized prior to the select board review. The planning board's recommendation now moves to the select board for consideration on the March 2026 warrant.
