Littleton ZBA asks town council to clarify whether ADUs can be separately owned

The Littleton Zoning Board of Appeals voted June 18, 2026, to ask the Littleton Town Council for a written opinion clarifying whether an accessory dwelling unit (ADU) can be in separate ownership from the principal dwelling under the town’s current zoning bylaw.

Board members said the question has gained urgency since the passage of provisions under the Maura Healey Affordable Homes Act and as the planning board prepares to update the town’s zoning bylaws. One member told the board the issue could change the purpose of ADU rules, which were originally intended to help homeowners age in place, not to create new investment units.

During the discussion a member asked, “Can an accessory dwelling unit be in separate ownership than the principal dwelling? Period.” Other members disagreed about whether the town attorney had provided a blanket opinion on the matter. “Your attorney did not render that advice in a general sense yet,” one member said, urging the board to seek a written response tied to the specific question rather than rely on informal, case-specific counsel.

The board framed a motion that asked the town council to answer specifically whether an ADU can be in separate ownership under the current zoning bylaw. The motion was seconded and approved by voice vote. The ZBA asked that the opinion be rendered in writing and entered into the board’s record so members can cite the exact context of any attorney response.

Board members also noted that the planning board is expected to hold hearings to update the town’s zoning bylaw to reflect the state law changes; several ZBA members said they expect to be notified and attend those sessions to offer input on how any revisions would affect variances and special permits the ZBA hears.

Next steps: the ZBA will forward its formal question to town council and await a written opinion; the planning board’s hearings on related zoning changes will be communicated to the ZBA.