Warner Planning Board approves major revisions to accessory dwelling unit ordinance, schedules public hearing

The Warner Planning Board on Jan. 5 voted to adopt a series of amendments to its Accessory Dwelling Unit (ADU) ordinance intended to bring the town’s rules into alignment with recent changes in state law and to streamline local requirements.

Planning Board member James Gaffney said the Board was addressing the topic "because the state law changed," and offered a concise draft he urged the Board to use as a starting point. Vice Chair Barak Greene argued the Board must respect language previously approved by Warner voters and advocated modifying the existing ordinance rather than a wholesale rewrite. Chair Karen Coyne presided over the discussion.

The Board approved multiple discrete changes. It adopted language clarifying that an ADU "may be a new build or converted from an existing structure" provided the conversion "shall not increase the nonconformity or introduce new nonconformities." It also approved a condensed definition of "Accessory Dwelling Unit" describing an attached or detached independent living unit appurtenant to a single-family dwelling that includes sleeping, cooking and sanitation facilities.

Members debated numeric size limits and code interactions. The existing Warner ordinance previously set an ADU minimum of 300 square feet and a maximum of 1,000 square feet; Board members noted a new state statute allows a maximum of 750 square feet and that the building code prevents issuing a building permit for structures smaller than 500 square feet. The Board did not retain a 300-square-foot minimum; members discussed but did not adopt an owner-occupancy certification requirement.

On use and transfer rules the Board approved that only one ADU may be constructed per single-family dwelling and that ADUs must comply with district setback requirements and "all applicable regulations for the Town of Warner." The Board adopted a restriction that "the owner shall not separately lease both the primary dwelling unit and the ADU at the same time," after discussing enforcement and the potential impact on community land-trust models. The board also adopted a provision excluding ADUs in association with manufactured housing or townhouse-style units.

Vice Chair Barak Greene moved, with Planning Board member Ian Rogers seconding, to adopt the set of amendments and to retitle the measure the "Warner Accessory Dwelling Unit Ordinance" and send it to public hearing; the motion passed. The Board approved the amended Use Regulations table (Ian Rogers abstained) and scheduled a public hearing on the ordinance revisions.

Resident Ruth Roudiez spoke in support of streamlining the ordinance while keeping it consistent with Warner voters’ intent. The Board reviewed related administrative items, approved the Dec. 15, 2025 minutes (Pier D'Aprile abstained), and appointed Micah Thompson to replace James Sherman on the Economic Development Advisory Committee.

The Board’s next step is the public hearing on the revised Warner Accessory Dwelling Unit Ordinance; no hearing date was set during the meeting. The meeting adjourned at 9:04 p.m.