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Planning board backs 750-sq-ft cap for accessory dwelling units and moves to align multifamily, STR rules with state law
Summary
Waterville Valley planning board reviewed zoning amendments to adopt a 750-square-foot ADU cap (within statutory authority), refine multifamily/workforce-housing definitions and consolidate short-term rental rules; members asked staff for clearer lot-coverage language and to bring final wording to the public hearing.
The Waterville Valley Planning Board reviewed a package of zoning-ordinance amendments that would limit accessory dwelling units (ADUs) to 750 square feet for new construction and update multifamily and workforce-housing definitions to reflect state law.
At the meeting planner Liz (speaker 1) described the change as a way to "reflect the 2025 state law changes" that allow a detached or attached ADU maintained in the same ownership and not conveyed separately. Chief Dave Noyes (speaker 11) noted the statute’s default: "the statute says the dwelling units shall not exceed 950 square feet unless authorized by the municipality," while adding municipalities "may restrict the total living space to 750 square feet." The board discussed several wording options, including a cap of 750 square feet or a percentage-based approach (for example, "no larger than 50% of the primary dwelling"), to balance local context with legal limits.
Members who voiced concerns said the change could alter the town’s character. One committee member objected to allowing tiny or mobile homes to be placed where they historically were not intended, while others urged compliance with state law to avoid legal exposure. Staff member (speaker 8) said, "So we wanna keep it at 750 square feet," summarizing the staff recommendation to use the municipality-authorized floor-area limit.
The board also discussed consolidating short-term rental (STR) rules into the zoning text and clarifying whether ADUs and recreational vehicles may be used as STRs; Liz said the text would be applied to new construction from the public-hearing date if adopted. Chief Noyes emphasized life-safety and permitting alignment: the objective is to ensure STRs meet necessary code and permitting requirements.
Board members asked staff to: (1) draft precise ordinance language that either fixes the ADU at 750 square feet or uses a percent-of-primary-dwelling alternative; (2) include an explicit prohibition on using ADUs as separate conveyable units and to clarify whether ADUs may be rented short term; and (3) reconcile multifamily definitions with applicable fire-code and building-code thresholds. Liz agreed to research off‑the‑shelf language to resolve ambiguities about lot coverage and open-space percentages before the next public hearing.
The board set the public-hearing schedule for the ordinance package (see separate action) and agreed to return with refined language and counsel review before the warrant articles are finalized.
