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Planning board endorses Form A for Maple Street lot despite ADU‑bylaw questions
Summary
The board granted a Form A endorsement for a Maple Street lot (one lot to be divided where a detached ADU exists). Board members agreed Form A covers only frontage and access but noted the town's ADU bylaw may bar creating separate ownership of a primary dwelling and a detached ADU; the building commissioner had provided an enforcement opinion that did not object to the endorsement.
At the start of public comment the board considered a request related to 5 Maple Street, where an existing detached accessory dwelling unit (ADU) is sited. The owner’s representative, Patrick, said the owner wants to split the parcel so the ADU would sit on a separate lot; board members discussed whether the town’s ADU bylaw prevents separating ownership of a primary dwelling and a detached ADU. A board member summarized the bylaw: "a lot on which a detached ADU has been constructed cannot be divided or conveyed in a way that divides ownership of the primary dwelling and the ADU."
Board members noted the difference between Form A endorsement (which assesses only frontage and access on subdivision plats) and zoning/building compliance. The building commissioner had submitted a letter and "is okay" from an enforcement standpoint. The board voted to approve the Form A endorsement while recording that zoning and ADU bylaw compliance remain subject to building/zoning enforcement and potential appeal.
The motion to approve the Form A endorsement was moved by Patrick and seconded; the roll call recorded votes of "Aye" from Conrad, Kim, Peter and Doug Donovan. The board said the applicant should consult with the building inspector concerning ADU restrictions and consider whether any warrant or bylaw amendment is needed at town meeting.
