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Fayston Planning Commission approves ADU rule changes on 3–2 vote

Fayston Planning Commission · June 9, 2025
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Summary

The commission voted 3–2 to approve amendments to Section 4.1 (Accessory Dwelling) aligning local rules with state statutory requirements; supporters said the changes clarify ownership and utility requirements, while two commissioners dissented over size limits.

The Fayston Planning Commission approved amendments to Section 4.1 of the town's Land Use Regulations governing accessory dwellings by a 3–2 vote at its June 9, 2025 meeting. Commissioners Freddie Graves, Langford Davidson and Paul Quinlan voted to approve the language; Michael Duell and Andrew McNealus voted against the motion. The motion was made by Freddie Graves and seconded by Langford Davidson.

The draft language presented to the commission states that "there shall be only one principal dwelling per single-family residential lot" and allows one accessory dwelling on an owner-occupied single-family lot subject to setback, utility and parking requirements and to an ownership restriction that the accessory unit be retained in common ownership unless it meets current subdivision and density rules. The record includes numerical size references and thresholds in the draft text; the commission approved the language as written and will carry the amendment forward in the LUR revision process. Commissioner Andrew McNealus said the proposal "could be more permissive" to allow larger ADUs, while Commissioner Michael Duell said the proposal was "too permissive" on size, reflecting the split vote.

The commission's approval is an internal Planning Commission vote on the proposed LUR text; Langford Davidson's presentation to the commission described the next procedural steps required by state statute, including preparing a PC report under 24 V.S.A. §4441 and warning public hearings. The amendment will next proceed through the town's formal amendment process (public review, Selectboard review and warning) before any change becomes effective.