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Marlborough introduces local law to allow detached ADUs, sets Sept. 8 public hearing
Summary
The Town Board introduced a draft local law to permit one detached accessory dwelling unit (ADU) on single‑family lots in R-1 and R‑Ag‑1 zones, with limits including a 900 sq. ft. maximum, two bedrooms, minimum lot sizes, health‑department certification, a ban on short‑term rentals, and SEQRA Type I designation; a public hearing is set for Sept. 8.
The Marlborough Town Board on Aug. 11 introduced a draft local law to amend Chapter 155 (Zoning) to add a new section (155‑32.6) authorizing detached accessory dwelling units (ADUs) on single‑family properties in R‑1 and R‑Ag‑1 zoning districts. The board declared the action a Type I under SEQRA, declared itself lead agency for environmental review, and set a public hearing for Sept. 8, 2025 at 7:00 p.m.
The draft law defines a detached ADU as "independently habitable and existing separately from the primary residence on a single lot." It limits ADUs to one per single‑family lot, requires a minimum lot size in accordance with Town schedule (the draft references Town §155 — Attachment 2), and requires Ulster County Department of Health certification that water and sewage facilities are adequate. The draft sets size limits of 400 to 900 square feet of gross floor area (the 900 sq. ft. maximum may be adjusted by variance) and a maximum of two bedrooms. The draft also prohibits ADUs from being used for short‑term rentals or bed‑and‑breakfasts and disallows ADUs on parcels used for multifamily, commercial, industrial, or vacant properties.
Supervisor Corcoran read the draft law language and explained that Ulster County is promoting ADUs and that the county offers grants (the draft notes up to $80,000) to support ADU construction if conditions—such as long‑term affordability—are met. The draft specifies that ADU owners would receive a county tax discount that phases out over time and that only certain zones and lot sizes would be eligible. The Board discussed limiting Planning Board involvement and amended Section 9 of the resolution language to strike a referral to the Town Planning Board; the Town Board moved forward to refer the matter to the county planning board as required by General Municipal Law §239‑m and schedule a public hearing.
No final adoption of the law occurred; the Board’s action at the meeting was to formally introduce the local law, declare lead agency for SEQRA and set a public hearing for public comment.
