Above: If proposed zoning passes, Town code would clarify the legality of ADUs. (image cropped from past presentation)
Industrial Park zoning changes aren’t the only zoning the Planning Board has been working on of late. They are also bringing an ADU (Accessor Dwelling Unit) Article to the Fall Town Meeting.
Right now, someone who reads the Town code and isn’t aware of state law for ADUs would mistakenly believe that a special permit (with limited availability) is required to add an apartment to their home. In fact, adding most small units (even detached ones) are now legally protected as “by right”.1
But looking at the current Town zoning bylaws, even someone who is aware of the state law may be confused about what in the Town’s code no longer applies and what still does.
Last April, the Planning Board tried to pass zoning changes to update the code. But their proposed revisions added restrictions on short term rentals and included a “streamlined” special permit process for larger projects not allowed by right. Details were further complicated by presenting interlocking Articles that would cause problems if one passed and the other failed. Town Meeting voters debated and ultimately rejected one. At the request of the Planning Board, other was indefinitely postponed.
At the upcoming Special Town Meeting this fall, the board is again looking to remedy the bylaw problem. Rather than risking a repeat failure, they are proposing one simple Article.
The changes would mainly just eliminate conflicts between state law and local bylaws. But the proposed revisions also include one minor use change and clarifies a local restriction consistent with our longstanding bylaws.
The ADU zoning Article would eliminates the definition for “Accessory apartment” in Southborough zoning. That currently refers to units interior to or attached to a main residence. That use is replaced with the definition for “Accessory Dwelling Unit” with updated language based on the state laws:
A self-contained housing unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a Principal Dwelling. An Accessory dwelling unit shall maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the state Building Code for safe egress. Accessory dwelling units shall not be located in a travel trailer or mobile home
Exception for Mobile Homes/Trailers
The final sentence of the above definition isn’t specified in the state’s laws or regulations. But it is within the Town’s rights to include and consistent with current code.
According to the state’s Executive Office of Housing & Liveable Communities, while modular homes (which have foundations) are covered by ADUS, Towns are allowed to more tightly regulate mobile homes and trailers. Current Town zoning laws include specific definitions for trailers and mobile homes, and defined allowances for temporary use or special permits for long term use. So, the proposed ADU definition clarifies that those are separate uses.
Industrial Park Zoning Change
Currently, the Industrial Park (IP) zone is written to allow and Accessory Apartment with a special permit from the Zoning Boad of Appeals. The revised code would eliminate that use instead of updating the terms.
The proposed change comes at a time when the board is in the midst of updating zoning for IP zone to encourage more tax revenue generating commercial projects. Initially, that Article was headed to the same Town Meeting. Last week, the board decided to hold off on that until the Annual Town Meeting this spring. (Although, they are still currently working on bringing a separate Article for one proposed IP use to this Fall’s meeting.)
Administrative Changes Reflecting State Law
All of the remaining changes are edits that simply reflect the new language and rights.
- Wherever “Accessory apartment” appears, it is replaced “Accessory Dwelling Unit”.
- Wherever the use is listed as a use by special permit, it is updated to specify that is only for ADUs “whose gross floor area is greater than 900 sq. ft”, or “exceeding state law dimensional stipulations (MGL c40A s1A)”.
- Under Residential zoning, an ADU is listed as allowed if, “not larger in gross floor area than ½ the Gross Floor Area of the Principal Dwelling or 900 Sq. ft., whichever is smaller”
- Wherever a cap is listed for the number of units in town that may be permitted for the use, that section is struck out.
Select Board members Andrew Dennington had objected to their spring Article as too complicated. At Monday’s Planning Board hearing, he publicly supported the new version. He noted that getting a special permit (for larger units) still requires approval from Planning, the ZBA, and the Board of Health. But he understood why they didn’t add those changes. Chair Meme Luttrell responded that they had tried to fix the issue of three boards the last time around “and it didn’t go over well.”
Vice Chair Marnie Hoolahan told the board that they had received comments from ZBA member Doris Cahill, who suggested changes to the special permit process. But Hoolahan said that at this time, they were just making the administrative changes. Other edits would be welcome if they revisit the bylaw at some future time.
The Article is one of two zoning bylaws that will be on the Warrant for the Special Town Meeting on Monday, October 27th. The meeting will be held at Trottier Middle School, starting at 6:30 pm. (For other coverage of that meeting, click here.)
Updated (9/12/25 10:39 am): I edited the caption (which originally was worded as though the bylaw will pass, instead of clarifying that the change requires voters’ approval).
