DALTON, Mass. — The Planning Board last week recommended 4-1 that town meeting adopt an accessory dwelling units bylaw, with Planner Daniel Esko voting against.

 

The proposed bylaw would allow detached ADUs by special permit. ADUs within an existing structure would not require a special permit. 

 

"The special permit is really trying to get, from what I heard from people, from dramatically changing structures in the back yard that are detached, or adding structures that are detached," said Planning Board Chairman Andrew Perenick. "That change the view from the neighbors or are too close to the character, the line and that conservative character, that's addressed as well."

 

A number of residents during the open session recommended making it so a detached AUD has to have a special permit to be built. One person was concerned that someone could build a garage and then immediately after completion, state that by right they can make it into an ADU because it is an existing structure. 

 

The town only allows garages (or accessory buildings) up to 625 square feet and 15 feet high, and within setbacks, without a special permit. 

 

"If you want to build the garage big enough to put ... the full 900 square feet. I just think it'd be very cost prohibitive to build the garage and then just try to sneak the by-right and just bypass the fee for a special permit," said Planner Caleb Darby.

 

Members of the board were conflicted on whether the bylaw should be approved through a special permit or a site plan review.

 

Making it so a detached ADU is approved with a special permit meant it could be denied if it is changing the structure or drastically affecting the environment around it. 

 

One board member said case law was clear that there was no ability to deny under site plan review. It only gave the ability to regulate conditions, such as driveways and locations on the lot. 

 

"I'm generally more in support of a site plan review. That's less restrictive on the property owner, but still has an opportunity for town officials to confirm site conditions and compliance with bylaw as well as possibly adding a public hearing element to that so the public can still be informed," said Esko. "I think it satisfies a lot of people's concerns, maybe not all. But that's my view. Not sure that I want to support the special permit. I'd rather support the site plan review."

 

The process of obtaining a special permit is longer than a site review and could take up to five months; there's a time limit of up to 60 days to open a public hearing and 90 days after that to make a decision. 

 

Under a site plan review, however, the property owner is in control of the process and it is typically scheduled within 30 days with the certainty that it will get approved but under some conditions.  

 

The approvals of ADUs vary from town to town. Great Barrington currently approves it through a site plan review but a lot of other towns have go by special permit.

 

"In a lot of the towns, there are a lot of special permits or sometimes everything has to be special permit in some towns or everything had to be by-right," Darby said. "It really depends on what the town is looking for."

 

After much discussion a majority of board members believed that residents will be more inclined to pass the bylaw during town meeting if it was through the use of a special permit.