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Hubbardston planning board reviews revised ADU bylaw draft to align with new state law

February 21, 2025 | Town of Hubbardston, Worcester County, Massachusetts


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Hubbardston planning board reviews revised ADU bylaw draft to align with new state law
The Hubbardston Planning Board on Feb. 20 reviewed a revised draft of the town's accessory dwelling unit (ADU) bylaw meant to align the zoning bylaw with changes in state law enacted in August 2024.

Planner Alec said the proposed article would replace Article 24 and makes ADUs allowed by right in districts that allow single‑family dwellings, sets an ADU size limit at the lesser of one‑half the principal dwelling's gross floor area or 1,000 square feet, and ties water and wastewater requirements to existing Title 5 and other state regulations. Alec noted the state sets its own default of the lesser of one‑half the floor area or 900 square feet but that towns may be less restrictive; he said the town may keep a 1,000‑square‑foot cap but that doing so would require a two‑thirds majority at town meeting because it differs from the state's definition.

Alec said parking requirements in the draft mirror state rules: one additional parking space may be required for ADUs located more than a half‑mile from a commuter rail or bus rapid‑transit stop, while jurisdiction within a half mile cannot be required to provide that additional space. He also said the bylaw would allow one ADU per lot by right and require a special permit for any additional ADUs.

Board members asked questions about detached ADUs (for example, units over garages), grandfathering of existing ADUs, and how multiple ADUs on a single large parcel might interact with septic and water infrastructure. Alec said grandfathering is automatic for units already occupied or for which building permits were pulled before the public hearing date and that separate wells and septic systems could technically serve additional ADUs provided health and building codes are met.

Associate member Russell and other board members urged permissive language but also urged caution about "scope creep" — the risk that allowing multiple ADUs could enable quasi‑multifamily conversions without appropriate oversight. Peter and others suggested the board could permit a second ADU only by special permit and asked Alec to draft criteria and options for the next meeting. Francois said he reviewed the draft and found the streamlined one‑page version easier for residents to understand.

Alec said the board will submit the draft to the Massachusetts Attorney General's office for preliminary review and requested feedback from this board before the planning board schedules a public hearing and a town‑meeting article. The board asked Alec to return with several options, including special‑permit standards that would limit additional units and address septic, water, parking and anti‑compounding provisions in the zoning bylaw.

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