DALTON, Mass. — There is uncertainty surrounding implications accessory dwelling units will have on the water and sewer rates.
The town does not currently have any ADUs built yet, but one has recently been permitted. The town passed its ADU bylaw in 2022, which had been in development since October 2020.
It is unclear if the topic of how the town would set its sewer rates was discussed during the bylaws development. The tax collector does not have any rates for this type of housing.
On Aug. 6, the state updated its law to allow AUDs without local zoning approval if they meet certain requirements. This state law would not go into effect until February 2025.
The Fire District, a separate governing body that oversees the Water Department, has started discussions on how to set up the water rate structure for all types of ADUs.
There are three main types being considered: ADUs up to 900 square feet attached to the main house, tiny houses under 400 square feet on a foundation, and mobile tiny houses on wheels, Planning Board member Don Davis said during the Board of Water Commissioners meeting on Tuesday.
ADUs up to 900 square feet and attached to the main house and tiny houses are permitted in town.
The Planning Board has been considering amending the bylaw to allow mobile tiny homes,
The efforts to amend the bylaw have been met with obstacles surrounding its tax implications. More information here.
"With us as a Planning Board, we're trying to figure out what we need to put in for stipulations, and this is why the town planner has probably reached out to you guys," Davis said.
A lot of people are assuming that the town and water department can just hook up the water or sewer and be good to go, he said.
However, there are a lot of things that need to be considered, including meeting the state Department of Environmental Protection regulations, backflow prevention, among other things, Davis said.
The board is trying to figure out what to include in its bylaw, whether it is curb-stop, connection fees, or other matters associated with water and sewer regulations.
"Just to review that, with the thought in mind that we need to make sure we protect the water system," Water Commissioner Michael Kubicki said.
Once that is figured out, the district needs to adjust the regulations and rates based on the different types of units, he said.
With an ADU on a foundation, there would probably be a sewer connection and a water connection with its own independent curve stop.
When it becomes a sewer or a well system, then you also have to worry about conservation or the health department to figure out what the septic system is big enough to handle it, Davis said.
"We're just looking for the impact fee to the people that are building or buying these and how they're going to be implemented because it's pretty unclear," he said.
"Maybe they think they could just put a hose to it, and then who knows what happens. So trying to connect all the bases."
With a mobile unit, if they connect a hose to it and it is there over the winter, they would need to put some kind of heat cable on it or leave it running for it not to freeze, Water Superintendent Bob Benlien said.
So there are different questions that come up, like whether or not these units need to be metered, he said.
ADUs on a foundation should have a separate category from mobile units, Benlien said.
"If they're placed on a slab and they're attached to the ground, then I think they should have their own service connection," he said.
Mobile units should have the same guidelines similar to what a mobile park has, Benlien said.
It would come out of the ground and need to be frost resistant, Davis agreed.
Right, Benlien said, it would have to have something like skirting and insulation around it.
This is something the district needs to talk about further in detail during a future meeting when potential options have been thought about further, Kubicki said.
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Fenton: Governor's Council Must Deliver for the Berkshires
Community submissionGuest Column
I am a Springfield lawyer running for Governor's Council and I am asking for Berkshire County residents to support me over an incumbent from North Adams.
Here's why: Last year I learned about staffing issues in our regional courts that I could not ignore. In 2025, it was reported that four of Western Massachusetts' 11 Superior Court judgeships were vacant, all at the same time. A few weeks later, that grew to five vacancies. This meant there were only six Superior Court judges serving all of Western Mass at a time when Berkshire, Hampshire, Franklin, and Hampden counties had more than 100 pending homicide cases.
Those numbers were alarming to me, so I started to engage with leaders in the community who work most closely with the court system and I came to learn that these vacancies were only the tip of the iceberg here in Berkshire County.
I learned that no Superior Court or District Court judge had been appointed from the Berkshires since the current incumbent took office. As a result, there is not a single Superior Court judge who lives in the Berkshires today, and several of the District Court judges drive in from other counties to support Berkshire courts in Pittsfield, Great Barrington, and North Adams. Court staff also informed me about severe staffing shortages at the Berkshire Clerk of Courts office resulting in other counties needing to loan staff to the Berkshires just so hardworking employees can take a brief and planned summer vacation. This is not normal. These issues are a reflection of genuine problems with the Berkshire County court system and show a lack of proactive attention from our Governor's Councilor.
Instead of focusing on regional equity, I watched as the current incumbent celebrated that she has voted against the governor's nominees more than any other councilor, without much explanation as to why. Most recently, she voted against two extremely qualified former prosecutors for the Parole Board. This was despite an in-person plea from the governor and a letter of support from all the three of the district attorney's from Western Mass. Those votes do not show independence or standing up for principles, they demonstrate naivete, and an unwillingness to work with the key stakeholders.
I had seen and heard enough. I decided to jump in the race and challenge the incumbent to address these problems head-on.
I am a partner of a regional law firm. I understand our courts and the importance of having qualified, fair and hardworking judges. And I know how important it is to have judges from the Berkshires serving the Berkshires. To achieve that, you need strong relationships with the legal community and local stakeholders. You need to know how to use the power of the Governor's Council to fight forcefully for our region. And you need to be laser focused on identifying vacancies before they occur so that they can be filled quickly with local candidates.
The landscape has special significance in the Berkshires. It is a central element in the region's scenic rural character and quality of life, as well an economic resource that is a basis of tourism.
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