Dalton Planning Board Works to Update ADU Bylaw
DALTON, Mass. — The Planning Board agreed to amend its Accessory Dwelling Unit bylaw one step at a time.
During a meeting last month, the board decided to focus on updating the bylaw to comply with state law before presenting the idea of including mobile/movable tiny houses.
This decision was made because many aspects need to be considered when addressing tiny mobile houses, and it could potentially be a more controversial item for voters.
Board members said separating the ADU bylaw from the mobile/movable tiny house regulation would prevent confusion because it would allow each issue to be addressed clearly and distinctly.
Amending the town's ADU bylaw to comply with the state is unlikely to be controversial to town voters. However, updating the bylaw to include moveable tiny homes is a "bigger leap," board Vice Chair Zack R. McCain III said.
"That's just the nature of the town. So, we need to keep them separate," McCain said.
"First, do a public hearing on this bylaw, and do not let this mobile/movable tiny house bylaw get confused with the regular ADU bylaw."
During a town meeting in May 2022, town voters approved an ADU bylaw that had been in process since October 2020.
The bylaw allows detached ADUs by special permit, and ADUs within an existing structure would not require a special permit.
Since the vote, however, the state has updated its law to allow AUDs without local zoning approval if they meet specific requirements. This state law would not go into effect until February 2025. This means the board must now update its bylaw to align with the state.
What was not considered before being approved is the implications ADUs have on water and sewer rates and taxation. More information here.
The town does not currently have any ADUs built yet, but one has recently been permitted. The tax collector does not have any rates for this type of housing.
These need to be considered during the process of updating the town’s ADU to meet state law.
Once town voters approve the ADU bylaw to bring it in compliance with state law, the board will enter into the next phase of amending the bylaw to include moveable/tiny homes and present it to voters.
To amend the ADU bylaw to include moveable/tiny homes, the board will need to define what constitutes a "movable/mobile tiny home" versus an ADU or other residential structure.
This includes determining if movable tiny homes should be treated the same as RVs or manufactured homes.
The board will need to decide on appropriate zoning districts to allow movable tiny homes by considering lot size, setback, and other dimensional requirements.
They also have to ensure that the bylaw properly dictates how to connect to water, sewer, and electrical utilities and address concerns about freeze protection for pipes and other weather-related issues.
The board emphasized that they will need to ensure that movable tiny homes comply with relevant building, fire, and safety codes and establish a permitting process for placing and connecting them.
They will also need to determine what inspections are required, including building, plumbing, and electrical inspections.
ADU subcommittee member Amy Turnbull emphasized that the ANSI National Accreditation Board and the National Fire Protection Association has codes for moveable tiny homes the town can follow.
Another resource for the board to consider to help with the process is NOAH RDI Home Inspection and Certification, which has detailed building standards for tiny home.
A common misconception that raises concerns amongst residents is the idea that movable tiny homes are conventional travel trailers or motorhomes; they are not, Tiny Home Industry Association President Dan Fitzpatrick said in February.
"A movable tiny home is not that movable. A tiny home is built to resemble a typical cottage or bungalow," he said.
More information on movable tiny homes here.
Tags: ADU, tiny homes,
