Council and Planning Board Get Look at Draft ADU Ordinance

Both the planning board and town council will be taking up the potential approval of a new Accessory Dwelling Units (ADU) ordinance in the coming months.

At a joint meeting of the council and planning board last week, town attorney Jim Cipoletta presented a draft version of the ADU ordinance and provided some history on the measure.

“On Feb. 2 of 2025, as a result of the Affordable Homes Act signed into law in 2024, the concept of an accessory dwelling unit, otherwise known as an ADU, was introduced statewide,” Cipoletta said. “It’s mandated by state law, and it gives the cities and towns some discretion, some ability to regulate, but by and large, it is similar to other state legislation we have seen in the past five years. It boxes us in by restricting what we can do to make changes to the model ADU ordinance.”

The state law calls for towns to allow the ADUs, sometimes known as in-law apartments, by right without a special permit or variance, in single-family housing districts.

“We have made adjustments to what was recommended by the state and what is mandated by the state,” said Cipoletta. “By no stretch is this a ‘may’ impose, this is a ‘shall.’”

Under the state mandate, the ADUs may be built either within a principal dwelling, or outside the property, but the ADU must meet zoning requirements such as setbacks and side yard distances. The ADUs also can be no larger than 900 square feet, or half the size of the principal dwelling unit, whichever is smaller. In addition, no additional parking spaces are required if the ADU is within a half-mile of a public transportation location such as a ferry, bus stop, or train station.

ADUs cannot be created in condominiums, duplexes, or townhouses, according to Cipoletta. Commercial uses are also not allowed within the ADUs, he added.

“One of the purposes the state sets out for creating this … is for senior citizens to have the ability, as they age, to stay close to their families and for the family to be able to build something within the principal dwelling,” said Cipoletta. “There are other reasons set out in the purpose and intent, but this is what we focused on because we are not looking to overcrowd Winthrop with ADUs and more rentals than we can absorb.”

The only time a variance would come into play for an ADU would be if someone was looking to add an ADU within an existing residence, but wanted to build outside its existing footprint, Cipoletta said.

“We wanted to comply with the spirit and the written letter of this law, because we will be under the microscope,” said Cipoletta. “But by the same token, we want to do what is best that fits into the landscape of Winthrop.”

The planning board and council will both be reviewing and making potential recommendations on the draft ordinance over the next several months, according to Council President Jim Letterie.