New accessory dwellings in South Berwick should be limited to 750 square feet, the Planning Board recommended last week, calling it a fair and uncomplicated way to regulate the maximum size of accessory dwelling units.
The board’s final review of the proposed changes to the land use ordinance, drafted in response to a new state law requiring towns to allow two accessory dwellings on any owner-occupied lot, will now go to an attorney for final wording. A public hearing on the revisions will be held before the measure goes to the Town Council for approval.
The accessory units still have to meet setback requirements, be fully serviced with water and sewer, and meet all building codes except parking requirements.
The law, LD2003, sets the minimum size of an accessory unit at 190 square feet, the size of a compact studio apartment and smaller than a typical 225-square-foot tiny house, but gave towns license to set a maximum size.
In an animated discussion on Aug. 16, the Planning Board considered whether the limit should be a percentage of the size of the existing home, a set square footage, or a mix of the two, before deciding on the set figure of 750 square feet.
Board members reflected on the intent of the law – to create additional housing and to increase density – as they hashed out different size scenarios for nearly an hour, and tried to envision what a house lot, or South Berwick as a whole, would look like with the different choices.
During the discussion, the board considered a resident’s request for equitable opportunities for property owners. Brett Cropp, in an email, said allowing accessory dwellings to be 30% of the size of the existing home, an element of the first draft of the ordinance, benefits homeowners with larger houses. The owner of a 2,000-square-foot house would be entitled to build two units of 600 square feet each, under that calculation.
“As an owner of a home of 1,400 square feet, if I wanted to create an in-law apartment, I would be limited to 466 square feet (23ft x 20ft),” he wrote. “I would challenge the Planning Board to consider what is an appropriate size for a living space, and further living spaces for a variety of scenarios (small families, seniors, people with disabilities, et al.).
“Allowing for appropriately sized ADUs could increase the supply of housing for couples or small families – who will spend money in our town and may eventually want to settle in our town,” Cropp stated. “As a recent renter, I can attest to how difficult it is to find affordable rentals that can accommodate small children and pets. We can help alleviate the burden by adjusting the ADU size restrictions.”
Also at the meeting, the board defined a new “affordable housing” category in the land use table, a list of 77 possible activities that take place on properties in town, to be specific to LD2003 so as not to discourage affordable housing town wide.
The Planning Board has been working on amendments to the local ordinance since May, soon after the Maine Legislature passed the law requiring cities and towns to follow state guidance on multi-family affordable housing, accessory dwellings, and denser development in designated areas of town.
In related Planning Board business, a workshop was tentatively scheduled for its Sept. 6 meeting to discuss updating the Home Occupation ordinance. A list of all the businesses in town, newly compiled by the Code Enforcement Office, will be used to guide the session.
Read a previous article on LD2003 and its local impact: https://southberwickreporter.org/2023/05/25/state-mandates-broader-housing-options-in-town/
