Yarmouth board weighs state ADU rules and local carve-outs, including minimum size and conversion process

Board members reviewed proposed edits to bring Yarmouth’s ADU rules into alignment with recent state regulations (760 CMR 71), and considered which local provisions can remain. Kathy Williams said the draft follows the state’s protected-use approach and flagged sections for attention, including definitions and what can be required for conversions of preexisting nonconforming structures.

The board debated a previously voter-approved minimum ADU size of 350 square feet and whether the town can retain that limit given the state regime (which allows up to 50% of the principal dwelling or up to 900 sq ft). “We had talked about… accessory apartments shall not be less than 350 square feet,” Williams said, and members agreed to explore a caveat that preserves the town minimum while accommodating smaller protected-use ADUs when state law requires it.

Counsel and members discussed the practical replacement for special permits when the AG/regulations limit them. Talerman explained that conversions of detached nonconforming structures can be handled through a Section 6 'finding' under chapter 48 that functions similarly to a special permit but requires a simple majority rather than a supermajority. “We can require a finding per chapter 48 section 6,” Talerman said, describing the mechanics of that approach. The board directed staff to refine language that balances state mandates and local voter intent, and to identify where the town can retain prior limits without risking AG excision.