Pleasant St. ADU Addition OK'd; Neighbor Questions State Law's Impact

Key Points

  • ZBA grants special permit for a dormer and closet addition to an ADU at 20 Pleasant Street.
  • A neighboring resident raises concerns about the structure's 18-inch proximity to his property line and the broader impacts of the state ADU law.
  • The board's decision hinged on whether the addition was "substantially more detrimental" to the neighborhood than the existing non-conforming structure.
  • Applicant Chris Ford assured the board and his neighbor that the property would remain a family-owned asset.
  • The board identified a need for legal clarification from Town Counsel regarding state versus local regulations for large ADUs over 900 sq. ft.

The Zoning Board of Appeals granted a special permit for an addition to an Accessory Dwelling Unit (ADU) at 20 Pleasant Street, but not before a thoughtful debate on the project's proximity to a neighbor and the broader implications of the state's new ADU legislation. With two permanent members absent, associate members Lee Darcy and Leah Fernandez stepped up to form a quorum, with Fernandez agreeing, "Uh, sure," when asked to serve as a voting member for the evening's proceedings.

The applicant, Chris Ford, sought a special permit to add a dormer and a small "bump out closet" to an existing structure being converted into an ADU. "The purpose of the meeting is that we wish to add a dormer and a call it a bump out closet on the rear of the building and that requires the special permit," Ford explained. While the ADU itself is now allowed "by right" under state law, the additions required ZBA approval because they increase a pre-existing nonconformity, as the structure already sits within the property line setback. Board Chair David McMorris clarified the board's role: "The standard is we have to weigh and determine whether or not that increase in the nonconformity is substantially more detrimental to the neighborhood than the existing state of affairs."

Neighbor John Short of 30 Pleasant Street voiced concerns, noting the structure is only about 18 inches from his property line. While his concerns were not with Ford personally, he questioned the statewide law that allows for such situations. "My concern is we have companies like Blackstone who are investing or who are buying up 23% of real estate and this gives institutional capital an unfair advantage," Short stated, adding, "I think 18 inches is unprecedented in terms of allowing someone to to live that close to the property line." McMorris acknowledged the validity of his concerns, noting the law can be "counterintuitive," and advised him, "I think you're approaching it in the right way. Your elected representatives are the ones that make the law and can amend it." Ford reassured his neighbor directly, stating, "I want to assure him that this property is not going to change hands. Blackstone isn't going to buy it... I'm leaving it to my six grandchildren with instructions never to sell it."

After discussion, the board moved to close the public hearing.
Motion Made by an unidentified board member to close the hearing on 20 Pleasant Street. Motion Passed 3-0.
During deliberations, the board found the draft decision complete.
Motion Made by Lee Darcy to approve the decision as drafted with amendments. Motion Passed 3-0.
The board later discussed its upcoming agenda, which includes a "large ADU" application. The conversation revealed uncertainty about how the town's bylaw interacts with state regulations on owner-occupancy for larger ADUs, prompting the board to seek input from Town Counsel at its next meeting.