Proposals would change rules for accessory dwelling units in Mason

Mason Town Offices. —STAFF PHOTO BY BILL FONDA
Published: 02-03-2025 12:02 PM |
A proposed zoning change in Mason would allow detached accessory dwelling units in any district by right, rather than requiring a special exception process.
Multiple changes are being proposed to the town’s existing accessory dwelling unit ordinance, which currently allows ADUs attached to the interior of the principal dwelling unit, with a independent cooking, living, sanitary and sleeping quarters. The updated ordinance would allow ADUs to be “attached, interior to or detached from the principal dwelling unit.” In a separate section of the ordinance, which outlines the kinds of ADUs allowed, “detached from the principal dwelling” is added to the existing language.
The amendment would eliminate language that required ADUs to be constructed by individual landowners, rather than part of a development.
Also proposed to be added is new language around the size of the unit allowed. Currently, ADUs must be a minimum of 350 square feet for a one-bedroom and 500 square feet for a two-bedroom, with a maximum square footage of 1,000 square feet. The amendment would cap the amount of allowed bedrooms at two. It also would add language specific to the allowed size for detached ADUs, which would still be capped at 1,000 square feet, but could also be no more than 60% of the above-ground living space of the principal home. If the unit is lower than 1,000 square feet, the lower number applies.
The amendment would clarify that “interior and attached” ADUs must have one interior direct access between the ADU and main home – currently all must. It would also add language that access to detached ADUs shall comply with state building codes.
Currently, the process for receiving approval for an accessory dwelling unit is to receive a special exception, which must be obtained before a building permit can be approved. The property owner must receive a license to rent, which requires inspection of the unit by the fire chief, and must be renewed every three years or fines can be imposed for every day the unit is occupied without a license. To discontinue the rental of the space, the owner must contact the Select Board.
The amendment would do away with that process, replacing it with allowing ADUs by right in any single-family dwelling in any zoning district. The building inspector would issue building permits provided the owner submitted a complete plan set, meeting state and municipal codes. The unit must still be inspected by the town building inspector, fire chief or official determined by the Select Board before an occupancy permit is issued, and a water supply and septic system is required.
The amendment would also add language requiring that the owner of the property reside in either the ADU or the main home. If the owner of record ceases to reside on the property, fines can be levied at $50 per day, starting two weeks after the owner is no longer a resident and continuing until an owner resides on the property or the accessory dwelling unit is no longer rented.
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Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertranscript.com. She’s on X @AshleySaariMLT.