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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Land Use Committee Meeting on Protected ADU Zoning Amendments - October 31, 2026

Meeting Portal — Saturday, October 31, 2026

BodySomerville, Massachusetts

SessionMeeting Portal

DateSaturday, October 31, 2026

StatusNEW · FILED

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Speaker numbers apply only to this recording.

Speaker 1

0:03

Good evening.

0:04

I call this meeting of the land use committee to order pursuant to chapter two of the acts of 2025.

0:10

This meeting is being conducted via remote participation, and we will post an audio video recording and comprehensive record of these proceedings as soon as possible after the meeting on the City of Somerville's website and local cable access government channels.

0:24

Clerk, will you please call the roll?

Unassigned speaker

0:26

This

Speaker 2

0:26

is roll call, Councilor Davis.

Speaker 1

0:28

Here.

Speaker 2

0:29

Counselor Klingon?

Speaker 3

0:30

Present.

Speaker 2

0:31

Councillor Said.

0:33

Here.

0:34

Councilor McLaughlin.

0:36

Councilor Ewan Campin.

Speaker 1

0:38

Here.

Unassigned speaker

0:39

With

Speaker 2

0:39

all counselors present, we have quorum.

Speaker 1

0:42

Excellent.

0:42

Our first two items on the agenda are approval of the minutes.

0:47

So this is 26 15 17 and 26-157.

0:53

Seeing no discussion, I'll place those on the table for approval for a vote at the end of the meeting, along with adjournment.

1:02

So colleagues, we have one substantive item to discuss tonight.

1:05

And before we get to that, just do a little bit of um of housekeeping.

1:09

So we had two very related items come in related to uh ground floor entrances.

1:17

This relates to number four on tonight's agenda.

1:19

Um the mayor's office put one in, counselor link put one in.

1:22

Um they're very related.

1:23

We amended the mayor's version to include the content of counselor links.

1:27

So he has asked for that item to be withdrawn, and we'll we'll move forward with with the other item at the will of the committee.

1:32

So item four on the agenda is uh has been withdrawn.

Unassigned speaker

1:36

And

Speaker 1

1:36

that brings us to number three on the agenda.

1:39

Um this is item 26, 1336, requesting ordainment to uh a number of sections of the Somerville zoning ordinance to align with state law regarding protected accessory dwelling units.

1:52

So, colleagues, we had an in-depth discussion about this at our last land use meeting, and I've worked with our uh land use policy analyst Samantha Carr to come up with a proposed amendment that I'd like to introduce to the committee tonight for our discussion.

2:07

Um it has been attached to the um meeting.

2:13

Um, and uh I think the clerk is in the process of bringing it

Unassigned speaker

2:16

up.

Speaker 1

2:19

Thank you very much.

2:20

Um, so if you would please go to page eight.

2:30

Yes.

2:31

So you can see in uh largely in blue here.

2:36

Um so what this amendment would do, and again, we're we're here talking about this is overall an amendment proposed by um uh mayor Wilson um to bring our our zoning for backyard cottages, which are uh also known as accessory dwelling units, in this case protect protected accessory dwelling units, um, to bring it into compliance with a relatively recent state law.

3:00

Um the the initial proposal uh

Speaker 4

3:04

Mr.

3:04

Chair, put it put a privilege if I may.

3:06

Please, Counselor Davis.

3:08

Um just two points really first.

3:09

Just the so where where is this supposed to be available for people?

Unassigned speaker

3:14

Other

Speaker 4

3:14

than

Speaker 1

3:15

if you go

Unassigned speaker

3:16

thank

Speaker 1

3:16

you, Counselor Davis.

Unassigned speaker

3:17

If you go to uh the agenda for tonight's meeting, um, at the top there's a thing that says attachments, and this document is called land use 2026 10 29 PADU compliance amendment with 26, 13, 36.

Speaker 4

3:33

If anyone at home isn't seeing

Unassigned speaker

3:34

it,

Speaker 4

3:35

refresh your screen, and hopefully, like mine, it will it will then pop up because it wasn't there five minutes ago.

3:42

Um, thank you.

3:43

And then if I could just also ask the clerk to to make that screen a little bigger so that folks um who are only watching home can see the change.

3:52

Thank

Unassigned speaker

3:52

you.

Discussion Breakdown — Share of Meeting

Zoning Regulations█████████████████████████████████████████████53%

Procedural████████████████19%

Accessory Dwelling Units████████████████19%

Public Safety█████6%

Garages███3%

Summary of Proceedings

Land Use Committee Meeting: Protected ADU Zoning Amendments - October 31, 2026

The Somerville Land Use Committee convened on October 31, 2026, at 4:15 PM to discuss a proposed amendment to the city's zoning ordinance regarding Protected Accessory Dwelling Units (ADUs), also known as backyard cottages. The primary aim was to align local regulations with state law while addressing concerns about the scale of newly constructed units. The meeting included an in-depth review of the proposed zoning text amendment and resulted in a unanimous committee recommendation to advance the item.

Opening & Housekeeping

Roll Call: All councilors were present (Councilors Davis, Klingon, Said, McLaughlin, and Ewan Campin), establishing a quorum. The meeting was conducted via remote participation.
Items Withdrawn: Councilor Link's related item on ground floor entrances (Item 4) was withdrawn, with its content folded into the primary item (Item 26-1336) before the committee.
Minutes: Approval of minutes from previous meetings (items 26-15-17 and 26-157) was tabled for a vote at the end of the meeting.
Public Comment Period: The public hearing for this item was opened previously; the comment period remains open until noon the following day (November 1, 2026).

Discussion Items

Amendment Overview: The proposed amendment (document "Land Use 2026 10 29 PADU compliance amendment") aimed to bring Somerville's zoning for ADUs into compliance with a recent state law. Key changes included setting a maximum gross floor area and limiting the number of stories.
Maximum Gross Floor Area: The amendment proposed a maximum total gross floor area of 1,152 square feet. This figure was derived from the previous allowance of two floors at 576 square feet each (representing a 24 ft by 24 ft footprint). This significantly reduces the potential square footage compared to what developers could build under previous interpretations.
Maximum Stories and State Law Conflict: The amendment set a maximum of 1.5 stories for an ADU. This directly conflicted with state guidance, which requires the number of stories to match the principal building on the lot (e.g., allowing a three-story ADU if the main house is a triple-decker).
- The Chair argued that providing a more permissive square footage allowance (1,152 sq ft vs. the state's baseline of 900 sq ft) allows the city to enforce its own dimensional standards like the 1.5 story limit.
- Director Dan Bartman stated this approach relies on a legal interpretation. The state has no direct enforcement mechanism, but a developer could challenge the local regulation. If a developer opts to use the state's baseline 900 square foot allowance, they could likely claim the right to match the principal building's full height.
- The committee generally favored the Chair's argument, believing the increased square footage is a sufficient incentive for developers to accept the 1.5 story limit.
Basement Regulation and Enforcement: The amendment included language stating that basements (finished or unfinished) count toward the total gross floor area calculation, based on state guidance from the Executive Office of Housing and Livable Communities (EOHLC).
- Councilor Davis raised concerns about a potential loophole where a developer builds a basement just under the ceiling height threshold (6 ft 8 in) and just under the grade threshold for counting as a story (5 ft in zoning, 6 ft in the updated building code), then finishes it illegally later.
- Analyst Samantha Carr explained that enforcement for illegal finishing relies on building permits and public reporting. Director Bartman noted that adjusting the grade threshold would be a larger policy decision affecting all structures.
Garages and Ancillary Spaces:
- Councilor Klingon inquired whether a garage could be built as part of the ADU structure.
- Analyst Carr stated that garages, crawl spaces, and attics are explicitly excluded from gross floor area calculations per state CMR guidelines and would be treated as accessory structures. This could allow a developer to build a garage with living space above, potentially reaching the height of a three-story principal building.
Floor Plate Flexibility: The committee discussed whether to retain a specific maximum floor plate per story (576 sq ft) or just regulate total gross floor area. Councilors and staff leaned towards regulating only the total GFA to allow for more design flexibility (e.g., a larger first floor and a smaller second floor).

Key Outcomes

Amendment Adopted: The committee unanimously voted to replace the original item language with the proposed amendment attachment, creating the new working version of the item.
Recommendation of Approval: The committee voted unanimously (5-0) to recommend approval of the item as amended.
- Voting Yes: Councilors Davis, Klingon, Said, McLaughlin, and Ewan Campin.
Next Steps: The recommendation will be forwarded to the full City Council. No final action can be taken until the committee receives and considers a recommendation from the Planning Board.
Adjournment: After unanimously approving the previously tabled minutes, the meeting was adjourned.

Meeting Transcript

Good evening. I call this meeting of the land use committee to order pursuant to chapter two of the acts of 2025. This meeting is being conducted via remote participation, and we will post an audio video recording and comprehensive record of these proceedings as soon as possible after the meeting on the City of Somerville's website and local cable access government channels. Clerk, will you please call the roll? This is roll call, Councilor Davis. Here. Counselor Klingon? Present. Councillor Said. Here. Councilor McLaughlin. Councilor Ewan Campin. Here. With all counselors present, we have quorum. Excellent. Our first two items on the agenda are approval of the minutes. So this is 26 15 17 and 26-157. Seeing no discussion, I'll place those on the table for approval for a vote at the end of the meeting, along with adjournment. So colleagues, we have one substantive item to discuss tonight. And before we get to that, just do a little bit of um of housekeeping. So we had two very related items come in related to uh ground floor entrances. This relates to number four on tonight's agenda. Um the mayor's office put one in, counselor link put one in. Um they're very related. We amended the mayor's version to include the content of counselor links. So he has asked for that item to be withdrawn, and we'll we'll move forward with with the other item at the will of the committee. So item four on the agenda is uh has been withdrawn. And that brings us to number three on the agenda. Um this is item 26, 1336, requesting ordainment to uh a number of sections of the Somerville zoning ordinance to align with state law regarding protected accessory dwelling units. So, colleagues, we had an in-depth discussion about this at our last land use meeting, and I've worked with our uh land use policy analyst Samantha Carr to come up with a proposed amendment that I'd like to introduce to the committee tonight for our discussion. Um it has been attached to the um meeting. Um, and uh I think the clerk is in the process of bringing it up. Thank you very much. Um, so if you would please go to page eight. Yes. So you can see in uh largely in blue here. Um so what this amendment would do, and again, we're we're here talking about this is overall an amendment proposed by um uh mayor Wilson um to bring our our zoning for backyard cottages, which are uh also known as accessory dwelling units, in this case protect protected accessory dwelling units, um, to bring it into compliance with a relatively recent state law. Um the the initial proposal uh Mr. Chair, put it put a privilege if I may. Please, Counselor Davis. Um just two points really first. Just the so where where is this supposed to be available for people? Other than if you go

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Land Use Committee Meeting: Protected ADU Zoning Amendments - October 31, 2026

Opening & Housekeeping

Roll Call: All councilors were present (Councilors Davis, Klingon, Said, McLaughlin, and Ewan Campin), establishing a quorum. The meeting was conducted via remote participation.

Items Withdrawn: Councilor Link's related item on ground floor entrances (Item 4) was withdrawn, with its content folded into the primary item (Item 26-1336) before the committee.

Minutes: Approval of minutes from previous meetings (items 26-15-17 and 26-157) was tabled for a vote at the end of the meeting.

Public Comment Period: The public hearing for this item was opened previously; the comment period remains open until noon the following day (November 1, 2026).

Discussion Items

Amendment Overview: The proposed amendment (document "Land Use 2026 10 29 PADU compliance amendment") aimed to bring Somerville's zoning for ADUs into compliance with a recent state law. Key changes included setting a maximum gross floor area and limiting the number of stories.

Maximum Gross Floor Area: The amendment proposed a maximum total gross floor area of 1,152 square feet. This figure was derived from the previous allowance of two floors at 576 square feet each (representing a 24 ft by 24 ft footprint). This significantly reduces the potential square footage compared to what developers could build under previous interpretations.

Maximum Stories and State Law Conflict: The amendment set a maximum of 1.5 stories for an ADU. This directly conflicted with state guidance, which requires the number of stories to match the principal building on the lot (e.g., allowing a three-story ADU if the main house is a triple-decker).

The Chair argued that providing a more permissive square footage allowance (1,152 sq ft vs. the state's baseline of 900 sq ft) allows the city to enforce its own dimensional standards like the 1.5 story limit.
Director Dan Bartman stated this approach relies on a legal interpretation. The state has no direct enforcement mechanism, but a developer could challenge the local regulation. If a developer opts to use the state's baseline 900 square foot allowance, they could likely claim the right to match the principal building's full height.
The committee generally favored the Chair's argument, believing the increased square footage is a sufficient incentive for developers to accept the 1.5 story limit.

Basement Regulation and Enforcement: The amendment included language stating that basements (finished or unfinished) count toward the total gross floor area calculation, based on state guidance from the Executive Office of Housing and Livable Communities (EOHLC).

Councilor Davis raised concerns about a potential loophole where a developer builds a basement just under the ceiling height threshold (6 ft 8 in) and just under the grade threshold for counting as a story (5 ft in zoning, 6 ft in the updated building code), then finishes it illegally later.
Analyst Samantha Carr explained that enforcement for illegal finishing relies on building permits and public reporting. Director Bartman noted that adjusting the grade threshold would be a larger policy decision affecting all structures.

Garages and Ancillary Spaces:

Councilor Klingon inquired whether a garage could be built as part of the ADU structure.
Analyst Carr stated that garages, crawl spaces, and attics are explicitly excluded from gross floor area calculations per state CMR guidelines and would be treated as accessory structures. This could allow a developer to build a garage with living space above, potentially reaching the height of a three-story principal building.

Floor Plate Flexibility: The committee discussed whether to retain a specific maximum floor plate per story (576 sq ft) or just regulate total gross floor area. Councilors and staff leaned towards regulating only the total GFA to allow for more design flexibility (e.g., a larger first floor and a smaller second floor).

Key Outcomes

Amendment Adopted: The committee unanimously voted to replace the original item language with the proposed amendment attachment, creating the new working version of the item.

Recommendation of Approval: The committee voted unanimously (5-0) to recommend approval of the item as amended.

Voting Yes: Councilors Davis, Klingon, Said, McLaughlin, and Ewan Campin.

Next Steps: The recommendation will be forwarded to the full City Council. No final action can be taken until the committee receives and considers a recommendation from the Planning Board.

Adjournment: After unanimously approving the previously tabled minutes, the meeting was adjourned.

Meeting Transcript