The meeting began with an overview of the recently signed Affordable Homes Act, which includes crucial changes impacting ADUs. Cynthia Kozakiewicz explained that the act’s Section 7 redefines ADUs and removes the ability of cities and towns to enforce owner-occupancy requirements. She stated, “I believe that we no longer can legally require the applicants to have a deed restriction restricting the ownership to one resident in the property.” Section 8 of the law, effective February 2025, allows the first ADU to be built by right, eliminating the need for special permits. However, subsequent ADUs would require zoning law changes for special permits. The board acknowledged the need for additional guidance to amend the bylaws before the next town meeting.

The first hearing of the evening focused on a special permit request from Timothy Glaspie and Julia Crap to convert part of an existing garage into a detached accessory apartment on Hillside Road. Len Parter, representing Westport Environmental Design, provided details on the project, highlighting the complications due to the property’s history and existing structures. The main challenge was updating the septic system to accommodate the additional bedroom. Parter noted that the only feasible solution was a bottomless sand filter with a denitrification unit. The Board of Health had approved the conceptual plan, but final approval was pending a meeting with the Conservation Commission.

Board members expressed concerns about the complexities of the regulatory framework and the historical context of the property. There were questions about the existing structures, particularly the small apartment and its septic system. Parter explained that mold issues during renovations revealed the undersized original septic system, necessitating the current special permit application. The project’s progress depended on upcoming approvals from other agencies, with a continuance requested and approved for the next meeting on September 25.

The conversation then transitioned to another hearing regarding a property on River Road. The applicant sought a special permit to construct a two-car garage with an accessory apartment above. Discussions centered around the septic system requirements, with the applicant’s representatives noting the need to adjust the bedroom count to maintain compliance. The existing septic system was sufficient for six bedrooms but required a new denitrification system due to new construction mandates. The board would not issue building permits until the Board of Health approved the septic plan, scheduled for submission the following day. A continuance was also approved for this application, with expectations of returning to the board on September 25 with all necessary approvals.

Throughout these discussions, participants expressed frustration over the lengthy process and numerous continuations. The new state laws set to take effect in February 2024, waiving certain deed restrictions related to ADUs, added another layer of complexity to the proceedings. The board emphasized the need for further discussions on zoning laws and their implications for the community.

In another discussion, the board tackled the interpretation of zoning definitions and regulations, particularly concerning square footage requirements. The previous definition allowed structures to have a maximum size of half the principal dwelling’s gross floor area, not exceeding 900 square feet. There was confusion about how square footage was calculated, specifically whether only heated living space should be included.

A notable point of contention involved the concept of “merger” for adjoining properties owned by the same individual. The board recognized the need for legal guidance to clarify these matters before amending the bylaw. An ethical concern was also raised regarding a potential conflict of interest involving a board member who had sold a truck to an individual frequently appearing before the board. The member sought advice from the ethics commission and expressed regret for inadvertently creating a conflict.

The meeting concluded with procedural elements, including the approval of previous minutes and a planning board request for a comment on a special permit for a common driveway at U Zero Main Road. The board decided to send it back with no comment.