Special Permit for Larger ADUs
Needs ReviewNew Bedford, Bristol County
Process & AdministrationWhat This Means for Your Project
This provision is in a gray area — it may be within the town's authority, but could add time or uncertainty to your ADU project depending on how New Bedford interprets it.
State Law
MGL c.40A §3 — ADUs meeting state requirements (up to 900 sq ft) must be allowed by right. Towns may create additional permitting tiers for ADUs exceeding the state minimum.
Local Bylaw
New Bedford allows ADUs up to 900 sq ft by right but requires a special permit for ADUs between 900 and 1,200 sq ft.
Impact on Your Project
The special permit tier for 900-1,200 sq ft is likely permissible since it exceeds the state-guaranteed by-right minimum. However, the discretionary approval process for the larger tier could be challenged if applied to restrict overall ADU development.
Sources
How Other Towns Handle Process & Administration
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