The state law calls for 20,000 square feet. The Barrington Planning Board recommended 10,000. 

But the Barrington Town Council voted unanimously to approve a zoning ordinance amendment that removed any lot size requirement for constructing an ADU on residential property in Barrington. 

During a meeting in late July, council members voted 5-0 in favor of a zoning law change focused on accessory dwelling units — the new ordinance allows owners of any size lots in town to build an additional housing unit on their property as long as it does not violate setback, height and other restrictions. 

The push to increase accessory dwelling units in Rhode Island is tied to a package of housing bills that was earlier approved by the Rhode Island General Assembly. The legislation was passed to town officials who are tasked with updating local zoning ordinances that are impacted by the bills. 

During a previous council meeting, assistant town solicitor Amy Goins said the 20,000-square foot requirement was written into the state law. Goins recommended the council send the amendment to the planning board for an opinion on whether to eliminate the 20,000-square foot requirement. 

Recently, the planning board returned with a recommendation to drop the lot size requirement to 10,000-square feet. At the July 28 meeting, Barrington Town Council member Kate Berard said she did not agree with the planning board’s recommendation and wanted no lot size limit attached to the ordinance amendment. 

Berard said there are already restrictions in place; she believes smaller house lots would not be able to host an ADU because of setbacks and other requirements. 

“This is not like a blank check to do whatever you want to do on your property,” Berard said.

The Barrington Planning Board also recommended that the zoning ordinance change include a one-year sunset provision, which would require the town council revisit the law change’s impact on Barrington. Berard initially opposed the sunset provision. Fellow Councilor Liana Cassar said it would take more than a year to learn how effective the ADU zoning ordinance amendment is. She also said the change was an opportunity to address housing accessibility in a new way. Councilor Jordan Jancosek said the Barrington Senior Services Advisory Board agrees with the ordinance change. 

Pathways

During a previous council meeting, the assistant solicitor said there were already three “pathways” for someone to add an ADU to their property, only one of which included the lot size requirement — the first pathway is to accommodate a family member who has a disability; the second is building it within the existing footprint of the primary structure (or existing accessory structure) on the property; and the third (prior to the recent council vote) was constructing an ADU on a lot that is at least 20,000-square feet. Officials said that prior to the ordinance change, residents with house lots less than 20,000-square feet could apply for a variance to the zoning laws.

Public push-back

Two Barrington residents spoke out against the zoning ordinance change during the July 28 meeting. Janine Wolf said the change was a gigantic opportunity for undesirable results for Barrington. Wolf said people would look to buy properties with ADUs and get two rental incomes for the price of one. She said Barrington schoolchildren would find themselves surrounded by renters who are “just filling beds.” Wolf said the ordinance amendment does not do enough to protect homeowners in Barrington. 

Charles Brown said he brought up his concerns at a previous meeting. He asked for assurances on how the properties would be assessed for tax purposes — would and ADU be treated as an accessory unit like a shed, or as a separate dwelling. 

“We’re going to have two-bedroom houses popping up in everyone’s yard,” Brown said, adding that Barrington already has issues with traffic and density.

Brown questioned how Barrington would enforce illegal use of ADUs as short-term rentals — the law does not allow ADUs to be used as short-term rentals. 

How is the town going to enforce that? What enforcement capability does the town have? Brown asked.

He posed questions about sewer hook-ups, utility hook-ups, and said it was not a wise decision to go with no restriction on lot size. 

A short time later, Berard said she did not harbor the same concerns or fears as Brown, but was sensitive to his message. She said she stood firm on the elimination of a lot size requirement. She changed her stance on the sunset provision, calling for a review of the amendment in 18 months. 

Berard said her own home had once featured an ADU, although it had since been reverted to a single-family structure. She said a previous owner had to “jump through hoops” to build the ADU, but the new law change will make it easier, more accessible for residents.

Berard made a motion to approve the ordinance change without a lot size restriction and with a sunset provision for 18 months. Cassar seconded the motion, which passed 5-0.