[Massplanners] ADU owner occupancy enforcement?

[Holly Backus]

Hi Alyssa,

Nantucket allows tertiary units as follows: https://ecode360.com/11471477
“The tertiary dwelling shall be in the same ownership as at least one other owner-occupied dwelling unit on the lot, or shall be owned by a not-for-profit, religious, or educational entity, or shall be subject to a restriction limiting occupancy to a year-round household.“

Hope this helps,

Holly E. Backus
Preservation Planner**
Local CLG Coordinator
Local Hazard Mitigation Plan Coordinator
Town of Nantucket
hbackus at nantucket-ma.gov<mailto:hbackus at nantucket-ma.gov>
Check out our Community Resilience Planning @ www.resilientack.org<http://www.resilientack.org/>
**Staff liaison to the Nantucket Historic District Commission (HDC) & Nantucket Historical Commission (NHC)**

Sent from my iPad.

On Sep 27, 2021, at 9:33 AM, Alyssa Larose via MassPlanners <massplanners at masscptc.org> wrote:


All,

I’m working with a rural community on revising their ADU regulations to allow for ADUs that are attached/within a SF home by right, and detached ADUs by Special Permit. The community is requiring owner occupancy of either the principal or accessory dwelling.

My question – how do communities enforce the owner-occupancy requirement, both at initial permitting of an ADU (either a building permit – for attached/within, or a Special Permit for detached), and when the property turns over? We do not want to require a new owner to apply for a new Special Permit (in the case of a detached ADU), but need some mechanism that ensures the new owner is aware of the occupancy requirements, and which can be enforced if necessary.

Any guidance is much appreciated!

Thank you,
Alyssa

Alyssa Larose
Senior Land Use & Housing Planner
Franklin Regional Council of Governments
12 Olive Street, Suite 2
Greenfield, MA 01301
413-774-3167 x127
alarose at frcog.org<mailto:alarose at frcog.org>
www.frcog.org<http://www.frcog.org>


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