[Massplanners] [EXTERNAL]Re: ADU Units

[Harry LaCortiglia]

Hi Ryan,

I hope the discussion can continue.

For instance... Which one of those 20 condos on that hypothetical single 
lot gets the ADU? The first one to apply?

Where on the lot it would be placed, if it were to be a detached unit, 
could make for some lively condo board meetings. (and litigation...)

Could a building permit be issued without the express written 
"permission" of the Association?

So many questions...

Happy Valentines Friday!

H. LaCortiglia
Georgetown


On 2/13/2025 8:40 AM, Ryan, Christopher wrote:
>
> Hi Harry
>
> Great last question. Our Counsel opined that only one Protected Use 
> ADU per legal lot can be established, so if the condo was on one lot 
> and had 20 units, only one ADU would be permitted. Of course, the 
> Condo R&Rs would need some level of specificity (likely lacking now) 
> that would facilitate how that could be done. They also deemed the 
> “primary dwelling” to be the largest of the buildings on the lot. I am 
> not sure of that rationale, but hopefully we keep this analysis and 
> discussion going.
>
> Best,
>
> Chris R.
>
> Town of Belmont
>
> *From:*MassPlanners <massplanners-bounces at masscptc.org> *On Behalf ,*
>
> *Of *Harry LaCortiglia via MassPlanners
> *Sent:* Thursday, February 13, 2025 8:24 AM
> *To:* massplanners at masscptc.org
> *Subject:* [EXTERNAL]Re: [Massplanners] ADU Units
>
> CAUTION:This email originated from outside of the organization. Do not 
> click links or open attachments unless you recognize the sender and 
> know the content is safe.
>
> Is it Friday already?
>
> There is a mention in the final regs (CMR 71.03 (2) (d)) under 
> /Prohibited Regulations,/ that Protected Use ADU's can't count in 
> density calculations.
>
> /(d) Unit Caps & Density. Any limit, quota or other restriction on the 
> number of Protected
> Use ADUs that may be permitted, constructed, or leased within a 
> Municipality or Zoning
> District. *Protected Use ADUs shall not be counted in any density 
> calculations.*/
>
> So, do ADU's only count when one is _not_ using the number for a 
> density calculation? ("Density Calculations" is not defined in 71.02...)
>
> Perhaps EOHLC will someday clarify... I'm still wondering if every 
> condo in a multi condo development can have their very own ADU.
>
> H. LaCortiglia
> Georgetown P.B.
>
> On 2/12/2025 3:30 PM, Richard McCarthy via MassPlanners wrote:
>
>     Good afternoon,
>
>     I believe an ADU will count towards our total dwelling unit count.
>     Is that correct?
>
>     Thanks.
>
>     Richard J. McCarthy, Jr.
>
>     Town Planner
>
>     1 Liberty Lane
>
>     Norfolk, MA 02056
>
>     508-440-2807
>
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