[Massplanners] [EXTERNAL]Re: [EXTERNAL]Re: ADU Units

[Ryan, Christopher]

Great points and I am sure these situations may arise. I was also floored by the fact that these units count in an overall local housing inventory. That’s sure to create a firestorm in any community short of 10% but actively sweating it out to faithfully add affordable units.

Have a good weekend!

Chris R.

From: Harry LaCortiglia <hlacortiglia at comcast.net>
Sent: Friday, February 14, 2025 7:18 AM
To: Ryan, Christopher <cryan at belmont-ma.gov>
Cc: 'Mass Planners' <massplanners at masscptc.org>
Subject: [EXTERNAL]Re: [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.


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><mailto: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<mailto:massplanners at masscptc.org>
Subject: [EXTERNAL]Re: [Massplanners] ADU Units

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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:
[cid:image001.gif at 01DB7EBA.ABEE4E60]
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
Office Hours- Monday through Thursday 9am to 6pm
Closed Fridays

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