[Massplanners] [EXTERNAL]Re: ADU Units

[Edgartown Planning Board]

Hrm,

(a) The 'by right' option to place an ADU extinguished if a dwelling on the
lot - i.e., one of the condos - is less than 900 sq. ft.  Yes?
(b) the parcel of land under the condos would not be a “single family
lot”.

- Doug, Edgartown.


On Fri, Feb 14, 2025 at 7:19 AM Harry LaCortiglia via MassPlanners <
massplanners at masscptc.org> wrote:

> 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>
> <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
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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:
>
> 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
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