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

[Wayne Feiden]

Of course, towns can add other incentives (greater bonus densities,
financial support, etc.) if the units are designed to be affordable under
the Local Initiative Program.

*Wayne Feiden FAICP*


On Fri, Feb 14, 2025 at 10:56 AM ruralplanningassociates--- via
MassPlanners <massplanners at masscptc.org> wrote:

> Chris:
>
>
>
> Exactly! The new EOHLC regulations are a double whammy for towns. Not
> including small ADUs as affordable (or even as half an affordable unit),
> does nothing for the numerator in the SHI 10% calculation; while counting
> these little units as full market-rate dwellings bumps up the denominator.
> End result is towns that add desired ADUs only fall farther behind in
> attempting to reach their affordable housing goals.
>
>
>
> Jeff Lacy
>
> Rural Planning Associates
>
> 896 Graves Road
>
> Conway, MA 01341
>
> ruralplanningassociates at crocker.com
>
> (413) 230-9693
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Ryan,
> Christopher via MassPlanners
> *Sent:* Friday, February 14, 2025 8:30 AM
> *To:* Harry LaCortiglia <hlacortiglia at comcast.net>
> *Cc:* 'Mass Planners' <massplanners at masscptc.org>
> *Subject:* Re: [Massplanners] [EXTERNAL]Re: [EXTERNAL]Re: ADU Units
>
>
>
> 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>
> <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 ProtectedUse ADUs that may be permitted, constructed, or leased
> within a Municipality or ZoningDistrict. 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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>
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