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

Fri Feb 14 11:47:06 EST 2025

Sarah:

Don’t hold your breath about the next HLC webinar. I try not to be a negative persona on this list serve, but the development of the EOHLC ADU regulations (5 pages of regulations stemming from two statutory paragraphs) has been problematic. 

During the development of the regulations EOHLC held several webinars that I attended. They presented what they wanted to present, answered a few hand-picked questions from the chat, then ended the webinar. At no time did I see them answer live questions from the audience or react to comments; nor did they answer the questions I emailed to them. This business of having listening-only sessions doesn’t cut it. Like many of us who have been before town meetings explaining our work and engaging with the public, that agency never put itself in a position where it had to defend its work in real time.

Now, of course, EOHLC can answer every question with “Well, that’s what it says in the regulations.”

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 Sarah Raposa via MassPlanners
Sent: Friday, February 14, 2025 11:18 AM
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] [EXTERNAL]Re: [EXTERNAL]Re: ADU Units

Mansfield updated our ADU bylaw at STM and likely put in elements that don't jive with the final regs. Hoping it won't be too much of a disaster for us. 

Our building inspector came back from the SEMBOA (Southeastern Massachusetts Building Officials Association) meeting yesterday with lots of questions and comments after their presentation on ADUs. 

Looking forward to the next HLC webinar! 

Sarah L. Raposa, AICP (she/her/hers)

Director of Planning & Development 

Mansfield, MA

sraposa at mansfieldma.com <mailto:sraposa at mansfieldma.com>  | 508.851.6457  

On Fri, Feb 14, 2025 at 11:00 AM Wayne Feiden via MassPlanners <massplanners at masscptc.org <mailto:massplanners at masscptc.org> > wrote:

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 <mailto: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 <mailto:ruralplanningassociates at crocker.com> 

(413) 230-9693

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

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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  <mailto: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 <mailto: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

Office Hours- Monday through Thursday 9am to 6pm

Closed Fridays

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