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

Fri Feb 14 13:16:25 EST 2025

Agreed,  Wayne.  If you put yourself in the shoes of a homeowner
considering an ADU on their property (I have had those shoes on myself) )
there is very little incentive to bother with making it eligible for the
SHI, which would involve an AFHMP, lottery, and ongoing monitoring and
compliance at my expense. It would be great if municipalities could support
folks willing to restrict their ADUs as affordable by, say, providing
support for ongoing monitoring, recertification, etc.

But another option (controversial, I know) is to not worry so much about
whether it counts on the SHI, and be happy that you are creating more
housing diversity in your community, and maybe even creating some of that
elusive "naturally occurring" affordable housing. The best way to slow down
40B developments is to have zoning and other regulatory structures in place
to allow for at least some development that is feasible for developers.

Please be kind in your responses! The world is already an ugly place right
now. Have a great weekend all!

On Fri, Feb 14, 2025 at 11:00 AM Wayne Feiden via MassPlanners <
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> 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
>>
>> Office Hours- Monday through Thursday 9am to 6pm
>>
>> Closed Fridays
>>
>>
>>
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