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

Fri Feb 14 15:48:29 EST 2025

Katy,

Totally agree with you. Too much discussion of how this affects our Chapter 40B target. Think about it this way, C40B says 10% of your housing needs to be affordable to meet the needs of 40% of your population (80% of median income). Achieving this target after nearly 50 years is hardly worth patting your back over. Many (most?) communities have more than 40% of their residents exceeding 30% of their income for housing. Let's be real about this as planners, without a massive increase in housing construction, we are not meeting the true needs of our communities.

Being retired now I watch from afar. I see opposition to simple things, converting a closed nursing home into beds/how to manage finances classes/daycare to support job searches space for homeless families; converting vacant motels to SRO housing (even though the rooms are otherwise being used for emergency housing without meeting current fire code; converting vacant retail/office space to rentals and so on.

I would like to see the SRO units created during my tenure, with special permit deed restrictions for affordability, added to the SHI, but understand that at roughly 240 sf, they don't meet the rules. Yes, they count as year-round housing, but, I don't lose sleep over the need for 6 more units to offset the 60 created meeting a real need on Cape Cod.

So, hopefully, planners on the listserve will stop worrying whether they will need one or two more SHI units due to getting a handful of ADUs in their town. Just imagine where you would be if those market rate units in your 40B rental project didn't artificially inflate your number of units supposedly available to that 40% of the population.

Keep up the hard work Katy! Everyone pushing to increase affordable housing are working for a better society, whether on the SHI or not.

Daniel Fortier, AICP
Retired Planner

Get Outlook for Android<https://aka.ms/AAb9ysg>
________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Katharine Lacy via MassPlanners <massplanners at masscptc.org>
Sent: Friday, February 14, 2025 12:16:25 PM
To: Wayne Feiden <wayne at feiden.org>
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] [EXTERNAL]Re: [EXTERNAL]Re: ADU Units

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<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 <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:ii_195052e33094cdccc1]

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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