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

[Harry LaCortiglia]

It's enormously disappointing for communities that have worked so hard 
to achieve that greater than 10% level to know it will soon be eroded 
away with every additional ADU.

Then cometh the 40B's...

Enjoy the shoveling!

H. LaCortiglia
Georgetown P.B.


On 2/14/2025 8:30 AM, Ryan, Christopher wrote:
>
> 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>
>     <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
>     *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
>
>         *As a reminder, please do not reply all to this email. If you
>         have any questions or comments, email me directly. *
>
>         **
>
>         *Please be advised that the Secretary of State has determined
>         that e-mail sent by or received by municipal employees is a
>         public record.*
>
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20250215/c4681d86/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 906 bytes
Desc: not available
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20250215/c4681d86/attachment.gif>