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

Sat Feb 15 08:41:15 EST 2025

I'd like to add my perspective to the discussion.

While reaching 10% affordable housing is a milestone, we shouldn't consider
it a complete success. Everyone deserves affordable housing, not just those
who have benefited from the current system.

EOHLC's lack of responsiveness likely stems from frustration with the same
arguments against change. The state's gradual reduction of Home Rule, while
controversial, is understandable given the housing shortage.

Best,

John Fay (he/him)
Senior Planner
City of Brockton
Dept. of Planning & Economic Development
45 School Street
Brockton, MA 02301
508.580.7113
jfay at cobma.us

On Sat, Feb 15, 2025 at 06:49 Harry LaCortiglia via MassPlanners <
massplanners at masscptc.org> wrote:

> Jeff,
>
> I attended two of those webinars and watched as my questions were ignored
> in the chat.
>
> It seems EOHLC really doesn't need to justify, or even be responsive to
> any input these days.  It's not just with ADU Regs... MBTA3A too.
>
> On a local level, to change even a single word of our town's zoning code,
> the town would need to hold a properly noticed and advertised Public
> Hearing. We would have to face the people that will be effected by our
> wording, and hear from their lips what they believe to be problematic.
>
> EOHLC isn't holding a Public Hearing for the MBTA 3A Regulations that
> they are required to promulgate, either.
>
> It should be telling to see how many actual changes occur to the 3A
> Emergency Regulations once EOHLC has read all of the comments they've
> received on their website. (I'm sure all of the comments that are
> submitted are being duly stored on a thumbdrive somewhere in the office, in
> conformance with the State Records Retention Schedule.)
>
> We'll know more once the comment period closes on the 21st.
> H. LaCortiglia
> Georgetown
>
>
> On 2/14/2025 11:47 AM, ruralplanningassociates--- via MassPlanners wrote:
>
> 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
> <https://www.google.com/maps/search/896%0D%0A++++++++++++Graves+Road+%0D%0A+++++++++Conway,%0D%0A++++++++++++MA+01341?entry=gmail&source=g>
>
> <https://www.google.com/maps/search/896%0D%0A++++++++++++Graves+Road+%0D%0A+++++++++Conway,%0D%0A++++++++++++MA+01341?entry=gmail&source=g>
>
> Conway, MA 01341
> <https://www.google.com/maps/search/896%0D%0A++++++++++++Graves+Road+%0D%0A+++++++++Conway,%0D%0A++++++++++++MA+01341?entry=gmail&source=g>
>
> ruralplanningassociates at crocker.com
>
> (413) 230-9693
>
>
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org>
> <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>
> <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 | 508.851.6457
>
>
>
>
>
> 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
> <https://www.google.com/maps/search/896%0D%0A++++++++++++++++++++++++++Graves+Road+%0D%0A+++++++++++++++++++++++Conway,%0D%0A++++++++++++++++++++++++++MA+01341?entry=gmail&source=g>
>
> <https://www.google.com/maps/search/896%0D%0A++++++++++++++++++++++++++Graves+Road+%0D%0A+++++++++++++++++++++++Conway,%0D%0A++++++++++++++++++++++++++MA+01341?entry=gmail&source=g>
>
> Conway, MA 01341
> <https://www.google.com/maps/search/896%0D%0A++++++++++++++++++++++++++Graves+Road+%0D%0A+++++++++++++++++++++++Conway,%0D%0A++++++++++++++++++++++++++MA+01341?entry=gmail&source=g>
>
> 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 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
> <https://www.google.com/maps/search/1%0D%0A++++++++++++++++++++++++++++++++++Liberty+Lane+%0D%0A+++++++++++++++++++++++++++++++Norfolk,%0D%0A++++++++++++++++++++++++++++++++++MA+02056?entry=gmail&source=g>
>
> <https://www.google.com/maps/search/1%0D%0A++++++++++++++++++++++++++++++++++Liberty+Lane+%0D%0A+++++++++++++++++++++++++++++++Norfolk,%0D%0A++++++++++++++++++++++++++++++++++MA+02056?entry=gmail&source=g>
>
> Norfolk, MA 02056
> <https://www.google.com/maps/search/1%0D%0A++++++++++++++++++++++++++++++++++Liberty+Lane+%0D%0A+++++++++++++++++++++++++++++++Norfolk,%0D%0A++++++++++++++++++++++++++++++++++MA+02056?entry=gmail&source=g>
>
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