[Massplanners] [EXTERNAL]Re: ADU Units

[Harry LaCortiglia]

Hi Doug,

In your scenario below...see my adds in italics...

(a) The 'by right' option to place an ADU extinguished if a dwelling on 
the lot - i.e., one of the condos - is less than 900 sq. ft.  Yes? /If 
I'm applying for the permit, then isn't the Primary Dwelling _my_ condo? 
Which for sake of this hypothetical we'll say is 1800sq. ft.
/


(b) the parcel of land under the condos would not be a “single family 
lot”. /Does it need to be? As long as it's in a Single Family "District" 
or in a district that has, or can have a single family dwelling it seems 
to pass muster.
/

/
/

*Single-family Residential Zoning District.* Any Zoning District where 
Single-family Residential
Dwellings are a permitted or an allowable use, including any Zoning 
District where Single family
Residential Dwellings are allowed as-of-right or by Special Permit.

Time to break out the shovel... (That's a snow shovel... probably won't 
be breaking ground for an ADU within a condo anytime soon.)

H. LaCortiglia
Georgetown P. B.


On 2/14/2025 10:10 AM, Edgartown Planning Board wrote:
> Hrm,
> .(a) The 'by right' option to place an ADU extinguished if a dwelling 
> on the lot - i.e., one of the condos - is less than 900 sq. ft.  Yes?
> (b) the parcel of land under the condos would not be a “single family 
> lot”.
>
> - Doug, Edgartown.
>
>
> On Fri, Feb 14, 2025 at 7:19 AM Harry LaCortiglia via MassPlanners 
> <massplanners at masscptc.org> wrote:
>
>     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
>>         <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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>>
>>
>>         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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