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

Sun Feb 16 16:30:28 EST 2025

Megan good points.  Cities and towns need to put together programs to help homeowners who choose to go this route. After Dennis adopted its affordable housing by-law in 2001 I spent a lot of time discussing with homeowners considering an ADU under that by-law the pros and cons of being a “landlord”. There are a lot of rights that renters acquire. This makes the thought of having a rental unit that would be available to a complete stranger a difficult decision. To place the burden of an AFHMP on top of that creates an even greater hurdle.  I have seen the costs of the marketing plan to run the equivalent at least two months rent. With the risks that go with being a landlord: damage that needs to be repaired at the end of the lease; possible loss of rent if a tenant stops paying; court costs for potential eviction; it is hard to imagine a mom & pop operation wanting to jump into a unit for SHI inclusion. At the end of the day, I probably talked more people out of ADU’s than I convinced to add one.

Now, if the town could assist with the marketing, lottery, etc. it could become more attractive. Unfortunately, right now, even having a “ready renter” program is not ideal. A new unit on the RR list has, so far, been required to undertake the initial marketing and lottery costs. This makes the concept unattractive to the average homeowner.

The deed restriction (which was part of the Dennis by-law as far back as 2001) is a good concept, but, beyond the benefit of a density increase, the communities need to step up and buy that restriction. Something I guess that would be required to get the deed restriction under the new law.

One last caveat, EOHLC will need a significant increase in staffing just to catch up on their current workload, never mind if they get even more LIP’s to process. Great staff over there, but extremely overworked.

Daniel Fortier, AICP

Retired Planner  

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Megan McD via MassPlanners
Sent: Saturday, February 15, 2025 7:54 AM
To: John Fay Jr <jfay at cobma.us>
Cc: massplanners at masscptc.org
Subject: Re: [Massplanners] [EXTERNAL]Re: [EXTERNAL]Re: ADU Units

Hello all -

I agree with the sentiment that we just need housing, regardless of progress to  the % of affordable units.  I want to mention that the one additional benefit to going through the process to put a unit on the SHI, is that you actually have to have affordability protections for the units.  We *think* ADUs will be naturally occurring affordable housing in many cases, but to preserve affordability in the long term deed restrictions are important.  

Perhaps if municipalities (or local CDCs) could assist homeowners with the marketing, lottery and legal paperwork to get a unit on the SHI, that could count as a "local action" and go through the LIP Local Action Unit program.  LAU units are much simpler to process than Comp Permits.  

Megan McDonough

UMass MRP Graduate

now working in affordable housing development

On Sat, Feb 15, 2025 at 8:43 AM John Fay Jr via MassPlanners <massplanners at masscptc.org <mailto:massplanners at masscptc.org> > wrote:

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 <mailto:jfay at cobma.us> 

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

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 <mailto:ruralplanningassociates at crocker.com> 

(413) 230-9693

From: MassPlanners  <mailto: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  <mailto: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 <mailto:sraposa at mansfieldma.com>  | 508.851.6457  

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 <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 <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  <mailto: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 <mailto: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> 

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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