[Massplanners] A Monday ADU Question

Mon Jan 27 16:11:08 EST 2025

Adding to/taking a tack on this conversation: if many of our accessory structures throughout the city are built to the previously allowable side- and rear setbacks of 5 feet, would requiring a larger setback for an ADU run against the spirit of the law and therefore run the risk of being struck down as overly burdensome?

Thoughts?

John Fay
Senior Planner
[he/him/his]
City of Brockton
Dept. of Planning & Economic Development
45 School Street
Brockton, MA 02301
[508] 580-7113
[cid:81003093-29f9-40d6-8435-fff0356dbdf2]

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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of John Cruz via MassPlanners <massplanners at masscptc.org>
Sent: Monday, January 27, 2025 15:24
To: Amanda Keefe <amanda.keefe at redgate-re.com>
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] A Monday ADU Question

Yes, by that logic they would be allowed, which makes sense. If it makes sense to do it on the same lot? Probably not, but it'll depend on the development, lot coverage and use, regulations, etc.

On Mon, Jan 27, 2025 at 3:16 PM Amanda Keefe via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>> wrote:

By that same logic, would any multifamily building, regardless of number of units, be eligible for an ADU as long as it is located in a district where single-family residences are also allowed?

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of ruralplanningassociates--- via MassPlanners
Sent: Monday, January 27, 2025 3:10 PM
To: 'Ryan, Christopher' <cryan at belmont-ma.gov<mailto:cryan at belmont-ma.gov>>; 'Mass Planners' <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: Re: [Massplanners] A Monday ADU Question

Chris:

1)      Here’s what the new regulations says is a single-family residential zoning district is:

“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.”

It’s anywhere they are allowed, not necessarily exclusively.

2)      In answer to your second question, here is the definition of “principal Dwelling:”

“Principal Dwelling. A structure, regardless of whether it, or the Lot it is situated on, conforms to Zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one Dwelling Unit and is, or will be, located on the same Lot as a Protected Use ADU.”

The principal dwelling or its lot need not be conforming. The principal dwelling must contain at least one dwelling unit, which leaves open two-family and three-family structures as qualifying for the addition of a protected use ADU under this exemption.

Here also is a link to the new regulations (which could change before the 31st, but likely won’t).

ADU Protected Use ADUs Regulations <https://www.google.com/url?q=https://www.mass.gov/doc/adu-final-regulations/download&source=gmail-imap&ust=1738614343000000&usg=AOvVaw3jdj8EP1lziEZhGy2xQRcZ>

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: Monday, January 27, 2025 2:07 PM
To: Mass Planners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [Massplanners] A Monday ADU Question

Hi all

Having read the final state regs on ADUs, it still isn’t clear (to me) whether:

1)      A single-family zoning district is exclusively single-family or is a district, that among other uses, allows single-family homes

2)      If a two- or three-family home in a single-family zoning district, either by-right or non-conforming, is still eligible for a protected use ADU

Any thoughts emerging on these questions?

Thanks

Chris

==========================================

Christopher J. Ryan, AICP

Director of Planning & Building

Town of Belmont, MA

19 Moore Street

Belmont, MA  02478-0900

617.993-2650

cryan at belmont-ma.gov<mailto:cryan at belmont-ma.gov>

https://www.belmont-ma.gov/1451/Planning-Board<https://www.google.com/url?q=https://www.belmont-ma.gov/1451/Planning-Board&source=gmail-imap&ust=1738614343000000&usg=AOvVaw3T9N5n4ct_2LbMk9BAMiCb>

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