[Massplanners] [EXTERNAL]Re: A Monday ADU Question

Tue Jan 28 12:04:19 EST 2025

Is this taken to mean that an accessory structure setback requirement (presumably the most permissive, like 5') must be also applied to an attached/ ADU addition onto a single-family dwelling (but not to a non-ADU addition)?  By strict read, it seems so, but I would guess the intent was that accessory requirements would only apply to detached ADUs, and the principal dwelling would need to meet the principal setbacks, with or without an ADU.

Jay Vinskey, AICP, RLA
City Planner

59 Court Street - Suite 300, Westfield, MA 01085
office: 413.642.9307
mobile: 413.579.7494
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From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of ruralplanningassociates--- via MassPlanners <massplanners at masscptc.org>
Sent: Tuesday, January 28, 2025 10:38 AM
To: 'John Fay Jr' <jfay at cobma.us>; 'Amanda Keefe' <amanda.keefe at redgate-re.com>; 'John Cruz' <john at cruzweb.net>
Cc: 'Mass Planners' <massplanners at masscptc.org>
Subject: [EXTERNAL]Re: [Massplanners] A Monday ADU Question

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Hi, John:

Here’s what the new regulations say about impermissible local zoning requirements:

“2. Dimensional Standards. Any requirement concerning dimensional standards, such as dimensional setbacks, lot coverage, open space, bulk and height, and number of stories, that are more restrictive than is required for the Principal Dwelling, or a Single-family Residential Dwelling or accessory structure in the Zoning District in which the Protected Use ADU is located, whichever results in more permissive regulation, provided that a Municipality may not require a minimum Lot size for a Protected Use ADU.”

There is no mention of a standard like this in the ADU statute (Housing Bond Bill sections 7 and 8). But this popped up in the regulations. Seems like a board must comb through the dimensional requirements for the subject principal dwelling (whatever that is), single-family dwellings in general, or accessory structures in the zoning district – then select the most permissive as the outer limit of their authority.  I and other municipal advocates testified against this as an overreach, but to no avail.

Best regards,

Jeff Lacy

Rural Planning Associates

896 Graves Road

Conway, MA 01341

ruralplanningassociates at crocker.com

(413) 230-9693

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of John Fay Jr via MassPlanners
Sent: Monday, January 27, 2025 4:11 PM
To: Amanda Keefe <amanda.keefe at redgate-re.com>; John Cruz <john at cruzweb.net>
Cc: Mass Planners <massplanners at masscptc.org>
Subject: Re: [Massplanners] A Monday ADU Question

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

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From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> on behalf of John Cruz via MassPlanners <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Sent: Monday, January 27, 2025 15:24
To: Amanda Keefe <amanda.keefe at redgate-re.com<mailto:amanda.keefe at redgate-re.com>>
Cc: Mass Planners <massplanners at masscptc.org<mailto: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.google.com/url?q=https://www.belmont-ma.gov/1451/Planning-Board&source=gmail-imap&ust=1738614343000000&usg=AOvVaw3T9N5n4ct_2LbMk9BAMiCb>https://www.belmont-ma.gov/1451/Planning-Board<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.belmont-ma.gov%2f1451%2fPlanning-Board&c=E,1,6tQE2VzLCYXa5QAFruFM-1mLBjZs3wE6yzYlxs2QIxzjdKhbLijxJqx0OIPN0wvJnDRssjAse9YIdA-ODLkd5TlDfWo0m7sizYlLT1yuJV84Qw,,&typo=1&ancr_add=1>

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