[Massplanners] can a small primary dwelling become an ADU?

[Barbara Carboni]

All,

A property owner in Truro came to us with the same question.  The Building Commissioner/Zoning Enforcement Officer and I agreed that it would be permissible under our Zoning Bylaw.  Owners can lawfully build a 900 square foot principal residence, and, since the purpose of the Bylaw (and statute) is to create housing opportunity, to designate and use that residence as an ADU after a larger residence is constructed serves that purpose, assuming that the Bylaw requirements are followed – most importantly, that either the ADU or the principal dwelling must be rented on a 12 month basis.  (We have ADUs as of right already in our bylaw). Even if the legislation would suggest this scenario is not permitted, the regulations provide that a municipality may be more lenient than state law, so I do not see a problem with respect to the Affordable Homes Act or regulations.

Barbara Carboni  AICP  MCPPO
Town Planner/Land Use Counsel
Town of Truro

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of William Cole via MassPlanners
Sent: Thursday, January 30, 2025 10:33 AM
To: massplanners at masscptc.org
Subject: [Massplanners] can a small primary dwelling become an ADU?

An owner of a vacant parcel (and our Planning Board) needs to know if a small (less than 900 sf) primary dwelling could be built first, then later a larger primary dwelling be built while declaring the first dwelling to be the ADU.  The end result would be the same as if the larger dwelling had been built prior to the smaller one.  I asked for and suggested clarification on this point when the legislation was being finalized, but got response.  Thanks for any thoughts on this.

Bill Cole
Hardwick MA PB

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