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

[Town Planner]

Hi Bill,
I ran this question by our Building Commissioner and he was familiar with the question.  The problem is that one can’t build an accessory unit prior to the primary.  However, this exact thing is done on a regular basis in the Inspections Department.  Some examples are single family dwellings where the garage is constructed before the home and when an owner tears down the primary dwelling to rebuild.  They can void the CO for the “primary dwelling” once the new CO is issued and amend the existing CO.  In the end, you will end up with a principal dwelling CO and an accessory building CO.

This method also meets the spirit of the ADU bylaw.

Katrina O’Leary, AICP
Town Planner
West Newbury
townplanner at wnewbury.org<mailto:townplanner at wnewbury.org>
(978) 363-1100 x125
Mon-Wed

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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