[Massplanners] ADUs and condos?

[Burney, Adam]

Hi Jay,

The Town of Sudbury's proposed update includes a common ownership provision which Town Counsel has indicated should withstand challenges. We based out decision on the same logic that you are expressing there needs to be a primary use for there to be an accessory use, thus they need to be inextricably linked in concept and ownership. Otherwise there are 2 primary uses on the site.

Respectfully,
Adam


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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Jay Vinskey via MassPlanners
Sent: Thursday, May 1, 2025 1:44 PM
To: TownPlanner via MassPlanners <massplanners at masscptc.org>
Subject: [Massplanners] ADUs and condos?


I know this has come up before (and EOHLC seemed to avoid stepping into it), but how many of your communities specifically require ADUs to be commonly owned with the principal unit (i.e., not made into condos)?  It seems that being "accessory" assumes it is inextricably linked and inseparable from the principal.  However, we are getting legal challenges on our provision:



4-30.3 - Accessory Dwelling Units.
 ...

d. for any lot being used for a single family dwelling, an ADU under ownership separate, or divided as a condominium, from that of such principal dwelling may be considered a non-accessory dwelling unit, thereby subjecting the lot to any use prohibition or dimensional requirements for same


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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