Multiple ADUs in MA?

[rbpbcf]

Hi all,
On Cape Cod, with a building lot zoned for 3 BRs.
Trying to build a single house for me and my grown son to share, but with separate internal dwelling units.
Local BI had suggested a Primary 2 BR + 1BR ADU, or even three 1BR ADUs (I have a sister looking for space).
It appears the new MA Code has redefined ADUs at 900sf, and they must be 1/2 or less of the Primary sf.
Previously the BI had said 3 separate ADUs of 1200sf each were OK.
- Apparently the new Code goes into effect 2/2/2025?
- Anyone know if multiple ADUs are still OK?
- Presumably 3 ADUs at 1200sf would still be kosher if approved before 2/2/2025?
Thanks for any info!
RBP in MA

 

[TheCommish]

This is not a building code question, it is a local zoning bylaw and legal question.

Until February 2025 ADUs were under the control of local zoning, after February 2025 state law a single ADU attached or detached will allowed on all properties zoned for singe family homes. size is up to 900 SF or 1/2 of the gross floor area of the principle structure. multiple ADU seem to be allowed if local zoning provides for them.

The various state agencies are working on guidance and regulation, along with lawyers, Planning Boards, proponents and oppositions to the law are opining on what it means,. While Building Officials who like me have to enforce Zoning Regulations are scratching our heads to understand what the law means and how it is enforced based on the limited language the legislators have passed.

The Affordable Homes Act, ADU information linked here

 

[rbpbcf]

This is not a building code question, it is a local zoning bylaw and legal question.

Until February 2025 ADUs were under the control of local zoning, after February 2025 state law a single ADU attached or detached will allowed on all properties zoned for singe family homes. size is up to 900 SF or 1/2 of the gross floor area of the principle structure. multiple ADU seem to be allowed if local zoning provides for them.

The various state agencies are working on guidance and regulation, along with lawyers, Planning Boards, proponents and oppositions to the law are opining on what it means,. While Building Officials who like me have to enforce Zoning Regulations are scratching our heads to understand what the law means and how it is enforced based on the limited language the legislators have passed.

The Affordable Homes Act, ADU information linked here

Thanks! Appreciate the response. Our BI also seems confused by the regs, both the old and the new. They are NOT very clear!

 

[Yankee Chronicler]

The various state agencies are working on guidance and regulation, along with lawyers, Planning Boards, proponents and oppositions to the law are opining on what it means,. While Building Officials who like me have to enforce Zoning Regulations are scratching our heads to understand what the law means and how it is enforced based on the limited language the legislators have passed.

Seems to me the safest course of action would be to refer any questions to your city/town/corporation counsel. As a building official, you are charged with enforcing all relevant laws and regulations, but you are only authorized to interpret the building code (unless, as in my state, the authority to interpret is reserved for someone such as, in our state, the State Building Inspector).

 

[TheCommish]

YC,

In in the Commonwealth of Massachusetts by statue unless another person appointed the BO is the Zoning Enforcement Officer for the municipality. Therefor making it many BOs including me a the determiner of zoning cases or questions, and the laws the legislators craft (in this case with lots of ambiguity) what is allowed.

Yes, we do consult with legal counsel, who are equally trying to sort the new law out and its ambiguities in concert with other zoning law already on the books. Many municipalities use counsel who are not part of staff and require permission and monies to access. Most of us have been advised to put the burden of prof on the applicant to show that the proposed project meets all the zoning then building requirements before issuing a permit.

We in practice, have to balance that we are in the customer service business and should be helpful to the taxpayers and applicant to a point. the taxpayer.