By DAN TOMASELLO
LYNNFIELD — A new state law allowing accessory dwelling units (ADUs) by right in single-family residence zoning districts will go into effect in early February.
Gov. Maura Healey recently signed into law the $5.1 billion Affordable Homes Act. The new law will allow ADUs, more commonly referred to as in-law apartments, by right in single-family zoning districts across the state.
“The Affordable Homes Act creates homes for every kind of household, at every stage of life and unlocks the potential in our neighborhoods,” said Healey during a signing ceremony last month. “We are taking an unprecedented step forward in building a stronger Massachusetts where everyone can afford to live.”
Building Inspector Joe O’Callaghan said in an interview with the Villager that the ADU law change will go into effect on Feb. 2, 2025.
“The Building/Zoning Department has already received multiple calls and walk-ins from residents asking for a permit to build an accessory unit,” said O’Callaghan. “Unfortunately for them, I have to tell them that we are still under the existing bylaw and that they would need to apply to the Zoning Board of Appeals for permission at this point, and the unit could still only be for an in-law.”
Planning and Conservation Director Emilie Cademartori explained how Section 8.3 of the Zoning Bylaw that governs ADUs works.
“Our current Zoning Bylaw allows a property owner in a residential district to create an accessory apartment only within their existing home with a Special Permit from the Zoning Board of Appeals,” said Cademartori. “The creation of the apartment is not supposed to involve an enlargement of the home. The apartment is intended specifically for parents. The property must meet minimum lot area for the district. The owner of the property must live on the property. The minimum size is 300 square feet and the maximum size shall not exceed 25 percent of the principal residence. The permit becomes void upon the death of the parents or the sale of the home. The current bylaw does not allow the creation of an accessory apartment in a separate building.”
Cademartori said the “new law negates the need for a Special Permit when the definition of the unit is met.”
“It allows the units to be larger — 900 square feet or 50 percent of the principal unit,” said Cademartori. “It does not require that the unit be created within the existing home or prohibit increasing the size of the home. Units can be created in a separate building.”
While the Affordable Homes Act will allow ADUs to be constructed by right in all single-family residence zoning districts, Cademartori said homeowners will still be required to follow the rules for Title 5 septic systems.
“All rules related to septic systems still apply,” said Cademartori. “A septic system must be sized based on the number of bedrooms on any particular property. If an existing home already has three bedrooms and they add a one-bedroom ADU, they would need a four-bedroom septic system. This may require that they upgrade the system. In the Groundwater Protection District, there is a limit on septic capacity, essentially requiring 10,000 square feet of lot area per bedroom. If a property does not contain enough area, then a system cannot be enlarged. This could result in a property not being allowed to create an ADU.”
O’Callaghan said the new law “may or may not impact the town.”
“Most of the residences here have to meet Title 5 septic system regulations, and trying to add one or two bedrooms to an already existing system may be cost prohibitive and, for that matter, not even allowable,” said O’Callaghan. “If a residence is in the Groundwater Protection District, which is basically every property west of Main Street and northwest of Essex Street, residences are restricted to one bedroom for every 10,000 square feet of land. Unless the Massachusetts Department of Environmental Protection is willing to ease up Title 5 restrictions, getting an accessory unit will be very difficult to get approved.”
Section 8.3 of the Zoning Bylaw only allows a homeowner’s parents to live in an ADU, and other family members are prohibited from living in the in-law apartment. After the law goes into effect in February, Cademartori said, “The town cannot restrict who lives in an ADU.”
After a parent living in the ADU passes away, the bylaw requires the homeowner to remove the kitchen in the unit “within 90 days.” Bourque Road resident Melanie Lovell said this provision of the bylaw was the reason why she and her husband, Scott, decided against constructing an in-law apartment for her late mother.
“In 2023, I considered turning the space above my garage into a small apartment for my mother who had been diagnosed with terminal cancer,” said Lovell. “She and I agreed that it would make sense to have her live as independently as possible, moving from her single-family home in Gloucester to an apartment on my property, with me being able to easily care for her once she was no longer able to take care of herself. When I read the local bylaw governing ADUs, I was dismayed by the red tape. Some of the requirements were reasonable and to be expected, but others seemed costly and onerous. Within 90 days of the death of my mother, the newly installed kitchen would need to be destroyed unless I was able to secure a Special Permit. Given her prognosis and its unknown timeline, I opted to move in with her and care for her there, leaving my husband and dogs in Lynnfield.”
While O’Callaghan and the Planning Board began discussing bringing an updated ADU Bylaw to Town Meeting early last year, that has yet to occur. When asked if there are any plans to bring a revised bylaw to Fall Town Meeting, Cademartori said it is “still being discussed.”
“The town does have the right to regulate certain aspects of ADUs even when the state definition is met,” said Cademartori.
O’Callaghan concurred with Cademartori’s viewpoint.
“There needs to be, and I’m sure there will be plenty of discussion on what restrictions the town will put on these new ADUs,” said O’Callaghan.
The State Senate approved the Affordable Homes Act in a 37-2 vote. State Sen. Brendan Crighton (D-Lynn) voted in favor of the new legislation.
“Reducing some of the unnecessary barriers to building accessory dwelling units will give both homeowners and municipalities an additional tool to address their unique housing needs,” said Crighton in a statement sent to the Villager. “This common sense zoning change, in addition to the historic levels of investment included in the housing bond bill, will help make housing more accessible and attainable for residents throughout the commonwealth.”
The House of Representatives passed the Affordable Homes Act in a 128-24 vote. House Minority Leader Brad Jones (R-North Reading) was one of the 24 lawmakers who voted no.
“The ADU provision of the housing bond bill creates a number of questions that are left unanswered,” said Jones in a statement sent to the Villager. “For example, what does the creation of ADUs mean for compliance with Chapter 40B? So while I am conceptually supportive of ADUs, the devil is in the details.”
The Massachusetts Municipal Association (MMA) wrote on its website that it opposed the ADU law change.
“Of concern to municipalities, particularly those that have already worked out and adopted local rules to allow accessory dwelling units, the law allows ADUs as of right in single-family zones statewide, a provision that preempts almost all local authority and existing regulations on ADUs,” the MMA stated.
Lovell said she is pleased that Healey signed the Affordable Homes Act into law.
“Beyond my own personal experience, I think this statewide ADU by right law is a good thing,” said Lovell. “It seems like these ADUs would be particularly attractive to younger singles, aging adults (especially those looking to downsize but stay in our community), people with disabilities, and/or those who have a lower income. Further, these apartments will have a much smaller environmental footprint than the preferred 5,000-plus square-foot homes being built in Lynnfield. My hope is that Lynnfield does a better job welcoming this legislation than we have thus far regarding the MBTA zoning law.”
