Town Hosts ‘ADU FAQ’ for Residents to Learn About Accessory Dwelling Units

Town Planner, Building Commissioner to speak with residents about ADUs.

The Tewksbury Community Development Department will host a brief presentation and informal Q&A to educate residents about how they can incorporate an accessory dwelling unit on their property. The discussion will include an overview of the state laws and regulations as well as guidance as to which local regulations may be applicable. This “ADU FAQ” will take place on Tuesday, August 12 at 3:30 PM at the Tewksbury Public Library, 300 Chandler Street.

The goal of this session is to provide education related to what an ADU is, the regulations surrounding them, and what kinds of permits folks might need if they want to construct one on their property. The Town Planner will make a brief presentation along with the Building Commissioner, who will be available to answer questions afterward.

This meeting is open to the public and registration is not required. For questions about this event, please contact Alexandra Lowder at ALowder@tewksbury-ma.gov

FAQ

What is the updated definition of Accessory Dwelling Units (ADU)?:

“Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term rental.

What can I build on my property under this new law?:

Property owners may build attached or detached accessory dwelling units on the same lot as a residential dwelling. The maximum size cannot exceed 900 SF or half the gross floor area of the principal dwelling, whichever is smaller. NOTE: Gross Floor Area includes all areas of all stories, including basements.

Is owner occupancy required?

No, owner occupancy is not required. However, this new law does not protect the creation of ADUs for short-term rental use.

What other permits may I need in addition to a building permit?:

DPW Permits may be required for modifications to water service, the construction of new driveways, and for tying into sewer if the ADU exceeds the capacity of an existing septic system.

Wetland Permitting (RDA or NOI) may be required if proposed additions or detached structures fall within a wetland jurisdictional area.

NOTE: All current building, environmental, and fire codes apply for ADUs.

What are the zoning restrictions?:

Bulk dimensional requirements such as setbacks, lot coverage, and height restrictions for ADUs shall be the same as other structures in the district in which the proposed ADU is to be located. (See Section 5.3.2 of Zoning Bylaw). Deviations from these requirements may be pursued through a variance process from the Zoning Board of Appeals.

ADUs may only be constructed in zoning districts where single-family dwellings are allowed by-right or by special permit. (See Section 5.2 of Zoning Bylaw)

Other Considerations:

Building code and fire code requirements that may affect the construction of an ADU include:
~ 2-Hour Fire-Rated Walls separating the principal dwelling from the ADU for attached units.
~ Code-compliant egress in and out of the ADU.
~ Smoke Alarm Specifications tying the principal dwelling alarms to the ADU for attached units.