Land Use & Zoning
In Massachusetts, an 'accessory dwelling unit' (ADU) or 'in-law apartment' in a single-family zone typically requires:
AA variance from the Board of Appeals
BCompliance with local zoning bylaws which may allow ADUs by right under recent state legislation✓ Correct
CState approval from the Executive Office of Housing
DConversion of the entire property to two-family zoning
Explanation
Massachusetts recently enacted legislation (effective February 2025) requiring municipalities to allow ADUs by right in single-family zones, subject to reasonable dimensional requirements. This overrides local zoning restrictions that previously limited ADU development.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Short SaleA sale of real property where the sale proceeds are less than the outstanding mortgage balance, requiring lender approval.
Transfer TaxA tax imposed by state or local governments when real property ownership is transferred, typically based on the sale price.
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