No change yet for accessory dwelling units

Aug 20, 2024

Town Administrator Derek Sullivan dashed some cold water on the immediate hopes of accessory dwelling unit enthusiasts during a Tuesday, Aug. 20 meeting of the Wareham Select Board. 

Legislation is coming to support them, said Sullivan — however, it is not yet in effect. 

Accessory Dwelling Units, also known as ADUs, are smaller houses which can be built on the same lots as existing single-family homes. They may be attached to or detached from the existing house and can include basement or attic conversions. 

Legislation signed by Gov. Maura Healey on Tuesday, Aug. 6 will allow ADUs under 900 square feet on single-family lots “by right” — i.e., without requiring a special permit or a zoning variance. 

However, said Sullivan, that legislation will only take effect in February 2025. 

He said the town’s Department of Inspectional Services has been hit with “confusion” over the law. “We have people saying it’s as ‘by right’ now and trying to move forward. That is in fact not the case.”

Sullivan said the town should prepare zoning bylaws for Town Meeting to restrict ADUs, for example, by making them comply with Title V septic restrictions, or by requiring that they not be used as short-term rentals, or Airbnbs. 

“Remember, this is supposed to help with our housing crisis, and it is not meant to [increase] an investor portfolio,” said Sullivan. 

Wareham voters have previously tackled the question of density with affordable housing bylaws passed in 2021 and affirmed in 2022. 

These bylaws, initially put forth by former Select Board member Brenda Eckstrom, created a path for residents to add to the town’s affordable housing stock by adding apartments in addition to their homes, a similar premise to ADUs. 

However, town officials maintained there were issues with the procedure of these bylaws, and their current status is unclear.