Town planner briefs Westborough Affordable Housing Trust on state-driven ADU bylaw changes
February 15, 2025 | Town of Westborough, Worcester County, Massachusetts
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Town Planner Jenny Gingras told the Westborough Affordable Housing Trust on Feb. 14 that recent state legislation (August 2024) amended Chapter 40A §3 to treat accessory dwelling units as a by-right use, meaning municipalities cannot require a special permit for ordinary ADUs.
Gingras said the change is intended to “increase housing options” and help residents age in place or provide caregiver housing. She described what Westborough’s proposed Article 23 would do to align with the law while retaining local design controls: the town would continue to allow ADUs up to 1,000 square feet (Westborough’s existing limit, compared with the state minimum of 900 square feet), permit ADUs by right for single-family homes, preserve setback and bulk limits, and require a separate entrance. The presenter added that the town may continue to enforce Title 5 and apply special permits only where a structure is an existing nonconformity.
Gingras said the law prevents local governments from requiring owner-occupancy for an ADU and limits parking requirements (the bylaw cannot require more than one parking space except where a site is near commuter rail; within a half-mile of a station the town may not require any parking). She noted the bylaw’s first legal notice was published Jan. 31 and that the bylaw took effect on Feb. 2; a public hearing on the article is scheduled for Feb. 25.
Trust members asked about local interest and enforcement. Gingras said inquiries rose to roughly "6 or 7" calls in recent months as coverage increased. Members raised concerns about short-term rentals and long-term neighborhood character; Gingras recommended enforcement on a complaint basis and confirmed the bylaw defines short-term rental as under 30 days. On affordability, Gingras and members noted state law does not permit mandating that ADUs be affordable, though smaller ADUs often create "naturally affordable" options in practice.
The Trust agreed to wait for public-hearing feedback on Feb. 25 and to consider drafting a letter of support after that meeting. Members also recommended holding informational sessions for residents explaining how ADUs work and the potential benefits for homeowners.
Quote: "We can't require owner occupancy for the accessory dwelling unit," Jenny Gingras said, summarizing a state constraint the town must follow.
The Trust requested staff return with outreach materials and a plan for possible information sessions if town meeting approves the bylaw.
Gingras said the change is intended to “increase housing options” and help residents age in place or provide caregiver housing. She described what Westborough’s proposed Article 23 would do to align with the law while retaining local design controls: the town would continue to allow ADUs up to 1,000 square feet (Westborough’s existing limit, compared with the state minimum of 900 square feet), permit ADUs by right for single-family homes, preserve setback and bulk limits, and require a separate entrance. The presenter added that the town may continue to enforce Title 5 and apply special permits only where a structure is an existing nonconformity.
Gingras said the law prevents local governments from requiring owner-occupancy for an ADU and limits parking requirements (the bylaw cannot require more than one parking space except where a site is near commuter rail; within a half-mile of a station the town may not require any parking). She noted the bylaw’s first legal notice was published Jan. 31 and that the bylaw took effect on Feb. 2; a public hearing on the article is scheduled for Feb. 25.
Trust members asked about local interest and enforcement. Gingras said inquiries rose to roughly "6 or 7" calls in recent months as coverage increased. Members raised concerns about short-term rentals and long-term neighborhood character; Gingras recommended enforcement on a complaint basis and confirmed the bylaw defines short-term rental as under 30 days. On affordability, Gingras and members noted state law does not permit mandating that ADUs be affordable, though smaller ADUs often create "naturally affordable" options in practice.
The Trust agreed to wait for public-hearing feedback on Feb. 25 and to consider drafting a letter of support after that meeting. Members also recommended holding informational sessions for residents explaining how ADUs work and the potential benefits for homeowners.
Quote: "We can't require owner occupancy for the accessory dwelling unit," Jenny Gingras said, summarizing a state constraint the town must follow.
The Trust requested staff return with outreach materials and a plan for possible information sessions if town meeting approves the bylaw.
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