A garage with an accessory dwelling unit above it.
Key changes include removing owner-occupancy requirements, establishing new size limits of either 900 square feet or half the main home's size (whichever is smaller), and prohibiting short-term rentals of ADUs. J. Michael Jones

Scituate Updates Accessory Dwelling Unit Regs Ahead of Deadline

Town must revise local housing regulations to comply with new state law by February 2025
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Scituate officials are working to revise the town's Accessory Dwelling Unit (ADU) regulations before new state requirements take effect in February 2025, marking the first major change to local housing rules since 1989.

At Monday's Select Board meeting, the Planning Board outlined changes required under the Massachusetts Affordable Homes Act. Under current rules, ADUs in Scituate can range from 430 to 1,520 square feet.

"This is probably one of the largest or most significant public policy change across the state that I can remember for quite a long time," said resident Marianne Lewis during public comment.

Town Planner Karen Joseph explained that Scituate has had ADU regulations since 1989, but the new state law requires changes. "Our current bylaw requires owner occupancy in the primary or the accessory dwelling with condition yearly certifications," she said. "The size of the ADU is 40% of the total square footage of the primary dwelling or 750 square feet, whichever is greater."

The new state requirements will prohibit owner-occupancy requirements and set new size limits. However, the town can still maintain control over certain aspects. "We are allowed under chapter 40a section three to control bulk and height parking setbacks," Joseph told the board.

The Planning Board will hold a public hearing on January 9th at 6:30 PM. The proposed bylaw changes were posted to the town website on December 17th for public review.

Without approved updates, the existing ADU regulations would become invalid when the state law takes effect. "Town council has advised us that everything that we get between now and February 2nd, we use the current zoning bylaw," Joseph said.

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