An Accessory Dwelling Unit (ADU) is a secondary residential living space located on the same lot as a single-family home. ADUs are becoming popular throughout the United States as a method of rezoning to allow critically needed smaller housing options.
On August 7, 2024, the Commonwealth of Massachusetts enacted the Affordable Homes Act, which includes a provision that permits ADUs—both attached and detached—by right in single-family zoning districts in all Massachusetts communities. The new state law for ADUs, M.G.L. c. 40A, § 3(11), went into effect on February 2, 2025, and Needham is now facing a period of misalignment between what is allowed by right under state law and what is currently allowed under Needham’s ADU bylaw, most recently amended in May 2023. For example, Needham’s current ADU bylaw allows attached—but not detached—ADUs that are part of a principal residence and meet certain conditions. In addition, under the new state law, Needham’s bylaw can no longer require owner occupancy of either the accessory dwelling unit or the principal dwelling.
The Needham Planning Board discussed the issue at their January 21, 2025, meeting where they were joined by Town Counsel Chris Heep, who clarified the issues and possible next steps. (Click here for video of the 1/21/25 meeting.)
The Commonwealth is leaving it to towns and cities to make some modifications to the law, as they see fit, such as additional size and dimensional setback restrictions, requiring a site plan review, and restricting short-term rental of ADUs. Municipalities will be reviewing, amending and/or drafting ADU bylaws to address any issues of concern and implement “reasonable” restrictions allowed by the new law. However, whether or not municipalities amend their bylaws has no impact on residents’ ability to build ADUs as of February 2, 2025, since state law supersedes local bylaws.
Click here for a brief summary of what’s ahead for Needham residents, particularly for anyone interested in pursuing an ADU for their property in the coming year.
Here is some additional information about ADUs:
