Backyard Boom

There are some restrictions associated with the legislation. The added space must not be larger than half the size of the main dwelling or 900 square feet, whichever is smaller. Individual municipalities may also impose additional conditions on the creation of ADUs, including but not limited to, applicable and dimensional and parking requirements and limitations. There must also be either a direct entrance or access through an entry hallway. While Massachusetts towns and cities are entitled to restrict use of ADUs as short term rentals, they are expressly prohibited from “unreasonably restricting the creation of ADUs that are not short term rentals.”

The vote in favor of ADUs was not close with an overwhelming majority of MA legislators supporting the bill. The final tally was 145 in favor with just 13 legislators voting against. Those opposed expressed concern that accessory dwelling units would disproportionately benefit the wealthy who they contend would press their added dwellings into service as short term rentals. Some have observed that in states such as California, Connecticut, Washington and New York where ADUs have been approved, small dwellings have largely added to the stock of luxury vacation rentals rather than actually making housing more affordable for working people. Others contend that more housing density can change the character of neighborhoods and that increased water and utilities consumption can overwhelm local infrastructures.

Of the ADUs which have been added to the existing housing stock, many are created through renovation of lower level spaces or with an addition to an existing structure. For those who are lucky enough to have a larger lot, an industry has grown up around prefabricated dwellings that arrive either completely finished or roughed out and ready to be customized. Some of the more well known companies that manufacture residential units include Plant Prefab which has adopted more sustainable building practices and Boxabl, a company known for simpler, relatively more affordable homes. Hawthorn Builders, headquartered right here in Massachusetts, occupies a niche catering to the luxury end of the ADU market.