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SENATE DOCKET, NO. 640 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 904
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bruce E. Tarr
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to accessory dwelling units.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and MiddlesexSal N. DiDomenicoMiddlesex and Suffolk1/30/2023Michael O. MooreSecond Worcester2/2/2023Hannah Kane11th Worcester2/2/2023Michael J. BarrettThird Middlesex2/6/2023Colleen M. Garry36th Middlesex2/8/2023James B. EldridgeMiddlesex and Worcester2/11/2023Bradley H. Jones, Jr.20th Middlesex2/16/2023F. Jay Barrows1st Bristol2/16/2023Steven S. Howitt4th Bristol2/16/2023Susannah M. Whipps2nd Franklin2/16/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/2/2023 1 of 3
SENATE DOCKET, NO. 640 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 904
By Mr. Tarr, a petition (accompanied by bill, Senate, No. 904) of Bruce E. Tarr, Sal N.
DiDomenico, Michael O. Moore, Hannah Kane and other members of the General Court for
legislation relative to accessory dwelling units. Housing.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 908 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to accessory dwelling units.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 3 of chapter 40A of the General Laws, as appearing in the 2018
2Official Edition, is hereby amended by inserting after the last paragraph the following 3
3paragraphs:-
4 No zoning ordinance or by-law shall prohibit or require a special permit for the use of
5land or structures for an accessory dwelling unit, or the rental thereof, in a single-family
6residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to
7meet the requirements of title 5 of the state environmental code established by section 13 of
8chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory
9dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly. 2 of 3
10 As used in this section, “accessory dwelling unit” shall mean a self-contained housing
11unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure
12as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate
13entrance, either directly from the outside or through an entry hall or corridor shared with the
14single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not
15smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not
16larger in floor area than ½ the floor area of the single family dwelling or 900 square feet,
17whichever is smaller; “person with disabilities” shall mean a person who has been determined to
18be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii)
19by the Social Security Administration or MassHealth, notwithstanding any local by-law or
20ordinance; and “elderly” shall mean a person sixty-five years of age or older.
21 The zoning ordinance or by-law may require that the single-family dwelling or the
22accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling
23units in the municipality to a percentage not lower than 5 percent of the total non-seasonal
24housing units in the municipality. The use of land or structures for an accessory dwelling unit
25may be subject to reasonable regulations concerning dimensional setbacks and the bulk and
26height of structures. Not more than 1 additional parking space shall be required for an accessory
27dwelling unit but, if parking is required for the single family dwelling, that parking shall either
28be retained or replaced. An accessory dwelling unit allowed under this section is considered
29owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust
30in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided,
31however, that either the single-family dwelling or the accessory dwelling unit remains occupied
32by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to 3 of 3
33violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-
34laws.