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| 2 | 2 | | HOUSE DOCKET, NO. 3172 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1484 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Mark J. Cusack |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to accessory dwelling units. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3172 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1484 |
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| 18 | 18 | | By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1484) of |
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| 19 | 19 | | Mark J. Cusack relative to accessory dwelling units. Housing. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to accessory dwelling units. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Section 3 of said chapter 40A, as so appearing in the 2024 Official Edition, |
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| 29 | 29 | | 2is hereby amended by striking the eleventh paragraph and inserting in place thereof the following |
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| 30 | 30 | | 3paragraph:- |
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| 31 | 31 | | 4 No zoning ordinance or by-law shall prohibit, unreasonably restrict or require a special |
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| 32 | 32 | | 5permit or other discretionary zoning approval for the use of land or structures for a single |
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| 33 | 33 | | 6accessory dwelling unit, or the rental thereof, in a single-family residential zoning district; |
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| 34 | 34 | | 7provided, that the use of land or structures for such accessory dwelling unit under this paragraph |
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| 35 | 35 | | 8may be subject to reasonable regulations, including, but not limited to, 310 CMR 15.000 et seq., |
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| 36 | 36 | | 9if applicable, site plan review, regulations concerning dimensional setbacks and the bulk and |
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| 37 | 37 | | 10height of structures and may be subject to restrictions and prohibitions on short-term rental, as |
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| 38 | 38 | | 11defined in section 1 of chapter 64G. Any city or town may, by local option, require owner |
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| 39 | 39 | | 12occupancy of either the accessory dwelling unit or the principal dwelling unit under this |
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| 40 | 40 | | 13paragraph; provided, that not more than 1 additional parking space shall be required for an 2 of 2 |
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| 41 | 41 | | 14accessory dwelling unit; and provided further, that no additional parking space shall be required |
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| 42 | 42 | | 15for an accessory dwelling located not more than 0.5 miles from a commuter rail station, subway |
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| 43 | 43 | | 16station, ferry terminal or bus station. For more than 1 accessory dwelling unit, or rental thereof, |
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| 44 | 44 | | 17in a single-family residential zoning district there shall be a special permit for the use of land or |
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| 45 | 45 | | 18structures for an accessory dwelling unit. The executive office of housing and livable |
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| 46 | 46 | | 19communities may issue guidelines or promulgate regulations to administer this paragraph |
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