On August 6, 2024, Governor Maura Healey signed the Affordable Homes Act into law, permitting Accessory Dwelling Units (ADUs) to be built by right in single-family zoning districts effective February 2, 2025. The legislation authorizes $5.16 billion in spending over the next five years with nearly 50 policy initiatives to counter rising housing costs, and also includes: 

• Support for public housing, home ownership, and low-moderate income residents.  

• Support for the conversion of vacant commercial space to housing. 

• Support for sustainable and green housing initiatives. 

The Affordable Homes Act amends the definition of “Accessory Dwelling Unit” under The Zoning Act (Chapter 40Aof the General Laws) to clarify that the maximum size of an ADU is no more than half of the gross floor area of the principal dwelling, or 900 square feet, whichever is smaller. The legislation prohibits owner-occupancy requirements and unreasonable restrictions on the creation or rental of an ADU that is not being used as a short-term rental.  

Accessory Dwelling Units (ADUs) provide benefits to property owners, renters, and the Commonwealth as a whole by providing long-term and low-cost housing options for residents by increasing housing supply and accessibility while using less land, water, and electricity.  

Municipalities may impose reasonable restrictions and requirements for:  

• Site Plan Review 

• Title V septic systems requirements 

• Regulations concerning dimensional setbacks and the bulk and height of structures  

• Short-term rentals 

Municipalities may not:  

• Require owner occupancy for the ADU or the principal dwelling 

• Require a special permit or other discretionary zoning approval for the use or rental of an ADU 

• Require more than 1 parking space for an ADU located outside 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station 

• Require any parking for an ADU located within 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station. 

The Merrimack Valley Planning Commission received $120,000 from the Executive Office of Housing and Livable Communities (EOHLC) Community Planning Grant Program to support the Accessory Dwelling Unit & Inclusionary Zoning Housing Production Plan implementation in Boxford, Newbury, and Methuen contracting after January 1, 2025. EOHLC may issue guidelines or promulgate regulations for the Affordable Homes Act.