Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

Board advances ADU rule changes and approves temporary moratorium on tertiary dwellings while state regs, sewer questions are sorted

January 02, 2025 | Nantucket County, Massachusetts


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

Board advances ADU rule changes and approves temporary moratorium on tertiary dwellings while state regs, sewer questions are sorted
Planning staff presented a package of zoning changes designed to align the town’s accessory dwelling unit (ADU) rules with the state’s recently updated Affordable Homes Act regulations and related guidance. The Planning Board voted to recommend updated definitions and related bylaw edits for accessory dwellings, principal dwellings, protected ADU uses, dwelling units, and “year‑round housing.”

Staff said the state’s updated regulations changed whether municipalities must allow multiple ADUs by special permit; the new language makes multiple ADUs an opt‑in, not a mandate. The board accepted the updated state‑language definition for ADUs but voted not to “opt in” to allowing multiple ADUs by special permit at this time. The changes also update the town’s use chart to conform with the state definitions.

Board members and residents raised implementation questions. Planning staff and counsel clarified that ADUs created under the new state authority cannot be subject to deed covenants that restrict resale or occupancy in the way some existing tertiary‑dwelling covenants had been structured. That conflict — between local deed restrictions and the state ADU allowance — prompted a separate action: the board approved a temporary moratorium on new tertiary‑dwelling approvals until Dec. 31 to allow staff and town counsel to reconcile local bylaw language, covenant options, and potential sewer and permitting implications.

Members asked staff to circulate the finalized draft ADU language and the memorandum from town counsel ahead of upcoming meetings so the public and board members can assess the exact legal and practical effects. A resident asked whether ADUs could be sold separately; staff said that is a legal question not answered in the state guidance and generally is governed by state property law rather than local zoning.

Don't Miss a Word: See the Full Meeting!

Go beyond summaries. Unlock every video, transcript, and key insight with a Founder Membership.

Get instant access to full meeting videos
Search and clip any phrase from complete transcripts
Receive AI-powered summaries & custom alerts
Enjoy lifetime, unrestricted access to government data
Access Full Meeting

30-day money-back guarantee

Sponsors

Proudly supported by sponsors who keep Massachusetts articles free in 2026

Scribe from Workplace AI
Scribe from Workplace AI