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Affordable Homes Act will allow ADUs by right; Sudbury planning staff flag septic and surtax limits
Summary
Planning Director A. Burney said the state Affordable Homes Act makes accessory dwelling units legal by right (up to 900 sq ft or 50% of the primary unit) effective Feb. 25, 2025; Sudbury staff cautioned septic constraints and noted the Act did not include a 2% surtax on high-value properties, prompting local discussion of alternatives and a Concord-style housing roundtable.
A. Burney, director of Planning and Community Development, told the joint Sudbury Housing Authority–Sudbury Housing Trust meeting that the state’s Affordable Homes Act was signed and will make accessory dwelling units legal by right in single-family zones at up to 900 square feet or 50% of the primary dwelling’s square footage, whichever is less. Burney said owner-occupancy will not be required under the new law and that regulations will be developed by EOHLC; the law is slated to take effect Feb. 25, 2025.
Burney warned that septic-system constraints are likely to be the primary limiting factor for ADU deployment in Sudbury and said amendments to Sudbury’s zoning bylaw will be proposed at next spring’s Town Meeting to implement the state changes. He noted the Affordable Homes Act did not include a 2% surtax on high-value properties and described the question of pursuing a local surtax initiative versus waiting for state-level action as an open policy choice.
RHSO consultant L. Rust provided a Concord example, describing Concord’s mix of housing entities: a 501(c)(3) community development corporation that focuses on ownership units, a funding-and-advocacy Housing Trust, and a quarterly Housing Roundtable that convenes multiple stakeholders. SHT members recommended listing a similar housing roundtable as a strategy in Sudbury’s Housing Production Plan to improve coordination among local housing actors.
Planning staff will distribute proposed site and strategy changes for final comment; the Housing Production Plan remains open for a roughly one-month final comment period prior to Planning and Select Board consideration.
