The Finance Committee on Feb. 10 supported the Planning Boards proposal for a temporary moratorium on so-called tertiary dwellings while the town analyzes the implications of the Massachusetts Affordable Homes Act on local bylaws and island housing supply.

Planning staff told the committee that the moratorium, as proposed in Article 42, would pause approvals for additional tertiary units while the town studies the Acts impact; the draft moratorium would expire Dec. 31, 2025 unless extended. The Planning Board cited the state laws requirement that detached accessory dwelling units be allowed "by-right" in districts that permit single-family dwellings, and raised concern that a new, additional tertiary unit allowance under the state law could have unexamined impacts.

The committee also reviewed multiple related bylaw housekeeping articles (accessory dwelling unit definition, protected-use ADU, principal dwelling, definition of dwelling unit, year-round housing definition and parking/groundcover changes) intended to align local zoning language with the new state statutory definitions and guidance. The Planning Board removed optional state provisions that would have allowed multiple accessory units on a single property and recommended limiting ADUs to 1 per property.

Key details

- Article 42: temporary moratorium on tertiary dwellings while staff and the Planning Board analyze the Affordable Homes Act implications; proposed expiration date 2025-12-31.
- Planning staff explained the 900-square-foot ADU metric: the statute permits a detached ADU up to 900 square feet or 50% of the primary dwelling, consistent with the towns tertiary bylaw.
- The Planning Board recommended striking or replacing local ADU definitions with the state definition, changing use-chart entries so ADUs are allowed only in districts that allow single-family dwellings, and removing an optional state allowance for multiple ADUs on one property.
- The Finance Committee supported the Planning Boards positive recommendations for the cleanup articles and supported the moratorium motion as prudent while the town studies impacts.

Quotes

"The moratorium would be in effect while we analyze the impacts of the Affordable Homes Act on our bylaw and on the island, and it would expire on 12/31/2025," Leslie said.

"If you did not have either a special permit issued by the Planning Board or a building permit issued prior to the publication of the notice, then you will not be eligible to obtain one," Leslie said, describing pending ADU applications relative to the moratorium's effective date.

Ending

The committee's support moves the moratorium and bylaw-cleanup articles to Town Meeting with a positive Finance Committee recommendation; staff and the Planning Board plan further technical work before any permanent changes or extensions are proposed.