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Millis committee postpones final recommendation on accessory dwelling unit bylaw pending legal clarification

April 17, 2025 | Town of Millis, Norfolk County, Massachusetts


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Millis committee postpones final recommendation on accessory dwelling unit bylaw pending legal clarification
The Millis Finance Committee on April 16 discussed Article 17, a Planning Board proposed amendment to replace the town's "accessory family unit" provision with a state-compliant accessory dwelling unit (ADU) bylaw. Committee members questioned how the bylaw would interact with septic and sewer capacity, setbacks and whether ADUs could be used as short-term rentals.

Nicole Riley of the Planning Board told the committee the ADU article implements Massachusetts state requirements that communities allow an ADU by right in residential districts. She explained key limits in the draft: an ADU must be no larger than 50% of the principal dwelling or 900 square feet (whichever is less); must meet setbacks and site-plan-review standards; must have at least one side-by-side parking space (not tandem); and the town retains the ability to permit ADUs in nonresidential districts by special permit where appropriate.

Riley clarified that homeowners who already have an accessory family unit that functions as an in-law apartment are grandfathered and would not be required to change that unit; the state's requirement is to allow one ADU by right, so preexisting units could remain in place but creating a second ADU on the same property may require a special permit.

Committee members asked whether ADUs can be used for short-term rentals. Planning Board members said they would consult Town Counsel to confirm whether towns may prohibit ADUs from being used as short-term rentals or must allow that use under state law; the committee requested that official guidance before issuing a recommendation to Town Meeting.

Because the legal status of short-term rentals and a few statutory questions remained unresolved, the finance committee amended its recommendation motion and voted to recommend that the committee take a formal position at its meeting immediately prior to Town Meeting after receiving Town Counsel's guidance. Several members said they intend to propose amendments at Town Meeting if needed.

The committee's discussion also covered sewer capacity: committee members raised concerns that allowing ADUs by right might increase demand on the sewer system, and staff said sewer capacity remains a relevant technical constraint and that applicants would need to meet sewer or septic requirements as part of any ADU installation.

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Scribe from Workplace AI
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