What the new ADU law means for Andover
On August 6 Governor Maura Healey signed into law the Affordable Homes Act passed by the legislature. Among its many provisions, the law allows accessory dwelling units (ADUs), which you may have heard referred to as in-law apartments or granny flats, “as of right” on any lot in a single-family zoning district throughout Massachusetts.
In Andover the 3 single-family districts are SRA, SRB and SRC. You can see them on the town zoning map.
Andover is allowed to impose reasonable regulations such as:
“This new law opens up a broad range of benefits especially for seniors.”
size restrictions
short-term rental restrictions
site plan review
dimensional setbacks
bulk and height regulations
special permits for more than one ADU on a lot
other “reasonable restrictions“ related to septic disposal or dimensional requirements
Andover may not regulate ADUs by:
requiring more than one parking space
requiring any additional parking if the lot is within 1/2 mile of a commuter rail station. We have 2 commuter rail stations in Andover.
requiring discretionary zoning approval
imposing special permit requirements for the first ADU on a property
prohibiting long-term rentals of ADUs
imposing owner-occupancy requirements
unreasonably restricting ADUs
“This new law opens up a broad range of benefits especially for seniors. Andover has many homeowners over 65 living in detached single family homes who have space to build an ADU that could be used for housing family members, caregivers or renters for those who struggle financially as retirees,” shared Denise Johnson, ACT Executive Director, “I'm excited about the possibilities of this innovative age-friendly law.”
ADUs may not be larger than 900 square feet
ADUs cannot be larger than 1/2 of the floor area of the principal dwelling or 900 square feet, whichever is smaller.
The new definition for ADUs is now in effect
The new definition of ADUs, which prohibits owner-occupancy requirements and “unreasonable restrictions,” but permits size restrictions and short-term rental restrictions, goes into effect immediately.
On February 2, 2025, 180 days after the date the law was enacted, the remainder of the ADU provisions go into effect (such as the requirement for special permits for secondary ADUs, and the parking provisions).
As of right means the homeowner has the right to construct an ADU if reasonable requirements are met
No municipality may deny a homeowner from constructing an ADU on a single-family zoned lot if they meet all reasonable dimensional requirements.
Where do I go to apply for an ADU permit in Andover?
Building (and other permits) can be applied for online. Check out the town website for details.
Source: Pierce Atwood
