Christine Rasmussen
This is a follow up to the September 15th article in Stockbridge Updates about Accessory Dwelling Units (ADUs) from the Executive Office of Housing and Livable Communities.
BACKGROUND INFORMATION BASES FOR NEW REGULATIONS:
Massachusetts’ ADU regulations went into effect on January 31, 2025. The Executive Office of Housing and Livable Communities has tracked how many have been approved (over 2,000 as of June 30), and has also conducted outreach surveys, focus groups, and interviews to learn about the remaining barriers and cost drivers preventing more widespread adoption.
All that information went into proposed regulatory revisions released for public comment recently https://www.mass.gov/info-details/accessory-dwelling-units
The goal is to improve definition clarity, ensure consistent health and environmental standards across municipalities, authorize new tools for Seasonal Communities, and establish additional guardrails on municipal requirements. The state asks if you have thoughts or comments on their proposals to share your feedback through the ADU Public Comment Form: https://www.mass.gov/forms/protected-use-adu-draft-regulations-public-comment-form
Written comments on the proposed regulation may be submitted from September 11, 2026, through 11:59 p.on October 9, 2026, by: (1) sending written comments electronically to EOHLCRegulationComments@mass.gov
Issues that have been identified as important for residents to share their opinion on:
Regulation via Environmental and Historic Overlays
Definition of “Reasonable” Setback and Dimensional Standards
Enforcement of the Short-Term Rental Restriction
Clarification on Condo and HOA Covenants Banning ADUs
Can You Build An ADU on Your Property? To find out, click on the link: https://goclean.masscec.com/adu/
Example: Marblehead Planning Board
With the new ADU regulations, the town of Marblehead Planning Board spent nearly three hours dealing with two ADU applications weighing concerns about building size, neighborhood character, emergency access and existing zoning restrictions against the state’s protections for qualifying ADUs applications:
New Construction Costs:
National Association of Home Builders (NAHB) reports that on average, government regulations at the federal, state, and local levels add $131,734 to the cost of a new single-family home, equal to about 26% of the average new-home sales price. Of that total, $84,939 comes from regulatory costs incurred during the construction phase, including building codes and permit requirements, while $46,795 is tied to regulations related to land development, such as zoning, approvals, and site preparation. These costs have grown significantly since 2021, when regulatory costs accounted for about $93,870 per home. For more information on housing stats, visit: https://chicagoagentmagazine.com/2026/08/04/new-homes-existing-homes/
SOBERING THOUGHT:
Massachusetts was ranked number 50 in a national survey on housing affordabilitywith a median listing price of $781,758 and median income $80,711.00.
https://www.realtor.com/research/state-report-cards-2025
SHOULD THE POVERTY LINE BE INCREASED?
Morning News Beat report 9/24
A survey from the Harris Poll last year found that 64% of six-figure earners said their income isn’t a milestone for success but merely the bare minimum for staying afloat.
“In fact, even those making $200,000 or more have resorted to financial tactics that are often associated with less wealthy consumers. For example, 64% said they’ve used rewards points to pay for essentials, 50% have used buy-now-pay-later plans for purchases under $100, and 46% rely on credit cards to make ends meet.
Michael Green, chief strategist and portfolio manager for Simplify Asset Management, wrote a viral Substack post last year arguing the real poverty line should be $140,000..
SUPREME JUDICIAL COURT DECISIONS (SJC):
September 3, 2026
The MA MUNICIPAL ASSOCIATION reports on Town of Nahant v Northeastern University
The Massachusetts Supreme Judicial Court (SJC) unanimously reversed a Superior Court ruling, upholding Nahant’s legal authority to acquire conservation and public-access easements on property owned by Northeastern University through eminent domain.
Key Findings of the SJC Ruling:
Valid Public Purpose: The SJC held that land conservation and open space preservation are constitutionally recognized, legitimate public purposes. The ruling strongly reaffirms the legal rights of Massachusetts cities and towns to exercise eminent domain to protect local environmental and public-access interests.
