Boxford

• Boxford adopted its Protected Use ADU bylaw (Article 22, Appendix D, Section G) at Town Meeting on May 13, 2025, to comply with the Affordable Homes Act.
• ADUs are permitted by right in the R-A Zoning District only (Boxford is primarily R-A Residence-Agricultural), with Site Plan Approval from the Board of Appeals required.
• Fire Department review, approval, and sign-off is required before the Site Plan can be submitted.
• Short-term rentals are prohibited -- ADUs may not be rented for less than 31 consecutive days.
• The ADU cannot be legally separated or conveyed apart from the principal dwelling (no condo-ization).

1. Contact the Town of Boxford: Reach out to the town offices at 7A Spofford Road to discuss your project and confirm current requirements.
2. Prepare site plan: Develop a site plan showing existing and proposed boundaries, structures, parking/loading spaces, driveways, lighting, water supply, sewage, and landscape features.
3. Fire Department review: Obtain review, approval, and sign-off from the Fire Department for adequate life/safety/emergency ingress and egress before submitting the Site Plan.
4. Historic District check: If the property is in a Historic District, obtain approval from the Historic District Commission (must conform to all Historic District Commission requirements applicable to single-family residences).
5. Site Plan Approval: Submit for Site Plan Approval from the Board of Appeals pursuant to Section 196-30 of the Zoning Bylaw. The Board reviews for: (a) minimized tree/vegetation/soil removal, (b) architectural compatibility, (c) adequate water/sewer/septic and Title 5 compliance, and (d) adequate parking and safe circulation.
6. Building permit: Obtain a building permit after Site Plan Approval.
7. Construction and inspection: Build in accordance with approved plans and the Massachusetts State Building Code (780 CMR).

Note: If your ADU requires a new garage, that garage construction requires a separate Special Permit from the Board of Appeals. Maximum one attached garage per ADU.

• Maximum size: 900 square feet or 50% of the gross floor area of the principal dwelling, whichever is less.
• Maximum stories: Two stories.
• GFA calculation: Sum of all stories of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from interior faces of exterior walls or centerline of walls separating buildings/dwelling units. Excludes crawl spaces, garage parking areas, attics, enclosed porches, and similar spaces. Where there are multiple principal dwellings on a lot, the GFA of the largest is used.
• Dimensional requirements: ADUs must comply with all lot area, frontage, setback, height, lot width, and lot coverage requirements applicable to single-family homes in R-A Districts per Section 196-24 of the Zoning Bylaw.
• Conversions: Conversions of existing non-residential accessory structures to ADUs are permitted provided the existing structure complies with dimensional requirements.
• Front setback: No portion of the ADU may be closer to the front lot line than the primary dwelling.
• Architectural compatibility: Architectural style should be compatible with the existing principal dwelling.
• Separate ownership prohibited: The ADU cannot be legally separated or conveyed apart from the principal dwelling.
• Trailers prohibited: Trailers and other movable structures may not be occupied as dwellings.

• One off-street parking space required for all Protected Use ADUs.
• Tandem parking explicitly prohibited: The ADU parking space may not be a tandem space with a parking space for the primary single-family structure. Parking may be in a driveway or a garage.
• New garage: Construction of a new garage to serve a Protected Use ADU requires a Special Permit from the Board of Appeals.
• Maximum one attached garage to serve an ADU.
• Site plan must demonstrate: Adequate parking with maximum convenience and safety for vehicular and pedestrian movement within the property and in relation to adjacent ways.

• Fire Department sign-off: The plan must receive review, approval, and sign-off by the Fire Department for adequate life/safety/emergency ingress and egress prior to Site Plan submission to the Board of Appeals. This is an explicit prerequisite unique to Boxford.
• Historic District: A Protected Use ADU proposed in a Historic District must be subject to approval by the Historic District Commission and must conform to all Historic District Commission requirements applicable to single-family residences within the District.
• R-A District only: Boxford limits Protected Use ADUs to the R-A (Residence-Agricultural) Zoning District. Since Boxford is primarily zoned R-A, this effectively allows ADUs in most residential areas of town.
• No condo-ization: The ADU cannot be legally separated or conveyed apart from the principal dwelling.
• Short-term rental prohibition: ADUs may not be used as Short-Term Rentals or rented for less than 31 consecutive days.
• Existing in-law apartment bylaw: Boxford also has an older in-law apartment bylaw that allows attached units up to 1,500 sq ft with owner-occupancy and family-member restrictions. That older provision remains on the books but is largely preempted by state law for Protected Use ADUs.
• Septic/Title 5: ADU must comply with Title 5 (310 CMR 15.000) and be serviced with adequate water supply and sewer or septic service.
• Non-conforming lots: If an ADU is proposed for a pre-existing, non-conforming single-family primary residence, Section 196-6 B and 196-6 C apply, but no special permit may consider the ADU use or impose conditions on such use.
• Environmental: The ADU should minimize tree, vegetation, and soil removal and grade changes.

The following is the full text of Boxford's Article 22, Appendix D, Section G -- Protected Use Accessory Dwelling Units, as adopted at Town Meeting on May 13, 2025.

APPENDIX D - Article 22

Section G. PROTECTED USE ACCESSORY DWELLING UNITS

(1) Definition. A Protected Use Accessory Dwelling Unit ("ADU") is an attached or detached Dwelling Unit that is accessory to a principal single-family Dwelling Unit and is otherwise defined by the provisions of G.L. c. 40A, Section 1A, as may be amended.

(2) Use Schedule. PROTECTED USE ADUs are allowed as a matter of right only in the R-A Zoning Districts, subject to the requirements of this Section. ADUs are prohibited in all other districts.

(3) Only one PROTECTED USE ADU is allowed as a matter of right on any property.

(4) Placeholder Accessory Apartment and ADU.

(5) ADUs may not be used as Short-Term Rentals, as such term is defined in G.L. c. 64G, Section 1 or otherwise rented for a period shorter than thirty-one (31) days.

(6) Dimensional Requirements.

a. A PROTECTED USE ADU may be no larger in gross floor area than one-half of the gross floor area of the principal Dwelling Unit on the property or 900 square feet, whichever is less.

b. Gross Floor Area shall be the sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored measured from the interior faces of exterior walls or from the centerline of walls separating buildings, or dwelling units but excluding: i. crawl spaces, garage parking areas, attics, enclosed porches and similar spaces; and ii. where there are multiple Principal Dwellings on the Lot, the GFA of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use ADU.

c. PROTECTED USE ADUs shall comply with any and all lot area, frontage, setback, height, lot width and lot coverage requirements, as may be applicable to single-family homes in R-A Districts as contained in Section 196-24 of this Zoning Bylaw.

d. Conversions of existing non-residential accessory structures to ADUs are permitted provided that the existing accessory structure complies with the above-described dimensional requirements.

e. PROTECTED USE ADUs shall be no more than two stories.

f. PROTECTED USE ADUs shall be designed and constructed so that no portion thereof shall be closer to the front lot line than the primary dwelling.

g. The PROTECTED USE ADU shall not be legally separated or conveyed apart from the Principal Dwelling.

(7) Parking.

a. At least one (1) off-street parking space must be provided for all PROTECTED USE ADUs. Parking may be in a driveway or a garage but the parking space may not be a tandem space with a parking space for the primary single-family structure.

b. The construction of a new garage to serve a PROTECTED USE ADU shall require a Special Permit from the Board of Appeals.

c. PROTECTED USE ADUs shall have no more than one attached garage to serve an ADU.

(8) Site Plan Approval. All PROTECTED USE ADUs are required to obtain Site Plan Approval from the Board of Appeals pursuant to the procedures of this Section 196-30 of this Zoning Bylaw. Site Plan review shall provide for the following:

a. The PROTECTED USE ADU should minimize tree, vegetation and soil removal and grade changes.

b. Architectural style should be compatible with the existing principal dwelling on the subject property.

c. The PROTECTED USE ADU shall be serviced with adequate water supply and sewer or septic service and shall comply with any regulation for the protection of public health, safety, welfare and the environment including Title 5, 310 CMR 15.000.

d. The Plan shall demonstrate adequate parking, as required hereunder and shall maximize convenience and safety for vehicular and pedestrian movement within the property and in relation to adjacent ways. The Plan shall receive review, approval and sign off by Fire Department for adequate life/safety/emergency ingress and egress prior to submission.

e. The Board of Appeals may request reasonable plan modifications of the Site Plan for a PROTECTED USE ADU and may impose reasonable conditions that are not inconsistent with this bylaw or the provisions of G.L. c. 40A, Section 3.

f. Trailers and other movable structures shall not be occupied as dwellings, except as proved in G.L. c. 40A, Section 3.

g. A PROTECTED USE ADU proposed in a Historic District shall be subject to approval by the Historic District Commission and shall conform to all Historic District Commission requirements applicable to single family residences within the District.

(9) Relationship to non-conformities. If a PROTECTED USE ADU is proposed for a pre-existing, non-conforming single-family primary residence, the requirements of Section 196-6 B and 196-6 C of this Zoning Bylaw shall apply provided that no special permit may consider the PROTECTED USE ADU use or impose conditions on such use.

(10) Site Plans. Site plans shall indicate existing and proposed: a. Boundaries b. Structures c. Parking and loading spaces d. Driveways and driveway openings e. Lighting, water supply, sewage. f. Landscape features.

Boxford has adopted the Stretch Energy Code. A certified HERS Rater is required for all new construction, including ADUs.

Your ADU must achieve a HERS index of 52 or lower (mixed-fuel) or 55 or lower (all-electric). Going all-electric earns a 3-point offset, making compliance easier. Budget $500–$1,500 for HERS testing.

ERV/HRV mechanical ventilation is now required (bath fans alone don't qualify). If on-site parking is provided, EV-ready wiring is also required.

The following local provisions are preempted by the Massachusetts Affordable Homes Act (Section 8, Chapter 150, Acts of 2024) and 760 CMR 71.00:

• Owner-occupancy requirements: Cannot be imposed on either the principal dwelling or the ADU. Boxford's Protected Use ADU bylaw does not include an owner-occupancy requirement, consistent with state law. The older in-law apartment bylaw's owner-occupancy requirement is preempted.
• Special permit requirements: The older in-law apartment bylaw's special permit requirement is preempted for Protected Use ADUs. Boxford's Site Plan Approval process is structured as a limited, non-discretionary review rather than a special permit.
• Family-member restrictions: The older in-law apartment bylaw's family-member restrictions are preempted.

Note: Boxford's bylaw is generally well-aligned with state law. The Site Plan Approval process with limited review criteria appears consistent with the by-right requirement. However, the Fire Department sign-off prerequisite and the Board of Appeals' ability to impose "reasonable conditions" could be tested if perceived as creating unreasonable barriers. The short-term rental prohibition (31-day minimum) appears permissible under state law, which explicitly allows municipalities to restrict or prohibit short-term rental use of ADUs.

• Boxford Article 22 ADU Zoning Bylaw
• Boxford Article 22 Explanation Document
• Boxford Use Regulations (eCode360)
• Town of Boxford Website