Danvers

• Danvers uses the term "Extended Family Living Area" (EFLA) for what is now called an ADU under state law. Many EFLA restrictions are preempted by the Massachusetts Affordable Homes Act.
• Under state law (effective February 2, 2025), ADUs up to 900 sq ft or 50% of the principal dwelling are allowed by right in Danvers, regardless of the local EFLA bylaw status.
• The town's local EFLA rules imposed restrictions on family-member-only occupancy, owner-occupancy, internal access requirements, and a 750 sq ft size limit -- all of which are now preempted or questionable under state law.
• Danvers was in a transitional period as of early 2026, working to update its bylaws. Homeowners should contact the Building Inspector to confirm the current permit process.
• Attached, detached, and internal ADUs are all permitted under state law.

1. Contact the Town of Danvers Inspectional Services Department to confirm the current process, as the town is in transition between EFLA bylaws and state ADU compliance.
2. Under state law, no special permit or ZBA approval is required for a conforming ADU (up to 900 sq ft on a conforming lot).
3. Submit a building permit application.
4. Provide required documents: Building Permit Application, Floor Plans showing room designations, and Deed Restriction (per local EFLA process -- verify if still required).
5. Joint inspection by plumbing, electrical, and building inspector will be conducted.
6. If work is not in compliance with State Building Codes, a letter will identify required alterations prior to Certificate of Occupancy.
7. Obtain Certificate of Occupancy before use.

Note: If your lot is dimensionally non-conforming or requires variances, additional ZBA review may still be required for the dimensional relief (not for the ADU use itself).

• State law maximum: 900 sq ft or 50% of the principal dwelling gross floor area, whichever is smaller
• Local EFLA limit: 750 sq ft including storage space (this local limit may still apply if deemed "reasonable" under state law since it is within the state's 900 sq ft maximum, but it could also be challenged)
• Entrance: Local rules require all entrances on the side or rear of the dwelling. This may be enforceable as a "reasonable" design standard under state law.
• Types: Addition (connected to primary dwelling), internal (within existing footprint), and detached (in existing detached accessory structure) are all recognized
• Utilities: Local rules require the EFLA to run off existing utilities of the primary residence. This may be challenged as unreasonably restrictive if it prevents feasible ADU construction.
• Separate entrance: Required under state law, either directly from outside or through a shared entry hall meeting building code egress requirements

• Under state law, a maximum of 1 parking space may be required for the ADU.
• 0 parking spaces required if the property is within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station.
• The local EFLA rules do not specify a particular parking number but the state law caps apply.

• Transitional period: Danvers was actively working to update its bylaws as of early 2026. Homeowners may encounter administrative uncertainty. Document everything and consider consulting with an attorney if local pushback occurs.
• State law override: Regardless of the local bylaw update status, the state law (effective February 2, 2025) requires Danvers to allow Protected Use ADUs by right. The state law preempts conflicting local provisions.
• EFLA terminology: The town's website and forms still reference "EFLA" rather than "ADU." The underlying rights are the same under state law.
• Deed restriction: The local EFLA process requires a deed restriction to be completed and filed. Verify with Inspectional Services whether this is still required for state-law ADUs.
• Internal access: The local EFLA requirement for internal access to the primary residence via a shared space is likely preempted -- state law only requires a separate entrance, not internal connectivity.

The following is the complete content from the Town of Danvers EFLA Information page and related source material:

EXTENDED FAMILY LIVING AREAS (EFLAs) -- DANVERS, MA

Extended Family Living Areas (EFLAs), or what some may know as "in-law apartments", are permitted in Danvers. However, the process to permit and build an EFLA may require review and approval from the Zoning Board of Appeals (ZBA), depending on your project and your specific lot.

TYPES OF EFLAs:

1. ADDITION: An EFLA addition connected to the primary dwelling, expanding the primary dwelling footprint (example: constructing a new addition off the primary dwelling via a sunroom, garage, laundry room, etc.).

2. INTERNAL: An EFLA that is within the existing footprint of the primary dwelling, which can be created without making any footprint expansions (example: renovating an existing basement space).

3. DETACHED: An EFLA that is located within an existing detached accessory structure (example: renovating a detached two car garage).

LOCAL EFLA REQUIREMENTS (as posted on town website):

All proposed EFLAs are required:

• To be located in a single-family home that is occupied by the owner. [PREEMPTED: State law prohibits owner-occupancy requirements]

• To have internal access to the primary residence via a shared space (laundry room, mud room, etc.) [LIKELY PREEMPTED: State law requires separate entrance but does not mandate internal access. May be challenged as unreasonably restrictive.]

• To be occupied by no more than two family members related by blood, marriage, or adoption to the owner or owner's spouse. [PREEMPTED: State law prohibits family-member restrictions on ADU occupants]

• To be no larger than 750 square feet (including storage space). [NOTE: State law allows up to 900 sq ft or 50% of principal dwelling. The 750 sq ft limit is more restrictive but may be deemed "reasonable" under state law since it's within the state's 900 sq ft maximum. However, municipalities cannot set maximums below a reasonable threshold.]

• To have all entrances on the side or rear of the dwelling. [NOTE: State law requires a separate entrance. Restricting entrance location to side/rear may be considered a "reasonable" design standard.]

• To run off the existing utilities (water, sewer, electricity) of the primary residence. [NOTE: May be challenged as unreasonably restrictive if it prevents feasible ADU construction.]

WHEN SPECIAL PERMIT IS REQUIRED (per local rules):

You will need a Special Permit from the ZBA if:

• The lot is dimensionally non-conforming (does not meet size, frontage, or setback requirements)
• The EFLA is within a dimensional setback
• You are proposing a DETACHED EFLA [PREEMPTED for conforming detached ADUs under state law -- by-right approval required]
• You are proposing an EFLA larger than 750 square feet
• You are proposing more than two family members in the EFLA [PREEMPTED: Cannot restrict who lives in ADU]
• You cannot meet access, utility, or shared space requirements

If you meet ALL local requirements AND your lot/dwelling are dimensionally conforming:

• No ZBA Special Permit needed
• Can proceed directly with building permit application

INSPECTIONAL SERVICES EFLA REQUIREMENTS:

Required documents:

1. Building Permit Application
2. Floor Plans Showing Room Designations
3. Deed Restriction Completed and Filed

THE PROCESS: Once documents received, an inspection will be conducted at a mutually agreed time. Joint inspection by plumbing, electrical and building inspector. If work is not in compliance with State Building Codes, a letter will identify what alterations must be made prior to Certificate of Occupancy being issued.

CONTACT: Town of Danvers Inspectional Services Town Hall, 1 Sylvan Street, Danvers, MA 01923 Phone: (978) 777-0001 Website: https://www.danversma.gov/323/EFLA-Information

Danvers has not adopted the Stretch Energy Code. Your ADU project follows the Base Energy Code (IECC 2021 with MA amendments) using the prescriptive compliance path.

This means no HERS rater is required, which can save $500–$1,500 in testing costs. You still must meet minimum insulation, window, and mechanical efficiency standards per code, but you don't need a third-party energy rating.

Builders can optionally choose the ERI/HERS performance path for more design flexibility (e.g., trading off insulation thickness for higher-efficiency equipment).

As of February 2, 2025, the following Danvers EFLA provisions are preempted by state law (MGL c. 40A Section 3 as amended by the Affordable Homes Act; 760 CMR 71.03):

1. Owner-occupancy requirement -- Cannot require the property owner to live on the property
2. Family-member-only occupancy -- Cannot restrict ADU occupants to family members related by blood, marriage, or adoption
3. Special permit for detached ADUs (if on a conforming lot) -- By-right approval required under state law
4. Internal access/shared space requirement -- State law only requires a separate entrance; it does not mandate internal connectivity between the ADU and principal dwelling
5. Two-person occupancy limit for family members -- Cannot impose person limits based on family relationship

Provisions that may still apply if deemed "reasonable" under state law:

• 750 sq ft size limit (within state's 900 sq ft maximum, but may be challenged)
• Entrance location restrictions (side/rear only) -- likely a reasonable design standard
• Utility connection requirements -- may be challenged if they prevent feasible ADU construction
• Building permit and inspection process
• Deed restriction filing
• Standard dimensional conformity requirements (setbacks per zoning district)

Danvers is in a transitional period and may not yet have updated its local bylaws. However, the state law provides ADU rights regardless of whether the town has formally adopted updated bylaws.

• Town of Danvers EFLA Information Page: https://www.danversma.gov/323/EFLA-Information
• Danvers Zoning Bylaw (PDF): https://www.danversma.gov/DocumentCenter/View/260/Danvers-Zoning-Bylaw-PDF
• Massachusetts Affordable Homes Act (H.4977 / St. 2024, c. 150)
• 760 CMR 71.00: Protected Use Accessory Dwelling Units