Peabody

• Peabody uses the term "Family Accessory Living Area" (FALA) in its local zoning ordinance (Section 6.7), but state law now governs ADU rights.
• Under state law (effective February 2, 2025), ADUs up to 900 sq ft or 50% of the principal dwelling are allowed by right -- no special permit required, despite the local ordinance still referencing special permits.
• The local FALA ordinance imposed heavy restrictions (family-only occupancy, owner-occupancy, no detached units, 25% size cap, personal permits) -- most are now preempted by state law.
• Attached, detached, and internal ADUs are all permitted under state law, overriding Peabody's local prohibition on detached units.
• The local 1-bedroom limit may still apply but could be challenged as unreasonable.

1. Under state law, no special permit is required for a Protected Use ADU (up to 900 sq ft on a conforming lot). The local special permit process referenced in Section 6.7.3.A is preempted.
2. Contact the City of Peabody Building Department to confirm the current application process, as local procedures may not yet fully reflect state preemption.
3. Submit a standard building permit application.
4. Ensure compliance with applicable building, health, and safety codes.
5. Dimensional requirements for additions (setbacks, lot coverage) still apply per zoning district:
   • R-1A: 20,000 sq ft min lot, 30 ft front, 15 ft side, 30 ft rear setback
   • R-1: 10,000 sq ft min lot, 25 ft front, 10 ft side, 25 ft rear setback
   • R-2: 10,000 sq ft min lot, 20 ft front, 10 ft side, 20 ft rear setback
   • R-3: 7,500 sq ft min lot, 15 ft front, 8 ft side, 15 ft rear setback
6. Pass all required inspections.
7. Obtain certificate of occupancy before use.

• State law maximum: 900 sq ft or 50% of the principal dwelling gross floor area, whichever is smaller
• Local FALA limit: 25% of gross floor area of the existing single-family dwelling (this is likely preempted as unreasonably restrictive under state law, which allows 50%)
• Bedrooms: Local ordinance limits FALAs to no more than 1 bedroom. This may still apply but could be challenged as unreasonable.
• Exterior appearance: The FALA shall not result in any substantial change to the exterior appearance of the dwelling so as to change the single-family residential character of the neighborhood -- this is likely enforceable as a reasonable design standard.
• Entrance: No more than one entrance visible from any public way.
• Signage: Signs indicating the existence of a FALA are prohibited.
• No new curb cuts: No new curb cuts may be created in conjunction with a FALA.
• Additions: If the FALA is created through an addition, it must comply with applicable dimensional requirements of the zoning ordinance.

• Local ordinance requires "adequate off-street parking" with no new curb cuts.
• Under state law (760 CMR 71.03), municipalities may require a maximum of 1 parking space for ADUs located more than 0.5 miles from transit.
• 0 parking spaces required if within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station.
• The no-new-curb-cuts provision is likely enforceable as a reasonable access requirement.

• FALA terminology: Peabody's zoning ordinance (through Ordinance Z1-24, enacted December 12, 2024) still uses "Family Accessory Living Area" (FALA) terminology. This predates and is more restrictive than the state ADU framework.
• Personal-to-applicant permits: Under the local ordinance (6.7.3.M.1), FALA special permits were personal to the applicant and automatically lapsed upon sale or transfer. This provision is preempted since no special permit is required under state law.
• Annual affidavits and inspections: The local ordinance required annual affidavits and granted the building inspector annual inspection rights (6.7.3.M.2-3). These provisions were tied to the special permit system and may not apply to by-right ADUs.
• One-bedroom limit: The local 1-bedroom cap is unique and could be challenged as unreasonable. However, it has not been explicitly tested against the state reasonableness standard.
• 25% size cap: The local limit of 25% of gross floor area is significantly more restrictive than the state's 50%. This is very likely preempted as it would prevent ADU construction on many properties.

The following is the full text of Peabody Zoning Ordinance Section 6.7 as captured from Municode (through Ordinance Z1-24, enacted December 12, 2024):

SECTION 6.7 - FAMILY ACCESSORY LIVING AREAS REQUIREMENTS

6.7.1 Purpose. The requirements and procedures outlined in this section are not intended to encourage the public in acquiring variances to allow for the construction of larger dwellings for the use of accessory living areas, instead, they are intended to:

A. Assist families in Peabody to provide alternative housing options for their family members, not permanent housing, nor rental, but temporary housing to deal with family situations.

B. Create feasible housing alternatives for elderly people or other family members looking to stay in their homes, yet receive help they need for other family members, and to encourage a diverse population with a particular focus on young adults and senior citizens.

C. Increase the range of owner-occupied housing accommodations and encourage a more economic and energy-efficient use of the city's housing supply while preserving the character of the city's single-family neighborhoods by establishing parking, size, and family member occupancy guidelines.

D. Ensure housing safety standards are maintained.

6.7.2 Terms.

A. "Family Accessory Living Area" (FALA): A self-contained housing unit incorporated within or added to an existing single-family dwelling, which is clearly subordinate and incidental to the primary use of the building as a single-family dwelling, and which provides complete independent living facilities including provisions for living, sleeping, eating, cooking, and sanitation for no more than two related persons.

B. "Related person" shall mean the owner or a member of the owner's family, including a parent, grandparent, brother, sister, child, grandchild, aunt, uncle, in-law, nephew, or niece of either the principal dwelling unit's owner or said owner's spouse, and shall include a domestic partner.

[NOTE: Under state law effective Feb 2, 2025, this family-member restriction is PREEMPTED. ADUs cannot be restricted to family members only.]

6.7.3 General Provisions.

A. A FALA shall be allowed only on the same lot as a single-family dwelling by the granting of a special permit by the special permit granting authority.

[NOTE: Under state law effective Feb 2, 2025, ADUs up to 900 sq ft are allowed BY RIGHT. No special permit is required.]

B. There shall be no more than one FALA per lot and it shall contain no more than one bedroom.

C. The FALA shall not be a separate structure from the single-family dwelling.

[NOTE: Under state law, DETACHED ADUs are also permitted. This restriction is PREEMPTED.]

D. One of the dwelling units (the principal dwelling unit or the FALA) shall be occupied by the owner of the lot on which the units are located.

[NOTE: Under state law, owner-occupancy requirements are PREEMPTED and cannot be imposed.]

E. The FALA shall be occupied only by a related person(s) as defined herein.

[NOTE: PREEMPTED by state law -- cannot restrict who lives in an ADU.]

F. The FALA shall be no larger than 25 percent of the gross floor area of the existing single-family dwelling.

[NOTE: State law allows ADUs up to 900 sq ft or 50% of principal dwelling, whichever is smaller. The 25% local limit may be preempted as unreasonably restrictive under the state reasonableness test.]

G. Adequate off-street parking shall be provided for the FALA; provided, however, that no new curb cuts may be created in conjunction with the establishment of a FALA.

H. The FALA shall not result in any substantial change to the exterior appearance of the dwelling so as to change the single-family residential character of the neighborhood.

I. The FALA shall have no more than one entrance visible from any public way.

J. Signage indicating the existence of a FALA shall be prohibited.

K. The FALA shall comply with all applicable building, health and safety codes.

L. A FALA may be created through a change in the interior of an existing dwelling or an addition to an existing dwelling. If the FALA is created through an addition to an existing dwelling, the addition shall comply with applicable dimensional requirements of this Ordinance.

M. Any special permit for a FALA shall be subject to the following conditions:

1. The special permit shall be personal to the applicant/owner and shall automatically lapse upon the sale or transfer of the property.

2. Upon issuance or renewal of the permit, and annually thereafter, the applicant/owner shall submit an affidavit to the building inspector certifying compliance with the FALA requirements.

3. The building inspector shall have the right to conduct annual inspections.

PEABODY ZONING -- ADDITIONAL RELEVANT SECTIONS:

SECTION 4 - USE REGULATIONS (Schedule of Use Regulations):

• FALAs are listed as a special permit use in residential districts
• Single-family dwellings permitted as-of-right in R-1A, R-1, R-2, R-3 districts

SECTION 7 - DIMENSIONAL REGULATIONS:

• Setback and lot coverage requirements vary by district:
  • R-1A: 20,000 sq ft min lot, 30 ft front setback, 15 ft side, 30 ft rear
  • R-1: 10,000 sq ft min lot, 25 ft front setback, 10 ft side, 25 ft rear
  • R-2: 10,000 sq ft min lot, 20 ft front setback, 10 ft side, 20 ft rear
  • R-3: 7,500 sq ft min lot, 15 ft front setback, 8 ft side, 15 ft rear

Peabody 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.

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

1. Special permit requirement (6.7.3.A) -- ADUs up to 900 sq ft are now allowed by right; no special permit can be required
2. Family-member-only occupancy (6.7.2.B, 6.7.3.E) -- Cannot restrict ADU occupants to related persons
3. Owner-occupancy requirement (6.7.3.D) -- Cannot require the property owner to live on the premises
4. No separate structure (6.7.3.C) -- Detached ADUs are expressly permitted under state law; municipalities cannot require ADUs to be attached
5. Personal-to-applicant permit (6.7.3.M.1) -- No special permit is needed, so the personal-to-applicant transfer restriction is moot
6. 25% size limit (6.7.3.F) -- Likely preempted as unreasonably restrictive; state law allows up to 900 sq ft or 50% of the principal dwelling

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

• One FALA per lot (6.7.3.B) -- consistent with state law's one-ADU-per-lot framework
• One-bedroom limit (6.7.3.B) -- may be challenged as unreasonable but has not been explicitly tested
• No new curb cuts (6.7.3.G) -- likely a reasonable access requirement
• Single-family character exterior (6.7.3.H) -- reasonable design standard
• One entrance visible from public way (6.7.3.I) -- reasonable design standard
• No signage (6.7.3.J) -- reasonable design standard
• Building/health/safety code compliance (6.7.3.K) -- always enforceable
• Dimensional requirements for additions (6.7.3.L) -- standard zoning applies
• Parking (subject to state cap of 1 space max, 0 near transit)

• Peabody Zoning Ordinance Section 6.7 (Municode): https://library.municode.com/ma/peabody/codes/zoning?nodeId=S6SPRE_6.7FAACLIARRE
• MassLandlords ADU Tracker: https://masslandlords.net/laws/adus/
• Massachusetts Affordable Homes Act (H.4977 / St. 2024, c. 150)
• 760 CMR 71.00: Protected Use Accessory Dwelling Units