Salisbury

• Salisbury has an older "Accessory Apartments" bylaw (Article XI, Sections 300-57 through 300-60) that has NOT been updated to reflect the Massachusetts Affordable Homes Act effective February 2, 2025.
• Under state law, ADUs up to 900 sq ft are now allowed by right in Salisbury, despite the local bylaw still technically requiring a ZBA special permit. The special permit requirement is preempted.
• Several key local provisions are preempted by state law: owner-occupancy requirement, 20,000 sq ft minimum lot size, two parking spaces per dwelling unit, and the special permit/Planning Board consultation process.
• Provisions that likely still apply include the 900 sq ft maximum, 25% lot coverage limit, septic/Title 5 compliance, separate entrance requirement, and one ADU per lot limit.
• No updated ADU bylaw was found as of February 2026; the town appears to be relying on state law defaults.

Because Salisbury has not updated its local bylaw, the permit process is governed by state law defaults:

1. Prepare application: Gather site plan, floor plans, and any documentation showing the proposed ADU complies with applicable dimensional requirements, Title 5 septic regulations, and building codes.
2. Submit Building Permit application: Apply to the Building Inspector. Under state law, ADUs up to 900 sq ft are allowed by right and cannot be subjected to a special permit or public hearing.
3. Board of Health review: The Board of Health may still require certification that septic/sewage disposal is adequate, particularly if no municipal sewer connection is available. A separate septic system meeting Title 5 may be required.
4. Building Permit issuance: If the ADU meets state law requirements, applicable dimensional standards, and health/safety codes, the Building Permit must be issued.
5. Note: The local bylaw's special permit process (ZBA application, Planning Board consultation, public hearing) is preempted by state law and should NOT be required for ADUs up to 900 sq ft. However, because the local bylaw has not been formally updated, homeowners may encounter confusion at the local level and should be prepared to cite state law (MGL c. 40A, Section 3; 760 CMR 71.00).

• Maximum size: 900 square feet for all new construction or additions to existing residential structures (per local bylaw Section 300-59.A, which aligns with state law).
• Lot coverage: Total area of enclosed space in all buildings on the lot may not exceed 25% of the lot area (per local bylaw Section 300-59.A). This may still apply as a reasonable local regulation, but its enforceability for ADUs specifically has not been tested.
• Separate entrance: Adequate provision for ingress and egress to the outside from the apartment (per local bylaw Section 300-59.D, consistent with state law).
• Building and health codes: Must comply with all applicable building, health, and safety codes.
• State law baseline: Under state law, ADUs may be attached, detached, or internal; up to 900 sq ft or 50% of principal dwelling (whichever is smaller); with a separate entrance either from outside or through a shared entry hall.

• State law governs: Maximum of 1 parking space may be required for the ADU. The local bylaw's requirement of 2 parking spaces per dwelling unit is preempted.
• Transit exemption: No parking may be required for an ADU within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station (per 760 CMR 71.03).
• Parking character: The local bylaw requires parking to be "consistent with the character of a single-family residence" (Section 300-59.G). This qualitative standard may still apply if deemed reasonable.

• Outdated bylaw: Salisbury's Accessory Apartments bylaw (Article XI) has not been updated since the state Affordable Homes Act took effect. Homeowners should be aware that many provisions on the books are legally unenforceable, but local officials may not yet be fully aware of the preemptions.
• Septic compliance: Title 5 septic compliance remains a valid requirement. Properties without municipal sewer connections may need a separate septic system, which can be costly and may limit feasibility on smaller lots.
• 25% lot coverage: The total enclosed space limit of 25% of lot area across all buildings may still apply. Homeowners with significant existing structures should calculate whether an ADU would exceed this threshold.
• State law as primary guide: Until Salisbury adopts an updated ADU bylaw, homeowners should rely primarily on state law (760 CMR 71.00) for their rights and the local bylaw only for provisions that are clearly reasonable and consistent with state law.
• Potential for local confusion: Because the local bylaw still references the old special permit process, homeowners may need to educate local officials or cite state law to secure by-right approval.

Article XI - Accessory Apartments

Section 300-57. Purpose.

The special regulations contained in this article have been enacted for the purpose of encouraging the construction of a limited number of housing units suitable for occupancy by persons that may not need or afford single-family detached housing, while ensuring compliance with local planning standards and policies concerned with land use, building design, and requirements of the health, safety, convenience and general welfare of the inhabitants of the Town.

Section 300-58. Approving authority. [Amended 10-25-1999 ATM by Art. 7; 10-26-2009 ATM by Art. 19]

An owner or owners of a single-family detached dwelling may, after consultation with the Planning Board, apply to the Zoning Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit as part of the principal residential structure, the accessory dwelling unit thus created being hereinafter referred to in this article as an apartment. The following procedural requirements shall be in addition to the general requirements for a special permit specified in Section 300-35.

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

Section 300-59. Standards and conditions.

After notice and public hearing, and after due consideration of the reports and recommendations of the Planning Board and the Board of Health, the Zoning Board of Appeals may grant such a special permit provided that:

A. The apartment is accessory to the principal residence. The floor area of the apartment shall not be more than 900 total square feet for all new construction or additions to existing residential structures, and the total area of the enclosed space in all buildings on any lot does not exceed 25% of the area of the lot. [Amended 10-25-1999 ATM by Art. 7]

B. Either the apartment or the principal residence is occupied by the owner of the lot on which the apartment is to be located, except for bona fide temporary absences. [PREEMPTED: State law prohibits owner-occupancy requirements.]

C. Adequate provision has been made for the disposal of sewage, waste, and drainage generated by the occupancy of such apartment in accordance with the requirements of the Board of Health and the Board of Selectmen, including the provision of a separate septic system meeting Title Five requirements if a sewerage connection is not available. [Amended 10-25-1999 ATM by Art. 7; 10-23-2006 ATM by Art. 5]

D. Adequate provision has been made for ingress and egress to the outside from such apartment.

E. The construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located or injurious to persons or property.

F. The lot on which the apartment and principal residence are located contains at least 20,000 square feet. [LIKELY PREEMPTED: State law does not permit lot size minimums for ADUs.]

G. Adequate provision has been made for off street parking of motor vehicles in such a fashion as is safe and is consistent with the character of a single-family residence. Parking shall be provided at least at a rate of two spaces per dwelling unit. [PREEMPTED IN PART: State law limits parking requirement to maximum 1 space per ADU (0 within 0.5 miles of transit). Two spaces per dwelling unit exceeds state maximum.]

H. There is no other apartment on the lot on which the apartment is to be located.

Section 300-60. Coordination and decisions.

A. In order to insure compliance with Section 300-59 above, the applicant shall obtain and submit to the Zoning Board of Appeals, prior to the hearing, a written report of the Board of Health certifying that the conditions of Section 300-59 have been met. The Board of Health may supplement its report within five days after the hearing.

In connection with an application for a special permit under this article, the applicant shall consult with the Planning Board prior to the hearing and the Planning Board shall submit, in writing, prior to the hearing, its recommendation and report to the Zoning Board of Appeals. The Planning Board may supplement its report within five days after the hearing.

The report of the Planning Board shall include as a minimum:

(1) A determination of the area of the lot on which the apartment is located.

(2) A general description of the neighborhood in which the lot lies and the effect of the proposed apartment on the neighborhood.

(3) The Planning Board's recommendations as to the advisability of granting the special permit and as to any restrictions which should be imposed as a condition of such permit.

B. The Zoning Board of Appeals shall give due consideration to the report of the Planning Board and, where its decision differs from the recommendation of the Planning Board, shall state the reasons therefor in writing. In rendering its decision, the Zoning Board of Appeals may impose special conditions and/or time limits on the permit.

Salisbury 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.

Salisbury's Accessory Apartments bylaw (Article XI) was adopted well before the Massachusetts Affordable Homes Act and has not been updated as of February 2026. The following provisions are preempted by state law (MGL c. 40A, Section 3; 760 CMR 71.03) effective February 2, 2025:

1. Special permit requirement (Section 300-58): ADUs up to 900 sq ft are now allowed by right. The ZBA special permit process cannot be required.
2. Owner-occupancy requirement (Section 300-59.B): State law prohibits municipalities from requiring owner-occupancy of either the ADU or the principal dwelling.
3. 20,000 sq ft lot minimum (Section 300-59.F): State law prohibits minimum lot size requirements specific to ADUs.
4. Two parking spaces per dwelling unit (Section 300-59.G): State law limits parking to a maximum of 1 additional space for an ADU (0 within 0.5 miles of transit).
5. Planning Board consultation/report process (Section 300-60): The entire multi-board review process was part of the special permit procedure and is no longer required for by-right ADUs.

Provisions that may still apply as reasonable local regulations:

• 900 sq ft maximum (aligns with state law)
• 25% lot coverage limit (may be considered reasonable)
• Septic/Title 5 compliance (reasonable health/safety regulation)
• Separate entrance requirement (consistent with state law)
• One ADU per lot (consistent with state law)
• Building and health code compliance

• Town of Salisbury Zoning Bylaw Article XI (ecode360): https://ecode360.com/10445930
• Town of Salisbury official website: https://www.salisburyma.gov
• Massachusetts Affordable Homes Act (H.4977 / St. 2024, c. 150): https://www.mass.gov/info-details/accessory-dwelling-units
• 760 CMR 71.00 (Protected Use Accessory Dwelling Units): https://www.mass.gov/regulations/760-CMR-7100-protected-use-accessory-dwelling-units