Saugus

• Saugus has a draft ADU bylaw (Section 12.4) that predates the state Affordable Homes Act and has not been updated to reflect state preemption.
• Under state law (effective February 2, 2025), ADUs are allowed by right in all single-family residential districts -- no special permit is needed, regardless of the draft bylaw's language.
• The draft bylaw's owner-occupancy requirements, family-member-only restrictions, 10,000 sq ft minimum lot size, and 2-parking-space mandate are all preempted by state law.
• The draft includes two ADU categories: "Family ADUs" and "Deed-Restricted (Affordable) ADUs" -- the family category's restrictions are largely unenforceable under state law.
• Until Saugus adopts a final bylaw compliant with state law, the state default rules under 760 CMR 71.00 govern Protected Use ADUs.

1. Confirm zoning district: Verify your property is in a single-family residential district (R-1 or R-2). Under state law, ADUs are allowed in all single-family residential districts.
2. Prepare plans: Submit site plans, floor plans, and elevations to the Building Inspector showing proposed changes.
3. Building permit application: Apply for a standard building permit through Inspectional Services. No special permit or Board of Appeals hearing is required under state law.
4. Title V compliance: Ensure sewage disposal meets Title V of the State Sanitary Code.
5. Building code compliance: Construction must conform to the Massachusetts State Building Code (780 CMR).
6. Certificate of occupancy: The ADU may not be occupied until a certificate of occupancy has been issued by the Building Inspector.

Note: The draft bylaw references a special permit process through the Board of Appeals, but this is preempted by state law. Contact Saugus Inspectional Services to confirm the current process.

• Maximum size: 900 square feet or 50% of the gross floor area of the principal dwelling, whichever is smaller (per state law). The draft bylaw's 33% / "whichever is greater" language conflicts with state law.
• Maximum bedrooms: The draft limits ADUs to 2 bedrooms and 3 occupants. The bedroom limit may still apply; the occupancy limit may be challenged.
• Appearance: The draft requires no change to the front facade and exterior stairs for egress on the side or rear only. These design standards may still apply as reasonable local regulation.
• Complete unit: Must be a self-contained housekeeping unit with kitchen and bath.
• Separate entrance: Required, either directly from the outside or through a shared entry hall.
• Types allowed: Under state law, attached, detached, and internal ADUs are all permitted. The draft bylaw's restriction to within existing structures and footprints is preempted.

• State law controls: Maximum 1 off-street parking space for the ADU.
• Transit exemption: No parking required if the ADU is within 0.5 miles of a commuter rail station, subway station, ferry terminal, or bus station.
• Draft bylaw (preempted): The draft required 2 private off-street parking spaces for ADU occupants. This exceeds the state maximum and is unenforceable.

• Draft vs. State Law: Saugus's ADU bylaw is a draft that was never finalized before the state Affordable Homes Act took effect. Many of its provisions are preempted. Builders should rely on state law as the baseline and confirm the current local process with Inspectional Services.
• Deed-Restricted Affordable ADUs: The draft includes a program for affordable ADUs under MGL c. 40B, with deed restrictions ensuring affordability at 80% AMI. This program may still be available -- contact the Saugus Affordable Housing Trust.
• No boarders or lodgers: The draft prohibits boarders or lodgers in either the primary dwelling or ADU.
• Disability accommodations: The draft allows the Board of Appeals to grant reasonable deviations for disabled individuals and persons with limited mobility.
• Violations: Saugus Zoning Bylaw Section 10 applies to violations and enforcement.

The following is the full text of the Saugus draft bylaw (Section 12.4). Annotations in brackets indicate provisions preempted by state law.

ARTICLE XII - SPECIAL PERMITS AND CONDITIONS

12.4 Section I. ACCESSORY DWELLING UNITS

GENERAL REQUIREMENTS

1) Purpose

The purpose of this Bylaw is to enable owner occupants of single family homes to provide:

a. Safe, decent, and affordable housing that meets the changing needs of the Saugus community while protecting the character and property values of the Town's single-family residential neighborhoods.

b. An opportunity for family members who choose to live in proximity, but separate from other family members;

c. Homeowners with a means of obtaining rental income, companionship, and/or security, thereby enabling them to remain more comfortably in homes and neighborhoods they might otherwise be forced to leave;

d. Housing for persons with disabilities;

e. Affordable rental property in the Town of Saugus that meets the regulations of M.G.L. Chapter 40B, Sections 20 to 23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

This Bylaw shall achieve these goals by providing owner-occupants of single-family homes with the option of creating two categories of Accessory Dwelling Units: family units and affordable units.

2) Definitions

a. Accessory Dwelling Unit: An Accessory Dwelling Unit is a self-contained housing unit incorporated within a single-family dwelling, (not within accessory structures in accordance with this By-law) that is clearly a subordinate part of the single-family dwelling and complies with the criteria stated in the following subsections.

b. Deed-Restricted Accessory-Dwelling Units (Affordable): An Accessory Dwelling Unit designated for households earning at or below 80% of the Area Median Income for the Boston MSA, carrying a deed-restriction ensuring the unit's affordability to said households using affirmative marketing and outreach to households in need following M.G.L. Chapter 40B, Sections 20-23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

c. Family Accessory Dwelling Unit: For the purposes of carrying out the intent of this by-law, family accessory dwelling units shall be designated for one or more persons related to the primary owner-occupant, specifically: parents, grandparents, children and their respective spouses, grandchildren, siblings, nieces, nephews, aunts, and uncles. [PREEMPTED: State law prohibits family-member-only restrictions]

d. Primary Residence: A dwelling where the owner-occupant has a true, fixed, and permanent home and principal establishment, and occupies it for a major portion of a calendar year, except for bona-fide temporary absences.

3) Applicability

An accessory dwelling unit shall be permitted in the Residential A - Single Family R-1 and Residential B - Single Family R-2 districts only when added to an existing dwelling unit and does not increase the existing building footprint. All accessory dwelling units shall meet the same criteria, except relative to those with restrictions under M.G.L. Chapter 40B Sections 20 to 23 and 760 CMR 56.00, Local Initiative Program for Accessory Apartments.

[NOTE: State law now requires ADUs to be allowed in ALL single-family residential districts, including attached, within, and detached structures. The "existing footprint only" restriction and district limitations may be preempted.]

PROCEDURES

1) Use and Dimensional Regulations for both Family and Deed-Restricted ADUs

a. ADUs, both Family and Deed-Restricted, created under this by-law shall require a special permit from the Board of Appeals. [PREEMPTED: State law requires by-right approval, no special permit needed]

b. The Board of Appeals may issue a special permit when the following conditions are met:

i. The unit will be a complete, separate housekeeping unit containing both a kitchen and bath.

ii. Only one (1) accessory dwelling may be created within a dwelling.

iii. The lot shall have a minimum lot size of 10,000 square feet. [NOTE: State law prohibits minimum lot size requirements for ADUs]

iv. The owner(s) must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences. [PREEMPTED: State law prohibits owner-occupancy requirements]

v. The accessory dwelling must be designed so that the appearance of the building remains unchanged, and there shall be no change to the front facade. Any new exterior stairs for egress shall be located on the side or rear of the building.

vi. The gross floor area shall not be greater than 900 square feet or 33% of the total square footage of the primary dwelling unit, whichever is greater. The unit may not be enlarged beyond the square footage allowed unless the Board of Appeals approves modifications that will not exceed the use and dimensional regulations by more than 10%. [NOTE: State law allows 900 sq ft or 50% of principal dwelling, whichever is SMALLER. The 33% limit and "whichever is greater" language conflicts with state law.]

vii. An accessory dwelling unit may not be occupied by more than three (3) people nor have more than two (2) bedrooms.

viii. Construction must be in conformity with State Building Code, Title V of the State Sanitary Code and other local Bylaws and regulations.

ix. Off-street parking shall be available for owner-occupant(s) and tenants. Two private off-street parking spaces shall be available for occupants of the accessory dwelling. [PREEMPTED: State law limits parking to maximum 1 space, 0 near transit]

x. The Board of Appeals may allow reasonable deviation for disabled individuals and persons with limited mobility to install features that facilitate access and mobility.

2) Family Accessory Dwelling Units (additional requirements)

a. Owner-occupants shall submit a signed affidavit denoting familial status with the Board of Appeals. [PREEMPTED: Family-member restrictions not allowed under state law]

b. Owner-occupant shall annually re-certify the status of occupants and family status with the Building Inspector. Must notify of tenant changes within 30 calendar days.

c. The use shall lapse upon changed or transferred ownership, and the owner shall record a notice of cancellation with the Registry of Deeds.

3) Deed-Restricted Accessory-Dwelling Units

a. All affordable ADUs shall comply with Section 1 Use and Dimensional Regulations.

b. A special permit from the Board of Appeals shall be required.

c. Applicants must demonstrate compliance with M.G.L. Chapter 40B, Sections 20-23 and 760 CMR 56.00, including:

i. Execution of a Regulatory Agreement for Affordable Accessory Apartment Projects and a declaration of restrictive covenants.

ii. Said agreements shall provide that while the special permit remains in effect, the property is subject to restrictive covenants.

iii. Owner(s) shall record agreements in the Essex South District Registry of Deeds or Land Court.

iv. The lease may be terminated at anytime, but owner must provide existing tenant at least 60 days prior written notice that a lease will not be renewed.

4) Administration and Enforcement

• Town Manager shall appoint a Local Project Administrator for affordable (deed-restricted) ADUs.
• Building Inspector shall enforce all provisions.

a. No building shall be constructed or changed until Building Inspector has issued a permit. No ADU shall be occupied until a certificate of occupancy has been issued.

b. Building Inspector shall refuse to issue any permit that would violate this by-law.

c. Construction must conform to any subsequent amendments unless begun within 6 months of permit issuance and completed in a continuous and expeditious manner.

d. The primary homeowner unit must remain owner-occupied, continuing to occupy at least one of the dwelling units as their primary residence for a minimum of 185 days per calendar year. Under no circumstance may both the primary and accessory unit be simultaneously occupied by tenants. [PREEMPTED: Owner-occupancy requirements not allowed under state law]

e. There shall be no boarders or lodgers within either the primary dwelling or accessory dwelling unit.

f. Any accessory living area without proper documentation recorded and filed with the Town will be subject to fines noted in the Saugus Zoning Bylaw Section 10.

g. Saugus Zoning Bylaw Section 10 shall be applied for violations, prosecution of violations, and building fees.

h. Appeals shall refer to the procedures in the Saugus Zoning Bylaw Section 11.4.

i. ADUs created under this Bylaw shall not be sold separate or apart, as a condominium, from the principal structure to which it is an accessory use.

Saugus 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 Saugus draft bylaw predates the state Affordable Homes Act (H.4977, Chapter 150 of the Acts of 2024). As of February 2, 2025, the following draft provisions are preempted and unenforceable for Protected Use ADUs:

1. Special permit requirement (Sec. 1.a) -- ADUs are now allowed by right under state law.
2. Owner-occupancy requirement (Sec. 1.b.iv, 4.d) -- State law prohibits requiring the owner to live on the property.
3. Family-member-only restrictions (Sec. 2) -- State law prohibits restricting who may live in the ADU.
4. Minimum 10,000 sq ft lot size (Sec. 1.b.iii) -- State law prohibits minimum lot size requirements for ADUs.
5. Two parking spaces (Sec. 1.b.ix) -- State law limits parking to a maximum of 1 space, with 0 required near transit.
6. Within existing footprint only (Sec. 3 Applicability) -- State law requires that attached, detached, and internal ADUs all be permitted.
7. 185-day owner-occupancy (Sec. 4.d) -- Owner-occupancy requirements are prohibited.
8. Lapse upon ownership transfer (Sec. 2.c) -- State law prohibits tying the permit to a specific owner.
9. Annual family recertification (Sec. 2.b) -- Family restrictions are preempted, making recertification moot.

Provisions that may still apply (reasonable local regulation):

• Maximum 900 sq ft (consistent with state law)
• Building code, Title V, sanitary code compliance
• Certificate of occupancy requirement
• Prohibition on condo conversion / separate sale
• Design standards (facade preservation, exterior stairs location)
• Maximum 2 bedrooms (may be challenged)

• Saugus Draft ADU Bylaw (Section 12.4): https://www.saugus-ma.gov/affordable-housing-trust/files/saugus-accessory-dwelling-bylaw-draft
• Town of Saugus website: https://www.saugus-ma.gov
• Saugus Zoning Bylaws: https://www.saugus-ma.gov/inspectional-services/files/zoning-laws
• Massachusetts Affordable Homes Act (H.4977): https://www.mass.gov/info-details/accessory-dwelling-units
• 760 CMR 71.00 (Protected Use ADUs): https://www.mass.gov/regulations/760-CMR-7100-protected-use-accessory-dwelling-units