Amherst Developers and the ADU Bylaw: Are They Flouting the Rules?
Key Insights
ADU Building Boom:: Amherst has seen a significant increase in ADU permits, with at least 21 issued in the last five months.
Bylaw Concerns:: Several permitted 'protected use' ADUs appear to exceed the allowed 900 square feet by including finished second-floor space, which the Building Commissioner considers 'attic' space and thus exempt from gross floor area (GFA) calculations.
'Attic Loophole':: Critics argue this interpretation allows developers to build substantially larger units than intended, potentially leading to higher occupancy and straining local resources.
Conflicting Interpretations:: Town officials and residents disagree on whether this 'attic loophole' aligns with the bylaw's original intent.
Why This Matters:: The dispute could impact neighborhood density, parking availability, tax revenue, and the overall effectiveness of Amherst's housing policies.
In-Depth Analysis
Amherst adopted a two-tiered ADU bylaw in November 2025 to comply with state law, permitting 'protected' ADUs (up to 900 sq ft) and 'local' ADUs (up to 1,200 sq ft with owner-occupancy requirements). The controversy centers on the interpretation of 'gross floor area' (GFA) and whether finished attic space should be included in that calculation.
Building Commissioner Rob Morra interprets the bylaw to exclude attic space from GFA, even if it's finished and habitable, as long as it meets certain size requirements. This interpretation is based on the zoning bylaw's definition of 'story.'
Critics, including CRC Chair Pam Rooney, argue that finished attic space should be included in GFA, as it effectively increases the unit's living area and potential occupancy. They worry that the 'attic loophole' undermines the bylaw's intent to limit ADU size and prevent overcrowding.
The debate also touches upon the role of the town's attorney, KP Law, which advised against including 'habitable space' in the GFA definition due to potential legal challenges. This decision, according to some, paved the way for the current controversy.
FAQs
Q: What is an ADU?
An Accessory Dwelling Unit (ADU) is a self-contained housing unit located on the same lot as a primary residence.
Q: What is the 'attic loophole' in Amherst's ADU bylaw?
It refers to the Building Commissioner's interpretation that finished attic space does not count towards the gross floor area of an ADU, allowing for larger units than intended.
Q: What are the potential consequences of this loophole?
Potential consequences include increased neighborhood density, strained parking, and a circumvention of the bylaw's original intent.
Key Takeaways
Be aware of local zoning bylaws and their potential loopholes.
Engage with local government and voice concerns about development projects.
Understand how ADU regulations can impact neighborhood density and housing affordability.
The town could amend the definition of “attic” in the Zoning Bylaw to cover only uninhabitable space. That change would also apply to single-family homes but could serve as an interim measure until the problems with the state bylaw are resolved.
Discussion
Do you think Amherst's 'attic loophole' should be closed? How do you believe towns should balance the need for affordable housing with concerns about neighborhood density? Share this article with others who need to stay ahead of this trend!
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