ADUs are allowed in ChilmarkTypes:DetachedInternal
Types:DetachedInternal
Accessory Dwelling Unit (ADU) Rules for Chilmark, MA
Is your property eligible for an ADU?
# of Properties
2,203
Owner-occupied
8%
Zoning districts
7
Avg Home Value
$2,697,119
Median Lot Size
2.91 acres
Avg Income
$188,716
Residential Types:
2,203 housing units
Single Family
68%
Condos
23%
Other
9%
Zoning Districts:
2,308 parcels · 7 districts
1-3
38%(868)
6-3
19%(447)
3-3
18%(424)
2A3
9%(204)
Other
16%(365)
ADU Rules
What can you build in Chilmark, MA?
Chilmark, MA follows state and local rules for Accessory Dwelling Units. Here is a concise overview of the local rules.
Eligibility
- –Internal / Attached ADU: By Right
- –Detached ADU: By Right
Interior / Attached ADU Size Limits
- –Maximum ADU size of 800 sq ft; reduced to 400 sq ft on lots under 3 acres (approximation of where a Guest House is not permissible).
- –ADU must fit within remaining Total Living Area: 3,500 sq ft at 3 acres, adjusted ±250 sq ft per acre; allowed ADU equals that cap minus existing habitable area.
- –With a Special Permit for Total Living Area, the remaining TLA cap is 6,000 sq ft at 3 acres, adjusted ±250 sq ft per acre; allowed ADU equals that cap minus existing habitable area.
Detached ADU Size Limits
- –Maximum 800 sq ft for a detached accessory dwelling (Guest House or accessory apartment); note possible 400 sq ft cap if a Guest House is not allowed and a historic-house exception may allow more; overall lot living area caps also apply.
Max Units
- –1 Accessory Apartment per single-family lot (attached or detached) by Special Permit.
- –Combination: 1 Accessory Apartment + 1 Guest House may be on the same property; no property may have more than 1 Guest House.
Rental Restrictions
- –Short-term/vacation rentals prohibited; occupancy limited to affordable rental or immediate family/caregiver.
- –Affordable: year-round to eligible tenants (rent-capped); family/caregiver: year-round; seasonal caregiver only by special permit while owner in residence.
ADU State Law
What can you build in Massachusetts?
- –ADUs allowed by right: ADUs are permitted by right in all single-family zones across Massachusetts, except Boston, starting on February 2, 2025.
- –Applies to any residential dwelling in any zoning district that allows single-family homes, whether by-right or by special permit.
- –Municipalities may be more permissive than the state law, but cannot impose stricter requirements than those set by the state.
- –ADU size allowance: Municipalities must allow an ADU to be at least the lesser of 900 sq ft or 50% of the Gross Floor Area of the primary dwelling.
- –Municipalities can regulate the design, dimensional standards, and safety of ADUs but cannot apply stricter rules than for the principal dwelling. (But may be stricter in historic districts).
- –No minimum lot size: Municipalities cannot require a minimum lot size for the development of an ADU.
- –In a formal review, the Massachusetts Attorney General ruled that towns cannot use Floor Area Ratio (FAR) limits to restrict ADUs. Because FAR is based on lot size, and the law prohibits using lot size to limit ADUs, these local rules cannot override the state's size allowances. If the ADU meets state guidelines, it must be permitted, even if it exceeds local FAR thresholds.
- –The MA Attorney General has also disapproved of maximum footprint limits, since they conflict with the state's as-of-right allowance for ADUs up to 900 sq ft or half the main home's gross floor area.
- –Owner-occupancy is not required: Municipalities cannot require the property owner to live on the lot.
- –No family relationship requirement: Municipalities cannot require a family relationship between the occupants of the ADU and the primary home.
- –Short-term rental restrictions: Municipalities may regulate short-term rentals (e.g., Airbnb), but cannot restrict long-term rentals of ADUs (i.e. greater than 30 days).
- –Nonconforming lots or structures: Municipalities cannot prohibit the construction of an ADU just because the property is nonconforming (e.g., existing nonconforming setbacks, lot size).
- –Towns may only require one additional parking space for the ADU.
- –No parking requirements if the property is located within ½ mile of public transit (bus, train, subway, or ferry).
What's allowed on your lot?
These are the municipality-wide rules. What's allowed on a specific property also depends on state laws, setbacks, floor area ratio, lot coverage, environmental constraints, topography, and other property-specific factors. Search your address on FutureLot to see what's allowed on your property.
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ADU rules in other Massachusetts municipalities
Rules change at the town line. Check the municipality your property is actually in.
Dukes County