Owner-Occupancy Requirement

Appears Inconsistent

Duxbury, Plymouth County

Use & Occupancy
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What This Means for Your Project

This provision appears inconsistent with G.L. c. 40A §3 and is subject to statutory override. However, it may still appear in Duxbury's local code and could create confusion during the permitting process. Builders should be prepared to cite state law if this comes up.

State Law

MGL c.40A §3 (as amended by Ch. 150) — towns may not require owner-occupancy for ADUs as a protected use.

Local Bylaw

Old bylaw requires owner to reside in either ADU or primary dwelling.

Impact on Your Project

State law prohibits owner-occupancy requirements. Unenforceable.

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