Owner-Occupancy Requirement
Appears InconsistentDuxbury, Plymouth County
Use & OccupancyWhat 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.
How Other Towns Handle Use & Occupancy
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