Special Permit Requirement

Appears Inconsistent

Duxbury, Plymouth County

Process & Administration
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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 — ADUs that meet state requirements must be allowed by right with no special permit or variance.

Local Bylaw

Old bylaw requires special permit from Board of Appeals for ADUs.

Impact on Your Project

State law requires by-right permitting. Unenforceable.

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