Owners of an Edgartown home are filing a lawsuit against the town and its zoning board for its denial of a special permit for an accessory dwelling unit (ADU) located on their property on Windsor Drive.
According to court documents, the complaint filed by Ted and Roberta Scallet claims the town’s denial violates the state’s recently passed Affordable Homes Act, Edgartown zoning bylaws, and the right to due process; they are looking for the courts to review the decision.
It is likely one of the first court cases filed on the Island involving newly established accessory dwelling unit bylaws that passed through the state last year and at town meetings across the Island this past spring. The law, signed by Governor Maura Healey, was intended to make it easier for homeowners to develop accessory units — also known as in-law apartments or ADUs — for the development of more housing.
In Edgartown, the Scallet’s are hoping to replace an existing shed, currently located five feet from the property line, with a one-car garage with an upstairs ADU, which would be positioned 10 feet from the property line. According to court documents, the ZBA denied the permit on July 28, due to the proposed ADU violating the town of Edgartown’s 25-foot setback rule. The ZBA claimed they lacked authority to approve the construction, according to court documents.
According to court documents, Scallet believes the town’s denial of a permit to construct the ADU violates the new affordable homes law in multiple ways, one of which is the fact the town is requiring the Scallets to obtain a special permit at all. The Affordable Homes Act has special protections, which they said would exempt them from requiring a special permit.
The Scallets are also arguing the denial is inconsistent with local zoning practices and that many neighboring properties have structures already closer than 25 feet from property lines, due to being built under older zoning laws. They argue the ADU is screened by trees and supported by three neighboring abutters and would not negatively impact the area.
According to court documents, Scallet also claims the ZBA rushed the hearing. According to court documents, the Chair of the zoning board refused to allow Scallet to speak and announced that he was already late for his dinner reservation after denying their application at the hearing.
According to court documents, after a hearing on July 16, the Edgartown Board of Health (BOH) submitted a letter to the Scallets on July 21 bringing up septic system limitations, saying the system was “maxed out,” an issue that was not raised during the hearing, denying Scallet a chance to respond to the issue.
I’ve never heard of a 25’ setback in Edgartown?
Yes in 3 diffrent zones of Edgartown it has had 25 ft setbacks on sides and rear of property line, for almost as long as there has been zoning. Nice to see zoning being enforced. This owner must be a lawyer or a sue happy person as ADU homes need to meet zoning and now the town has to spend money defending itself. We need tort reform so when this owner loses he has to pay the towns legal cost.
Tisbury is doing the same thing to me for a garage apartment they have given me 14 days to vacate over a door frame in the land lord’s house. They gave us no way to make it “habitable”. They would rather see residents on the street than work with home owners who open their doors to affordably try and address the housing crisis. It may have not been perfect but it was a year round stable roof over my head and my pet’s heads. Evictions have more time than I was given!! How can we find solutions if the towns are still enforcing rules that are antiquated and leave no room for those of us who would sacrifice everything just to remain and serve our communities?
Cry about affordable and then stand in the way. Somethings never change!
As a local general contractor, I’ve been receiving more and more calls from homeowners who want to build Accessory Dwelling Units (ADUs). These small secondary homes—whether over a garage, in a basement, or as a detached cottage—are one of the most practical answers to our island’s housing shortage. They allow families to house aging parents, provide year-round rentals for workers, and create much-needed affordable housing options.
Unfortunately, our current system is discouraging people from moving forward. Town regulations and zoning enforcement make the process complicated, and the wait for a building permit can stretch to six months or more. I’ve watched countless homeowners give up on their ADU projects, not because of lack of interest or financing, but because of the red tape.
We can do better. Streamlining the ADU approval process should be a top priority for our towns. Simplifying zoning requirements, offering clearer guidance to homeowners, and setting reasonable timelines for permit review would immediately open the door for more housing opportunities. Other communities across Massachusetts have already adopted policies that encourage ADUs as part of a broader housing solution—we should do the same.
This isn’t just about construction. It’s about keeping families together, supporting our workforce, and addressing the housing crisis in a practical, community-based way. Homeowners want to build. Contractors are ready to work. What we need now is for our towns to remove unnecessary barriers and make ADUs a real, accessible .