To the Editor:
We are writing to let Edgartown property owners know that the town has changed its approach to the construction of new accessory dwelling units (ADUs) to resolve a lawsuit we filed last year. The zoning board of appeals had refused to issue a permit for a new garage ADU because we needed to build it 15 feet from our property line, and the lot is zoned for 25-foot setbacks. We argued in the lawsuit that a 2024 state law required the town to consider whether it would be reasonable to enforce the setback requirement if that would prevent the construction of an ADU.
The town offered to reconsider its position, and we refiled our application with the building inspector. She recently issued a permit allowing the garage ADU to be built 15 feet from our side boundary, based on her finding that the 25-foot setback requirement was an unreasonable restriction under the new law, because there is no other place on our property that we could build the ADU.
This decision has big implications for ADUs in Edgartown. Most of our part of town has half-acre lots that were laid out when we were in a zoning district with 10-foot side setbacks, but the area was later rezoned into a district with 1.5-acre minimum lots and 25-foot side setbacks. Because Edgartown has been unwilling to waive the increased setback requirement, it has been impossible for many of our neighbors to build new accessory structures. Now the town has recognized an exception under the new ADU law for accessory structures that have areas for sleeping, eating, and a bathroom.
We thank Inspector Reade Milne for her professionalism and willingness to work with us throughout the permitting process. ADUs can be an important part of the Vineyard’s efforts to create affordable housing, and we hope that other towns will follow Edgartown’s lead and re-examine their zoning requirements and procedures under the new law to make that happen.
Ted and Roberta Scallet
Edgartown