- A dispute has arisen between Cape Cod National Seashore officials and at least one Cape town regarding the legality of accessory dwelling units (ADUs) within Seashore boundaries.
- Seashore Superintendent Jennifer Flynn argues that the 1961 enabling legislation defines "improved property" as a single dwelling, prohibiting ADUs.
- Truro officials contend that ADUs are permissible and intend to implement their local bylaw allowing them, despite the Seashore's stance.
A dispute about whether accessory dwelling units can be allowed within Cape Cod National Seashore boundaries may be heating up in two Cape towns.
Wellfleet Select Board member Barbara Carboni brought up a legal disagreement that the neighboring town of Truro has with the Seashore at an April 15 Wellfleet Select Board meeting. Carboni's day job is as land use counsel for Truro. She wants the Wellfleet Select Board to get legal advice on whether the extra residential units would be allowed on private lots within the Seashore in Wellfleet.
Seashore regulations prohibit them, according to Seashore Superintendent Jennifer Flynn’s reading of the enabling federal legislation passed in 1961. She said at an April 7 Seashore Advisory Commission meeting that the legislation defines an “improved property” as a single dwelling.
The boundaries of the Seashore cross six Cape towns: Provincetown, Truro, Wellfleet, Eastham, Orleans and Chatham.
Truro allows one accessory dwelling unit per buildable lot in any of its seven zoning districts, including the Seashore zoning district, but owners must obtain a building permit. There are limits on the total floor area of a principal and accessory structure.
“Truro has a bylaw it will implement, and we’ll work out issues with the Seashore in a way that it feels is necessary,” Truro's representative Michael Fee said at an April 7 Seashore Advisory Commission meeting.
Truro has about 50 private properties within the Seashore’s boundaries according to assessor’s data, Carboni said.
State says that new law does not override federal law
Massachusetts passed the Affordable Homes Act in August in response to the state's housing crisis, according to state officials. The law allows the construction of accessory dwelling units by-right. Zoning shall not prohibit, unreasonably restrict or require a special permit for an accessory dwelling unit in a single-family residential district, according to wording in the bill.
But according to language in the Affordable Homes Act, nothing in the regulations is intended to supersede any federal laws, a spokeswoman from the state Executive Office of Housing and Livable Communities said in an April 16 email.
At the April 7 Seashore Advisory Commission meeting, members asked whether the state could possibly exempt private properties within the Seashore from the new by-right law for accessory dwelling units in the state law.
Carboni said she does not support such a position. The aim of building extra residential units on one lot is just as valid in the Seashore as it is in the towns, she said.
“The superintendent has taken the position that they are not permitted,” Carboni said. “Truro has taken the position that they are permissible.”
Denise Coffey writes about business, tourism and issues impacting the Cape’s residents and visitors. Contact her atdcoffey@capecodonline.com .
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