A new state law that makes it easier for homeowners to build accessory dwelling units has Island towns considering whether they want to allow the additional housing to be used for vacationers.

Starting this week, the state will allow homeowners to build accessory units without a special permit, as long as the property meets other wastewater and building codes. The Affordable Homes Act also lets municipalities block the new units from being short-term rentals, a lucrative business on the Vineyard. 

A disagreement over whether to allow new accessory dwelling units to be used for the weekly rentals bubbled up in Edgartown this week. On Monday, members of the Edgartown affordable housing committee expressed dismay that a spring town meeting article on accessory dwelling units would allow the extra housing to be used as short-term rentals.

Committee members had hoped to see a restriction on short-term rentals and worried that the town could see even more vacation properties instead of year-round or seasonal residences as the Island attempts to deal with its housing crisis. 

“We’re opening a barn door that’s never going to get closed again,” said committee member Melissa Vincent during Monday’s committee meeting.

Edgartown is the only town with an accessory dwelling unit bylaw set to go to town meeting that isn’t considering the restriction, which a planning board member said was an instruction from the select board. 

Oak Bluffs, West Tisbury and Chilmark are all considering not allowing the accessory dwelling units to be used as short-term rentals. Tisbury already passed an article that prevents accessory dwelling units from being used as short-term rentals. Aquinnah has not yet taken up the issue. 

Members of the Edgartown affordable housing committee said they will push for changes at town meeting.

Maria Thibodeau

Members of the Edgartown affordable housing committee said they will push for changes at town meeting.

Maria Thibodeau

The Edgartown affordable housing committee met with planning board member Julia Livingston on Monday to talk about the proposed regulation. The committee wanted to offer an amendment to the article, but Ms. Livingston said it was too late to make language changes ahead of town meeting and the only way to make an amendment was by proposing one on town meeting floor. 

The proposed article came from the town’s zoning bylaw review committee, an ad-hoc committee of the planning board. Ms. Livingston said that the select board had also formed a short-term rental committee, which was looking at the potential for regulations but had not come up with anything yet.

“I was told, in no uncertain terms, not to get involved with [short-term rentals,]” Ms. Livingston said. “The select board created a different committee to deal with short-term rentals, and they asked me not to get involved.”

Ms. Vincent was upset that the select board was getting involved in the planning issue. She noted that the Edgartown planning board is made up of elected members and is not under the auspices of the select board.

“I don’t believe we will ever have another shot at restricting it from short-term rentals again and I am disgusted with our select board,” Ms. Vincent said.

Edgartown has the most short-term rental units of any community on the Island and the seasonal rentals bring in millions of dollars in tax revenue to the town. Housing advocates have pointed to the rentals’ rise as a contributor to the lack of affordable housing on the Island, and are worried that the new accessory dwelling unit law would be used in Edgartown to create even more short-term rentals.

Under the new state law, signed in August 2024, the small independent living spaces located either within an existing house or separately on the same lot were allowed by right, easing the red tape needed to make the structures. Garages, attics and basements could all be converted into accessory dwelling units, or homeowners can build entirely new small cottages. 

The new housing units, often called ADUs, have to be less than 900 square feet to be built within single-family zoning districts, and municipalities can impose other limits, including on parking. 

Housing advocates have said that accessory dwelling units could be useful to keep Islanders on the Vineyard by expanding the use of already existing properties. Laura Silber, the Martha’s Vineyard Commission’s housing planner, said that accessory dwelling units by right have proven to be an effective tool in other states, such as Maine and Vermont, by allowing the private market to provide small-unit housing. 

The MVC crafted a model bylaw for towns to look at, and Ms. Silber said that organizations such as the AARP have been advocating for accessory dwelling units by right nationwide. 

“ADUs are an important tool to create opportunities, and allow a renovation tool for over-housed seniors to stay in their homes by converting use of the existing space,” she said. 

Ms. Livingston said the proposal for town meeting was designed to be “vanilla,” and that further regulations could come to the next town meeting if the affordable housing committee’s amendment didn’t pass muster at town meeting. 

At the planning board meeting Tuesday, both Ms. Livingston and planning board member Michael Shalett seemed to support Ms. Vincent’s idea of an amendment on the town meeting floor in the face of the current constraints on changing the bylaw language.

“I think it would be very appropriate that when this bylaw comes up for a vote on the floor of our town meeting that you once again bring your very valid points up for the voters of Edgartown,” he said.