Letter: Amherst’s Jumbo ADUs Not Allowed in Deerfield’s New Bylaw
ADU under construction at 79 Taylor St. Photo: amherstma.gov
As highlighted in a story in today’s (7/28/26) Daily Hampshire Gazette, Deerfield’s proposed accessory dwelling unit (ADU) bylaw avoids a major loophole present in Amherst’s interpretation of state law.
Amherst’s interpretation exempts finished attics from gross floor area calculations, allowing developers to build multi-level ~1,200-square-foot “jumbo” ADUs—complete with attic bedrooms, bathrooms, and stairs—without triggering the owner-occupancy requirements standard for units of that size.
While the Gazette article didn’t explicitly note that finished attics are not exempt, that distinction is made clear in the Town of Deerfield, MA Code (Ch. 179 Zoning). Deerfield’s draft caps ADUs at 900 square feet (allowing up to 1,200 sq. ft. only by special permit) and explicitly excludes attics from floor area calculations only when they remain unfinished—stipulating that attic space with headroom of seven feet or more is counted toward living space and story limits.
By counting finished attic living space toward the unit’s total size limit, Deerfield prevents unmonitored mega-ADUs and avoids the zoning controversy, legal uncertainty, and state pushback currently facing Amherst.
Amherst officials previously claimed there was no way to avoid this interpretation under state law. Given that Deerfield has successfully navigated this issue, Amherst should promptly correct its error.
Ira Bryck
Ira Bryck has lived in Amherst since 1993, ran the Family Business Center for 25 years, hosted the “Western Mass. Business Show” on WHMP for seven years, now coaches business leaders, and is a big fan of Amherst’s downtown.
Attics have been used as living space at least since the sixteenth century with development of the Mansard Roof (https://en.wikipedia.org/wiki/Mansard_roof). There are a number of buildings in Amherst with Mansard Roofs. As Mr. Bryck acknowledges, “Amherst officials previously claimed there was no way to avoid this interpretation under state law.” Do not assume a court will uphold what Deerfield has enacted. The Town of Deerfeld is inviting litigation where the only sure winners will be the lawyers for the litigants. The best lawsuit is one you can avoid.