From the Cape Cod Times, September 6, 2024
ORLEANS — Under the new state Affordable Homes Act, parts of Cape Cod and other vacation spots can unlock new resources tailored for their needs once they are designated as “seasonal communities.”
“This is so significant because it truly addresses the unique challenges we face, particularly on the lower and outer Cape because housing for working families is so desperate,” said Kevin Galligan, Orleans Select Board Vice Chairman, during a recent housing event.
All municipalities on Nantucket and Martha’s Vineyard are automatically granted the classification as well as Cape Cod towns with at least 35% of their housing stock made up of seasonal units, which would mean Orleans, Brewster and Truro qualify.
With a seasonal community designation, the town can create a year-round housing trust without having to navigate the home rule process and acquire year-round deed restrictions for middle income housing. Towns with the seasonal communities designation can also increase the residential year-round property tax exemption up to 50%, said state Sen. Julian Cyr, calling that mechanism “a tool that’s going to become really useful in the future when we need more and more resources to build housing.”

Learn more about the Affordable Homes Act on the Mass.gov website
What else does the Affordable Homes Act address
The bill signed into law by Gov. Maura Healey on Aug. 6 implements 49 policies to address the housing crunch and authorizes $5.16 billion in spending over the next five years. State officials also estimate it will support the building and preservation of more than 65,000 homes statewide over the next five years.
Left out of the package is Healey’s proposal for a local-option tax on high-priced real estate sales that would fund affordable housing.
Right to build accessory dwelling units
The new law also allows for accessory dwelling units to be built by right. For years, Cape Cod housing advocates have pushed towns to embrace accessory dwelling units, said Housing Assistance Corporation CEO Alisa Magnotta.
Accessory dwelling units, often called in-law apartments, less than 900 square feet are now permitted in single-family zoning districts in all communities with a local option to set some restrictions. State officials estimate 8,000 to 10,000 accessory dwelling units could be built over the next five years.
The superseding bylaw will replace the patchwork of ADU zoning bylaws on the Cape, where each town had its own set of restrictions related to the housing type, said Magnotta.
“The aging can age in place, family members can have their relatives move in,” said Magnotta. “It fits for our community and our single-family homes.”
Accessory dwelling units are smaller, independent residential units on the same lot as a stand-alone, single-family home, according to the American Planning Association. They can take many forms, including detached, attached addition, or part of the existing home.
More on how the law will impact Cape Cod
The package also includes $500,000 for the Cape Cod Chamber of Commerce to build new accessory dwelling units to increase affordable workforce housing through an employer housing partnership program, $1 million for Housing Assistance Corporation to build a regional housing resource center, and $5 million for Truro to overcome infrastructure barriers for a housing project on Walsh Way.
Preservation of Affordable Housing CEO Aaron Gornstein said he is excited to see a significant increase in funding for “bread and butter” affordable housing programs and energy-efficiency work.
“In many cases, the administration, the governor, is doubling the amount of funding for most of the affordable housing programs that POAH accesses for affordable rental housing. So, we should be able to build more affordable housing and preserve it,” said Gornstein.
