Newbury Planning Board Advances Zoning Amendments for Town Meeting Consideration
- Meeting Overview:
In a recent virtual meeting, the Newbury Planning Board discussed significant amendments to the town’s zoning bylaws, focusing on accessory dwelling units (ADUs) and the floodplain bylaw, among others. These proposed changes aim to provide clarity and align with state guidelines, and they are set for consideration at the upcoming annual town meeting.
The meeting began with a discussion on amendments to the zoning bylaws concerning accessory dwelling units (ADUs). The planning director detailed a proposal to replace the existing accessory apartment bylaw with updated language. This new language seeks to clarify the definition of ADUs by including both attached and detached units, which were not previously specified. The definition was enhanced to ensure that the characteristics of ADUs discussed elsewhere in the bylaw are consistently referenced. During a review with Town Council, it was suggested to remove the term “protected use” from the ADU definition, as it was deemed unnecessary due to its absence elsewhere in the bylaw.
The planning director also addressed modifications to the floodplain bylaw. The Department of Conservation and Recreation (DCR) recommended several changes, which were approved by Town Council. Notably, the amendments included the addition of zones A and AO, which were previously missing from the state’s model zoning bylaw. A clarification was made to define “temporary” use as any use for 180 days or less, supported by Town Council for providing clear guidelines. There was a debate over removing a section concerning buildings that existed lawfully before the new provisions, with some members advocating for its retention to align with FEMA regulations.
Proposed changes also included a new definition of “alter,” borrowed from the wetlands protection bylaw. However, it was noted that the term did not pertain to the current bylaw’s focus on structural alterations. After discussion, the board leaned toward removing the definition, as the term was infrequently used in relevant contexts.
In another significant agenda item, the board deliberated on the amendments to the zoning bylaws, specifically the title change of a bylaw article from “Purpose and Intent” to “Purpose and Authority.” This change was recommended by Town Council to better reflect the article’s content. The phrase “increasing amenities” was also a focal point of discussion. This language, derived from Newbury’s historical zoning practices, was included to provide a clearer framework for evaluating special permit applications, given the lack of specific criteria in the past. The board reviewed bylaws from other towns, concluding that the phrase is widely used in similar contexts.
The historical context of the current bylaws was considered, which previously expressed a commitment to “preserve and increase amenities.” The proposed amendment suggested separating this phrase into two distinct objectives: “to preserve historic and agricultural heritage” and “to increase amenities.” This change aimed to streamline the language while maintaining regulatory alignment. Board members engaged in a thorough debate, with some expressing satisfaction that the changes reflect industry standards and enhance inclusivity.
The board also considered the importance of referencing the town’s long-term planning documents, such as the housing production plan and the hazard mitigation plan, within the zoning bylaws. Town Council strongly supported incorporating this language to ensure that the bylaws align with the town’s overarching goals.
Other points of discussion included a correction to a typographical error in the section on ADUs, specifying that an architectural plan should detail the existing and proposed number of bedrooms. This clarification was important for maintaining oversight of ADUs and ensuring compliance with local regulations.
The Open Space Residential Development (OSRD) bylaws were also addressed. The language was changed from “shall” to “may” regarding the trigger for subdivision applications, adjusting the threshold from four to three or more units. Town Council deemed this change reasonable to allow greater flexibility for applications.
Tracy Blais
Planning Board Officials:
Lawrence Murphy, Peter Paicos, Woody Knight, Scott Kinter, Mary Stohn, Stephen Mangion, Martha Taylor (Planning Director/MVPC Commissioner), Kristen Grubbs (Assistant Planner)
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Meeting Type:
Planning Board
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Committee:
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Meeting Date:
02/26/2025
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Recording Published:
02/28/2025
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Duration:
49 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Essex County
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Towns:
Newbury
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