Newbury Planning Board Explores New 40Y Zoning to Tackle Housing Affordability

The Newbury Planning Board meeting focused on the introduction of 40Y zoning regulations, a state-funded initiative designed to increase housing affordability by allowing the development of smaller, more accessible homes. The board discussed the potential impact of these regulations on Newbury’s housing landscape, emphasizing the need for diverse housing options that cater to middle and upper-middle-income families.

At the core of the meeting was the detailed presentation of the 40Y zoning project, introduced by representatives from the Merrimack Valley Planning Commission (MVPC). The project aims to facilitate the construction of “starter homes,” allowing by-right development of single-family homes with a minimum density of four units per acre. The homes are capped at 1,850 square feet, with a portion reserved for individuals earning at or below 110% of the area median income, offering a more attainable path to homeownership for first-time buyers and those seeking to downsize.

The discussion outlined the need for such zoning in Newbury, as highlighted in the town’s Housing Production Plan, which identifies a lack of affordable starter homes as a challenge. Current housing trends show large homes dominating the market, often priced beyond $1.5 million, rendering them inaccessible to many.

Board members and planners explored the regulatory framework of 40Y zoning, noting that designated districts must not exceed 15% of Newbury’s total land area. They discussed the implications of this limitation, assuring that it would likely not pose significant challenges given the town’s available land. The regulations also include a minimum density requirement and stipulate that at least 50% of homes in these districts must have three or more bedrooms.

Affordable housing was a focal point, with the requirement that at least 10% of units in projects of 12 or more homes must be designated as affordable. The regulations prohibit payment in lieu of affordable units, instead offering density bonuses as incentives for developers to include additional affordable housing. Income restrictions on these units must remain in place for at least 30 years, though towns have the option to impose permanent restrictions.

The board examined the approval process for implementing 40Y zoning, which includes submitting proposed zoning to the Executive Office of Housing and Livable Communities (EOHLC) before town meeting approval, followed by annual progress reporting. Incentive payments are linked not only to zoning approval but also to the actual production of units, promoting active participation in the initiative.

As the meeting progressed, attention turned to the management of affordable housing sales and the enforcement of deed restrictions. Concerns about ensuring compliance with state notifications were raised, with suggestions that the town might take a more active role in monitoring these processes to maintain the integrity of the affordable housing framework.

In addition to the 40Y zoning discussion, the board addressed a request for a partial release of security funds for the Cypress Hollow subdivision project. This request was met with unanimous approval.

The meeting also revisited the contentious issue surrounding the Byfield Heights multi-family development. The board discussed the implications of an access road exclusion from a recent conservation vote, which had left some members feeling the matter was not fully addressed. Board members were encouraged to seek further expert opinions to ensure all regulatory standards were met.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Administrator:
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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