Newbury Planning Board Weighs ADU Bylaw Changes Amid Concerns Over Short-Term Rentals

In a recent session, the Newbury Planning Board addressed proposed changes to accessory dwelling unit (ADU) bylaws. Key updates included a reduction in size limits for ADUs and a prohibition on short-term rentals, sparking debate among board members about definitions and enforcement.

0:00The proposed amendments to the ADU bylaws were a focal point of the meeting, as they aimed to align local regulations with the newly enacted Affordable Homes Act. This involved reducing the maximum allowable size of ADUs from 1,000 square feet to 900 square feet or 50% of the primary dwelling’s size, whichever is smaller. Additionally, the previous requirement mandating occupancy by the property owner for at least six months annually was removed. However, the most contentious aspect was the prohibition of short-term rentals, defined under Massachusetts General Laws.

Board members delved into the nuances of what constitutes a short-term rental, seeking to establish a minimum rental period of 31 days to differentiate from transient lodging. A member expressed confusion over the language, remarking that it was difficult to understand, which highlighted the need for clearer definitions. The debate extended to the potential impact on community stability, with some members asserting that longer minimum rental periods would foster a more cohesive community environment, discouraging transient residency and promoting sustainable housing options for families.

Enforcement emerged as a issue, with concerns about how violations would be managed, particularly those skirting the 30-day rental threshold. There was a shared sentiment that the regulations should balance state compliance with fostering a community-focused approach to housing. The board agreed on the necessity of consulting Town Council for further clarity on these terms, emphasizing the importance of clear definitions and practical enforcement mechanisms.

19:34The discussion then shifted to the zoning bylaw recodification and updates. Members reviewed administrative changes to the zoning bylaws, with a focus on aligning them with Massachusetts General Law. This included refining language around the purpose and intent of bylaws, authority for adoption and amendments, and resolving conflicts with other covenants or bylaws. The revisions to Article 5 concerning special permits were discussed.

The board also tackled the intricacies of open space definitions within development applications. Recent legal developments had complicated the treatment of open space in zoning regulations, prompting a proposal to revise definitions to ensure open space is contiguous and not divided by infrastructure. There were discussions about whether subsurface wastewater systems could be integrated into open spaces, provided they supported uses like recreation or education without compromising the integrity of the space.

1:26:51Moreover, the meeting addressed the implications of site plan review regulations, updated to comply with the MS4 stormwater permit. This included preconstruction conference requirements focusing on site design and stormwater practices. Article 11 Administration was also reviewed, with proposed changes to definitions of building permits and designated authorities, based on Town Council input.

The board’s attention turned to the housing production plan for 2024-2029, shaped by public input and presented by the Merrimack Valley Planning Commission. Members were invited to provide feedback, though some expressed a desire to postpone action until receiving the final document.

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.

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