Ipswich

• Ipswich uses the term Protected Use Accessory Dwelling Unit (PADU) for state-mandated by-right ADUs, distinguishing them from the old "Accessory Apartment" provisions.
• The town is operating under an 8th draft bylaw amendment (dated August 29, 2025) prepared for Special Fall Town Meeting 2025; PADUs are already allowed by right under state law regardless of local bylaw status.
• 80+ accessory apartments already exist in Ipswich, making it one of the more mature ADU markets on the North Shore.
• The WUMP (Water Use Mitigation Program) fee of $1,500 per bedroom applies to all new bedrooms added.
• Short-term rental policy for ADUs is still under study and will be addressed at Town Meeting in May 2026.

1. Pre-application: Contact the Ipswich Building Department / Planning & Community Development at 978-356-6607 x1 to discuss your project.
2. Septic evaluation: Have your septic system evaluated for Title 5 compliance. Planning Director notes septic is the typical "ADU dream-killer" and "budget buster."
3. WUMP fee: Pay the $1,500/bedroom WUMP fee to the Ipswich Utilities Department for each bedroom added.
4. Historic district check: If the property is in the Architectural Preservation District, obtain review and approval from the APDC (Chapter 113).
5. Building permit application: Submit to the Building Commissioner / Code Enforcement Officer for administrative review. No special permit or public hearing is required for a single PADU.
6. Water/sewer/electric: For attached PADUs, utilities are typically extended from the primary dwelling. For detached PADUs, water, sewer, and electrical connections are evaluated case-by-case.
7. Construction and inspection: Build in accordance with approved plans and the Massachusetts State Building Code (780 CMR).

• Maximum size: 900 square feet or 50% of the Gross Floor Area (GFA) of the principal dwelling, whichever is smaller.
• GFA calculation: Sum of all stories of compliant ceiling height, including basements, lofts, and intermediate floored tiers, measured from interior faces of exterior walls. Excludes crawl spaces, garage parking areas, attics, enclosed porches, and similar spaces.
• Multiple principal dwellings: Where there are multiple principal dwellings on a lot, the GFA of the largest is used. For multi-unit principal dwellings, the combined total of all units is used.
• Detached PADUs: Must be separated by a minimum of 5 feet from the primary residence.
• Attached PADUs: May be a portion of the primary residence (internal), an addition, or a combination of both. Must share at least 10 feet of common wall or roof connector that connects enclosed interior space.
• No lot size minimums for PADUs.
• Setbacks by district:
  • RRA & RRG: Front 50 ft, Side 40 ft, Rear 30 ft, Max Height 37 ft, Max Bldg Area 20%, Open Space 50%
  • RRB: Front 20 ft, Side 20 ft, Rear 20 ft, Max Height 25 ft, Open Space 50%
  • IR: Front 20 ft, Side 10 ft, Rear 20 ft, Max Height 37 ft, Max Bldg Area 40%, Open Space 30%
  • In all IR District cases, side or rear setbacks shall not be less than 5 feet for PADUs.

• One parking space required for PADU occupants.
• Transit exemption: Properties within a 1/2 mile radius from an MBTA Commuter/Passenger Rail Station or fixed-route transportation service are not required to have any additional parking for PADU occupants.
• The old ZBA special permit parking provision (one space per accessory apartment) has been deleted.

• Historic District: All PADUs proposed in the Architectural Preservation District must be reviewed and approved by the Architectural Preservation District Commission (APDC). See Code of the Town of Ipswich, Chapter 113.
• Septic systems: Major cost barrier. Planning Director Alan Manoian has noted that "the ADU dream-killer has typically been the septic system. That's the budget buster." Title 5 compliance is mandatory.
• WUMP fee: The Ipswich Utilities Department charges $1,500 for each bedroom added through the Water Use Mitigation Program. These fees support Water Department infrastructure improvements.
• Pre-existing PADUs: Ipswich will not enforce any prohibited regulation or regulation not in accordance with 760 CMR 71.00 that was a condition of prior special permit approvals before February 2, 2025.
• Existing deed restrictions: Many existing ADUs have deed restrictions requiring affordable rates or family-member occupancy. The town is working out how to handle these under the new state law (old restrictions may be unenforceable).
• In-lieu payment: The previous $40,877 in-lieu-of-affordable-housing payment is now considered unenforceable under state law.
• Short-term rentals: Still under study. Planning Department will bring zoning to Town Meeting in May 2026. Building Inspector Jim Bone noted that banning STR could be "tragic"; the debate is ongoing.
• High land values: Ipswich includes Great Neck, Castle Hill, and areas where even modest lots sell for over $1 million.

The following is the full text of the 8th Draft ADU Bylaw Amendment (August 29, 2025), as submitted for Special Fall Town Meeting 2025.

Contact Information

Name of Submitter: Alan S. Manoian, Director (on behalf of Ipswich Planning Board) & James Bone, Building Commissioner/Code Enforcement Officer Department: Planning & Community Development & Building Department Office Tel: 978-356-6607 x1 Email: alanm@ipswichma.gov

Brief Summary

Proposed amendment of the municipal Accessory Dwelling Unit (ADU) zoning bylaw to comply with Commonwealth of Massachusetts Section 8 of the Affordable Homes Act, Chapter 150 of the Acts of 2024, including:

• Section IX Special Regulations, Subsection J: Accessory Apartment (eliminated)
• Subsection P: Conversion of Accessory Building into Residential Use (eliminated)
• Subsection U: Detached Accessory Dwelling Units (eliminated and replaced)
• Introduction of amended/new Protected Use Accessory Dwelling Unit (PADU) Bylaw Sections

Purposes

a. Increase housing production to address local and regional housing needs across all income levels and at all stages of life. b. Develop small-scale infill housing that fits in the context of the neighborhood zoning districts while providing well-designed and incremental residential density. c. Provide a more moderately priced housing option to serve smaller households, households with lower incomes, seniors, and people living with disabilities. d. Enable property owners to age in place, downsize, or earn supplemental income from investing in their properties.

Section III: Definitions (Amended)

Old Definition Deleted:

"ACCESSORY APARTMENT: A separate dwelling unit within a single-family dwelling that is a subordinate part of the single-family dwelling and complies with the requirements of IX.J. of this zoning bylaw."

New/Amended Definitions:

DWELLING, SINGLE-FAMILY DETACHED: A building which is designed or occupied as a residence for one family containing one dwelling unit, and which may include an accessory dwelling unit (ADU) approved under Section U of this Bylaw, and that is attached or separated by a minimum of five (5) feet from the primary or any other structures or structures except accessory buildings.

GROSS FLOOR AREA (GFA) FOR PROTECTED USE ADUs ONLY: The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including full basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple Principal Dwellings on the Lot, the GFA of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use ADU and when there is a multi-unit principal dwelling the combined total of the units shall be used for determining the maximum size of a Protected Use ADU.

PROTECTED USE ACCESSORY DWELLING UNIT (PADU): A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same Lot as a Principal Dwelling that is: a.) an attached or internal PADU that maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling sufficient to meet the requirements of the Building Code for safe egress; b.) a detached or converted existing accessory building that is located, or is proposed to be located and or renovated respectively, on a Lot in a Residential Zoning District that allows Single-Family Dwellings. c.) not larger in Gross Floor Area than 1/2 the Gross Floor Area of the Principal Dwelling or 900 square feet, whichever is smaller.

Table of Use Regulations (Section IV, Amended)

Old: Accessory Apartment = SBA (Special Permit Board of Appeals) in all residential districts New: Dwelling Units, Attached, detached & conversion of existing accessory building = P (Permitted by right) in residential districts (IR, RRA, RRB, RRG)

Table of Dimensional and Density Regulations (Section VI, Amended)

New rows added for "Accessory Dwelling Unit Attached or internal" in each residential district:

IMPORTANT NOTE: "In no cases in the IR District shall the side or rear setbacks be less than (5) five feet for Protected Use Accessory Dwelling Units (PADU)."

There are NO LOT SIZE MINIMUMS for PADUs.

Section VI.F - Requirements for Accessory Buildings and Structures (Amended)

Added exemption: "and Protected Use Accessory Dwelling Units as defined in Section IX. U. of this bylaw" are excluded from the general accessory building restrictions.

Old ZBA special permit provision for RRB District buildings under 120 sq ft: DELETED.

Section VII - Off Street Parking (Amended)

New provision for ADU parking:

• Properties located within a 1/2 mile radius from an MBTA Commuter/Passenger Rail Station or fixed-route transportation service are NOT required to have any additional parking for ADU occupants.
• All other PADUs: one parking space required.

Old provision (ZBA special permit, one space per accessory apartment): DELETED.

Section IX: Special Regulations

Deleted Sections:

• J. Accessory Apartment (Eliminated in its entirety)
• P. Conversion of Accessory Building into Residential Unit (Eliminated in its entirety)
• U. Detached Accessory Dwelling Units (Eliminated in its entirety)

New Section U. Protected Use Accessory Dwelling Units (PADUs)

1. Purpose and Intent: The purpose of Section U is to allow for Protected Use Accessory Dwelling Units (PADUs), as defined under M.G.L. c. 40A, Section 1A, and Section III of this zoning bylaw, to be built as-of-right in Residential Zoning Districts that allows Single-Family Dwellings in accordance with Section 3 of the Zoning Act (M.G.L. c. 40A), as amended by Section 8 of Chapter 150 of the Acts of 2024, and the regulations under 760 CMR 71.00: Protected Use Accessory Dwelling Units.

2. Regulations of Protected Use ADUs:

The Town of Ipswich Building Commissioner / Code Enforcement Officer may approve and permit Protected Use Accessory Dwelling Units (PADUs) by administrative review in accordance with the following regulations and standards:

a. Only one (1) PADU per lot may be created As-of-Right which shall be the pre-existing ADU if applicable. No more than one (1) ADU shall be permitted on any lot whether attached or internal, detached or converted accessory building.

b. Size: Max 900 sq ft or 50% of principal dwelling GFA, whichever is smaller.

c. Owner-Occupancy shall not be required in either the principal dwelling or the PADU.

d. Parking: PADUs must have one parking space available for PADU occupants, except that PADUs located within a 1/2 mile radius from an MBTA Commuter/Passenger Rail Station or fixed-route transportation service are not required to have any additional parking for PADU occupants.

e. Dimensional and Density Regulations: Dimensional and density regulations for attached or internal PADUs are listed under the heading "Principal Buildings and Structures" in the Table of Dimensional and Density Regulations in Section VI. of this bylaw. Dimensional and density regulations for detached PADUs are listed under the heading "Accessory Buildings and Structures" in the same Table. There are no lot size minimums for PADUs.

f. Utilities: Septic, Water, Sewer and Electric i. Septic Systems: Adding a PADU will require septic system evaluation and Title 5 compliance. ii. Water and Sewer connections for attached PADUs are typically extended from within the primary dwelling, provided the existing services are adequate. Detached PADU water & sewer connections will be looked at on a case-by-case basis. iii. Electrical: attached PADUs typically have an additional electric meter and electrical panel added to the existing service, provided the existing service is adequate. Detached PADU connection will be looked at on a case-by-case basis. iv. WUMP Fees: Ipswich Utilities Department has a Water Use Mitigation Program (WUMP) that has a $1,500 fee for each bedroom added. These fees support Water Department infrastructure improvements throughout the Town.

g. Historic District: All PADUs proposed in the Architectural Preservation District must be reviewed and approved by the Architectural Preservation District Commission (APDC). See Code of the Town of Ipswich, Chapter 113 Architectural Preservation District.

h. Pre-Existing PADUs: Ipswich Building/Zoning shall not enforce any Prohibited Regulation or Regulation not in accordance with 760 CMR 71.00 that was required as Special Permit conditions for the approval of the use of land or structures for a PADU prior to the effective date of 760 CMR 71.00, or February 2nd, 2025.

i. Detached PADUs shall be separated by a minimum of five feet from the primary residence. An attached PADU may be a portion of the primary residence (internal), an addition to the primary residence, or a combination of both. An attached PADU shall either share a common wall or roof connector, which connects enclosed interior space. The common wall or roof connector requirements shall be met when the primary residence and the PADU share at least ten (10) feet of common wall or roof.

Ipswich has adopted the Stretch Energy Code. A certified HERS Rater is required for all new construction, including ADUs.

Your ADU must achieve a HERS index of 52 or lower (mixed-fuel) or 55 or lower (all-electric). Going all-electric earns a 3-point offset, making compliance easier. Budget $500–$1,500 for HERS testing.

ERV/HRV mechanical ventilation is now required (bath fans alone don't qualify). If on-site parking is provided, EV-ready wiring is also required.

The following local provisions are preempted by the Massachusetts Affordable Homes Act (Section 8, Chapter 150, Acts of 2024) and 760 CMR 71.00:

• Owner-occupancy requirements: Cannot be imposed on either the principal dwelling or the PADU.
• Special permit requirements: A single PADU in a single-family residential district must be allowed by right; no special permit or public hearing required.
• In-lieu-of-affordable-housing payment: The previous $40,877 payment requirement is now considered unenforceable.
• Family member restrictions: The old bylaw's family-oriented language and deed restrictions requiring family-member occupancy are preempted.
• Deed restrictions: Existing deed restrictions on prior ADUs requiring affordable rates or family-member occupancy may be unenforceable under state law (town working through this).
• Unit caps and density limitations: Prohibited under state regulation.
• Minimum lot size requirements: Cannot be imposed specifically for ADUs.

• Ipswich 8th Draft ADU Bylaw Amendment (August 29, 2025)
• The Local News: ADU Law Sparks Ipswich Debate (December 2025)
• The Local News: More ADUs Popping Up Around Ipswich (February 2025)
• Town of Ipswich ADU Page
• Town of Ipswich Website