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:
| District | Min Lot Area | Front | Side | Rear | Max Bldg Area | Max Open Space |
|---|
| Rural Residence (RRA & RRG), Max Height 37 ft | -- | 50 | 40 | 30 | 20% | 50% |
| Rural Residence (RRB), Max Height 25 ft | -- | 20 | 20 | 20 | -- | 50% |
| Intown Residence (IR), Max Height 37 ft | -- | 20 | 10 | 20 | 40% | 30% |
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.
