Newbury

• Newbury adopted comprehensive ADU amendments at Town Meeting on May 15, 2025 (Yes-129, No-17), after extensive Planning Board review and public hearings.
• ADUs are permitted by right via administrative review by the Building Commissioner. No special permit is required for conforming ADUs.
• Maximum size is 900 sq ft or 50% of the principal dwelling, whichever is smaller. Uniquely, the ZBA may grant a Special Permit allowing ADUs up to 15% above 900 sq ft (approximately 1,035 sq ft).
• Short-term rentals of ADUs are prohibited (no weekly or daily rental use).
• Plum Island Overlay District properties have additional bedroom count and dimensional restrictions.

1. Prepare application materials:
   • Site plan stamped by a registered engineer or land surveyor, drawn to scale, showing existing conditions, boundaries, lot area, all structures, setbacks, septic system location and capacity (including reserve area), well, driveway, and parking spaces.
   • Floor plans and elevations stamped by a registered architect, drawn to scale, showing proposed interior and exterior changes and existing/proposed bedroom counts.
   • Drawings showing adherence to current Building Code and Fire Code requirements.
   • A narrative description explaining how the ADU meets the purpose and intent of Section 97-10.D.
2. Submit to Building Inspector: File the application with the Building Commissioner for administrative review.
3. Building Commissioner review: The Building Commissioner reviews for compliance with Section 97-10.D(2)(e) and Section 97-10.D(4). If all requirements are met, a Building Permit is issued.
4. Building Permit issuance: Conforming ADUs receive a Building Permit as-of-right.
5. Appeal process: If the Building Commissioner denies the application, the property owner may appeal to the ZBA pursuant to G.L. c. 40A sec. 8.
6. Special Permit pathway (optional): For ADUs exceeding 900 sq ft (up to 15% above, ~1,035 sq ft), apply to the ZBA for a Special Permit under Section 97-10.D(5).

• Maximum size (by right): The ADU shall not be larger in Gross Floor Area than half (1/2) the Gross Floor Area of the principal dwelling or 900 square feet, whichever is smaller.
• Maximum size (Special Permit): The ZBA may allow dimensional variations for a proposed ADU up to 15% above 900 square feet of Gross Floor Area, provided the ADU meets the dimensional requirements of the single-family lot, is subordinate to the primary structure in height, location, bulk, and massing, and the variation is not contrary to the public interest.
• Gross Floor Area definition: The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings/dwelling units, but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple principal dwellings on a lot, the Gross Floor Area of the largest principal dwelling is used.
• Separate entrance: The ADU must maintain a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet state building code requirements for safe egress.
• Zoning district compliance: The ADU is subject to all applicable zoning requirements within the established zoning district as set forth in Chapter 97, Zoning, Section 97-4.D and Section 97-6.
• Health and safety: The primary dwelling and ADU must comply with all applicable health, safety, building, and other codes in effect at the time of the Building Permit (and Special Permit where applicable).
• Utilities: Utilities may be extensions of existing utilities serving the principal dwelling. New or separate water/sewer lines directly between the ADU and trunk lines are not required. Applicants may use a shared water meter or install a separate water meter.

• 1 additional parking space required for the ADU.
• No parking space required for an ADU located within 0.5 miles of a Commuter Rail Station or any Bus Station (as defined in Section 97-10.D(2)).
• Commuter Rail Station: Any commuter rail station operated by a Transit Authority with year-round service with trains departing at regular time intervals (not intermittent, seasonal, or event-based service).
• Bus Station: A location serving as a point of embarkation for any bus operated by a Transit Authority.

• Plum Island Overlay District: ADUs proposed in the Plum Island Overlay District must meet the requirements thereof and may not result in exceedance of the dimensional requirements or bedroom count as set forth for each lot, in accordance with Section 97-4.D and Section 97-6.B. This is a significant constraint for Plum Island properties.
• Septic capacity: Total bedrooms in the primary dwelling and ADU combined may not exceed the capacity of the permitted septic system per Title 5 requirements. This is a critical consideration in unsewered areas.
• Pre-existing non-conforming structures/lots: ADUs on pre-existing legal non-conforming structures or lots must conform with the requirements of Section 97-10.A(1).
• Special Permit for oversized ADUs: Newbury is one of very few North Shore towns that offers a Special Permit pathway for larger ADUs up to approximately 1,035 sq ft (15% above 900 sq ft), providing homeowners flexibility for larger units while maintaining Planning Board oversight.
• Professional submission requirements: The application requires stamped plans from a registered engineer/surveyor and a registered architect, which adds cost but ensures quality submissions.

Section 97-10.D - Accessory Dwelling Units

(1) Purpose and Intent:

The intent of permitting Accessory Dwelling Units is to:

(a) Recognize that the housing needs of the Town are changing and that zoning by-laws must be crafted to allow additional options in the provision of housing to the Town's citizens;

(b) Increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households;

(c) Provide homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;

(d) Develop housing units in residential neighborhoods that are appropriate for households at a variety of stages in their life cycle and for multi-generational households;

(e) Encourage a more balanced and diverse population and income mix, with particular attention to young adults and senior citizens;

(f) Encourage the creation and addition of moderately priced rental units to the housing stock that meet the needs of small and moderate-income households who might otherwise have difficulty obtaining affordably priced housing in the community.

(2) Definitions:

(a) "Accessory Dwelling Unit" (ADU): A self-contained housing unit, attached to or detached from the principal dwelling unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling, that:

1. 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 state building code for safe egress;

2. is not larger in Gross Floor Area than half (1/2) the Gross Floor Area of the principal dwelling or 900 square feet, whichever is smaller.

3. is subject to all applicable zoning requirements within the established zoning district as set forth in Chapter 97, Zoning, Section 97-4.D. and Section 97-6.

(b) Gross Floor Area: The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including 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 Gross Floor Area of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use ADU.

(c) Bus Station: A location serving as a point of embarkation for any bus operated by a Transit Authority.

(d) Commuter Rail Station: Any commuter rail station operated by a Transit Authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service.

(3) Accessory Dwelling Unit Applicability:

(a) An ADU may be administratively reviewed and authorized by the Building Commissioner with the issuance of a Building Permit when the conditions and requirements of Section 97-10.D.(2)(e) and Section 97-10.D.(4) are met.

(b) An ADU may be permitted by a Special Permit pursuant to Requirements as described in Section 97-10.D.(5). The Zoning Board of Appeals (ZBA) shall be the Special Permit Granting Authority for a Special Permit ADU.

(c) ADUs proposed to be constructed on pre-existing legal non-conforming structures or lots shall conform with the requirements of Section 97-10.A.(1).

(d) The Building Commissioner's decision on an application for an ADU constitutes the final decision; however, a property owner may appeal the denial of a Building Permit for an ADU by appealing to the ZBA pursuant to G.L. c. 40A sec. 8.

(4) General Requirements for Accessory Dwelling Units:

(a) There shall be no more than one ADU on a lot.

(b) The total number of bedrooms in the primary dwelling and the ADU combined may not exceed the capacity of the permitted septic system, per Title V requirements.

(c) An ADU proposed in the PLUM ISLAND OVERLAY DISTRICT shall meet the requirements thereof and may not result in exceedance of the dimensional requirements or bedroom count as set forth therein for each lot, in accordance with Section 97-4.D and Section 97-6.B.

(d) The primary dwelling and the ADU shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the Building Permit, and of the Special Permit where applicable.

(e) Utilities necessary for the ADU, including but not limited to water, electric, and gas, may be extensions of the existing utilities serving the principal single-family dwelling. New or separate water and sewer lines directly between the ADU and the trunk lines are not required. Applicants may choose to use a shared water meter for the primary structure and the ADU or have a separate water meter installed for each.

(f) Not more than one additional parking space shall be required for an ADU; and further, no parking space shall be required for an ADU located not more than 0.5 miles from a Commuter Rail Station or any Bus Station as defined in Section 97-10.D.(2).

(g) An ADU permitted through Section 97-10.D. shall NOT be used for "Short Term Rental" as that term is defined in M.G.L. c. 64G and is prohibited from any use as a rental unit on a weekly or daily basis.

(h) Neither the ADU nor the principal dwelling on a lot shall be required to be owner-occupied.

(5) Special Permit Requirements for ADUs:

The Zoning Board of Appeals, as Special Permit Granting Authority, may allow DIMENSIONAL VARIATIONS for a proposed ADU up to 15% ABOVE 900 SQUARE FEET of Gross Floor Area as defined in Section 97-10.D.(2), provided that:

(a) the ADU meets the dimensional requirements of the single-family lot;

(b) the ADU is subordinate to the primary structure in height, location on the lot, bulk, and massing;

(c) the allowance of such variation, in the Board's opinion, is not contrary to the public interest and is consistent with the intent and purpose of this bylaw.

(6) Submission Requirements:

(a) An application for an ADU shall be submitted to the Building Inspector and shall include, at a minimum:

1. A site plan, stamped by a registered engineer or land surveyor, drawn to scale, showing existing conditions, boundaries and area of the lot, location(s) of all structures, setbacks, location and capacity of the approved septic system, including reserve area, well, driveway, and parking spaces, if required;

2. Existing and proposed building floor plans and elevations, stamped by a registered architect, drawn to scale, showing the proposed interior and exterior changes to the primary dwelling or accessory structure and the number of existing and proposed bedrooms;

3. Drawings showing adherence to all current Building Code and Fire Code requirements;

4. A narrative description of the proposal that describes the ways the ADU meets the Purpose and Intent of Section 97-10.D.

(b) An application for a Special Permit for an ADU shall be submitted to the Zoning Board of Appeals and shall include the Requirements of Section 97-10.D.6(a).

Adoption History

• Planning Board review: December 4, December 18, January 8, January 22, 2025
• Public hearings: February 19, February 26, 2025
• Town Meeting vote: May 15, 2025 (Yes-129, No-17)

Newbury 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.

Newbury's ADU bylaw was adopted on May 15, 2025, after the state Affordable Homes Act took effect on February 2, 2025, and was drafted to be consistent with state requirements. The bylaw explicitly addresses state law compliance:

• No owner-occupancy requirement: Section 97-10.D(4)(h) explicitly states that neither the ADU nor the principal dwelling shall be required to be owner-occupied.
• By-right approval: Conforming ADUs are administratively reviewed and authorized by the Building Commissioner, with no special permit or public hearing required.
• Parking: Maximum of 1 space with transit proximity exemption, consistent with 760 CMR 71.03.
• No lot size minimums: The bylaw does not impose minimum lot sizes for ADUs.
• Short-term rental prohibition: Consistent with state law, which permits municipalities to prohibit or restrict short-term rental use of ADUs.

The Special Permit pathway in Section 97-10.D(5) applies only to ADUs exceeding the by-right 900 sq ft threshold (up to 15% above), which is permissible under state law since the state only guarantees by-right status up to 900 sq ft. There are no known preempted provisions in this bylaw.

• Town of Newbury ADU Bylaw Section 97-10.D (ecode360): https://ecode360.com/15570775
• Town of Newbury Planning Board - Proposed Zoning Amendments: https://www.townofnewbury.org/planning-board/pages/proposed-zoning-amendments
• Town of Newbury official website: https://www.townofnewbury.org
• Massachusetts Affordable Homes Act (H.4977 / St. 2024, c. 150): https://www.mass.gov/info-details/accessory-dwelling-units
• 760 CMR 71.00 (Protected Use Accessory Dwelling Units): https://www.mass.gov/regulations/760-CMR-7100-protected-use-accessory-dwelling-units