Rowley

• Rowley's existing zoning bylaw has an "Accessory In-Law Apartment" provision that predates the state ADU law; the town was working to update it as of late 2024.
• Under state law, ADUs are permitted by right regardless of local bylaw status -- no special permit required.
• The old local restrictions (700 sq ft max, one bedroom, one bathroom, ZBA special permit) are largely preempted by the Affordable Homes Act.
• Rowley has an MBTA Commuter Rail station, making nearby properties eligible for the transit parking exemption (0 additional parking spaces required).
• Many properties are on septic systems and the town has significant conservation areas and wetlands.

1. Contact the Building Department: Reach out to the Rowley Building Department at 39 Central Street to discuss your project and understand the current local process.
2. Check transit proximity: Determine if your property is within 1/2 mile of the Rowley MBTA Commuter Rail station, which would eliminate the parking requirement.
3. Septic/wetlands evaluation: If on a septic system, have it evaluated for Title 5 compliance. Check for wetlands and conservation area restrictions on your lot.
4. Building permit application: Submit a standard building permit application. Under state law, no special permit or public hearing is required for a single ADU.
5. Construction and inspection: Build in accordance with approved plans and the Massachusetts State Building Code (780 CMR).

Note: As of late 2024, Town Planner Kirk Baker was waiting for guidance from town counsel Tom Mullen on bylaw updates. The local administrative process may still be in flux. Document your rights under state law if needed.

• Maximum size: 900 square feet or 50% of the gross floor area of the principal dwelling, whichever is smaller (per state law; the old local 700 sq ft limit is preempted).
• Types: Attached, detached, or internal ADUs are all permitted under state law.
• Separate entrance: Required, either directly from the outside or through a shared entry hall/corridor meeting building code egress requirements.
• Previous restrictions (largely preempted):
  • Term used: "Accessory In-Law Apartment"
  • ADU sizes restricted to one bedroom and one bathroom
  • Floor area no more than 700 square feet (ZBA had discretion to increase)
  • ADU could not be separately owned
  • Required ZBA special permit

• Under state law, a maximum of 1 parking space may be required for an ADU.
• Transit exemption: ADUs located within 1/2 mile of the Rowley MBTA Commuter Rail station require 0 additional parking spaces. This is a significant benefit for properties near the station.
• Properties more than 1/2 mile from transit: maximum of 1 parking space required.

• MBTA Commuter Rail: Rowley has a commuter rail station on the Newburyport/Rockport line. Properties within 1/2 mile are exempt from ADU parking requirements under state law.
• Septic systems: Many Rowley properties rely on septic systems. Title 5 compliance is critical and may be a significant factor in ADU feasibility and cost.
• Conservation areas and wetlands: Rowley has significant conservation land and wetlands that may constrain ADU placement on certain lots.
• Historic character: Parts of town have historic character, though it is unclear whether Rowley has a formal historic district review requirement for ADUs.
• Rural/residential character: Rowley is a small, primarily rural and residential community in Essex County.
• Bylaw update status: The town was working to update its bylaw as of late 2024. The Attorney General could edit the Rowley bylaw during approval review and send back a version that puts the town in compliance.

Full updated bylaw text is not available from the sources reviewed. The available information is compiled from news sources, web searches, and the Rowley Protective Zoning Bylaw (May 2022 consolidated version). The following summarizes what is known:

Existing Local Bylaw Provisions (May Be Partially Preempted)

• Term used: "Accessory In-Law Apartment"
• ADU sizes restricted to one bedroom and one bathroom
• Floor area no more than 700 square feet (ZBA had discretion to increase)
• ADU may not be owned by someone else (no separate ownership)
• Required ZBA special permit

State Law Preemption

Under the Affordable Homes Act (effective February 2, 2025), Rowley's local restrictions are largely preempted. The Attorney General could edit the Rowley bylaw during approval review and send back something that puts the town in compliance. Key preemptions:

• Special permit requirement: PREEMPTED (ADUs must be allowed by right)
• 700 sq ft size limit: Preempted (state allows up to 900 sq ft)
• One bedroom limit: May be challenged as unreasonably restrictive
• Owner-occupancy (if any): PREEMPTED
• Family-member restrictions (if any): PREEMPTED

State Law Requirements (Apply to Rowley)

• One ADU per single-family lot, allowed by right
• Maximum 900 sq ft or 50% of principal dwelling, whichever is smaller
• No special permit required (standard building permit only)
• No owner-occupancy requirement
• No family-member restrictions
• Maximum 1 parking space (0 if within 0.5 miles of transit)
• Separate entrance required
• Must comply with building codes

Local Considerations

• Rowley is a small, primarily rural/residential community in Essex County
• Many properties on septic systems (Title 5 compliance critical)
• Conservation areas and wetlands
• Historic character in parts of town
• MBTA Commuter Rail station in Rowley (relevant for transit proximity parking exemption)

Zoning Information

Rowley Protective Zoning Bylaw (May 2022 consolidated version available on town website): https://www.townofrowley.net/sites/g/files/vyhlif4956/f/uploads/zbl_all_as_of_may_2022_final_-_as_of_july29-2022.pdf

Rowley 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 ADU.
• Special permit requirements: A single ADU in a single-family residential district must be allowed by right; no special permit or public hearing required. The old ZBA special permit requirement is preempted.
• 700 sq ft size limit: Preempted; state law allows up to 900 sq ft.
• One bedroom limit: Likely preempted as an unreasonably restrictive use and occupancy restriction.
• Separate ownership prohibition: State law does not explicitly address this, but municipalities cannot unreasonably restrict ADU creation.

• Town of Rowley Zoning Bylaws Page
• Rowley Protective Zoning Bylaw (May 2022 Consolidated)
• The Local News: ADUs to Be Allowed by Right (August 2024)
• Town of Rowley Website