West Newbury

• West Newbury adopted its ADU bylaw (Section 4.2.4) at a Special Town Meeting on October 23, 2023, before the state Affordable Homes Act took effect on February 2, 2025.
• ADUs are allowed by Building Inspector permit for attached, detached, or internal units within existing or new structures. Maximum size is 900 sq ft or 50% of the principal dwelling, whichever is smaller.
• The bylaw's owner-occupancy requirements (including affidavit before building permit, transfer affidavit upon sale, and six-month absence provision) are all preempted by state law.
• No new curb cuts are allowed for ADUs, though a Special Permit exception is available from the Planning Board.
• The bylaw is relatively brief compared to neighboring communities, with fewer specific design standards.

1. Prepare application: Gather plans and documentation showing the proposed ADU satisfies the requirements of Section 4.2.4 and the dimensional (Intensity of Use) requirements of Section 5 of the West Newbury Zoning Bylaws.
2. Submit to Building Inspector: Apply for a Building Permit from the Building Inspector. Under state law, ADUs up to 900 sq ft are allowed by right.
3. Building Inspector review: The Building Inspector reviews for compliance with Section 4.2.4 requirements including size limits, separate entrance, dimensional standards, and parking.
4. Building Permit issuance: If the ADU meets all requirements, the Building Permit is issued.
5. Owner-occupancy affidavit: The bylaw requires an affidavit stating the owner will occupy one of the dwelling units, but this requirement is preempted by state law and should not be enforced.
6. Special Permit (if needed): For ADUs exceeding the floor area limitation or requiring a new curb cut, apply to the Planning Board for a Special Permit per Section 11.2 of the West Newbury Zoning Bylaws.

• Maximum size: The floor area of the ADU shall be no greater than 1/2 the floor area of the principal dwelling or 900 square feet, whichever is smaller.
• Separate dwelling unit: The ADU must be a complete, separate dwelling unit 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 state building code requirements for safe egress.
• Secondary entrance: Any new separate outside entrance serving the ADU shall be clearly secondary to the entrance of the principal single-family dwelling.
• Subordinate/accessory use: The ADU is intended to be an accessory use to the principal single-family dwelling.
• Dimensional requirements: The ADU must satisfy the dimensional (Intensity of Use) requirements of Section 5 of the West Newbury Zoning Bylaws.

• Off-street parking: Adequate off-street parking must be provided for the ADU. Under state law, a municipality may require at most 1 additional parking space (0 within 0.5 miles of transit).
• No new curb cuts: No new curb cuts are allowed for an ADU. The ADU must use existing driveway access.
• Curb cut exception: A Special Permit from the Planning Board may allow a new curb cut if needed.

• Pre-state-law bylaw: West Newbury's ADU bylaw was adopted in October 2023, before the state Affordable Homes Act. While it was forward-looking in allowing ADUs, several owner-occupancy provisions are now preempted.
• Owner-occupancy provisions (all preempted): The bylaw contains four owner-occupancy provisions that are all preempted by state law:
  • Requirement that the principal dwelling be "owner-occupied" (Section 4.2.4.b.i)
  • Pre-permit affidavit of owner-occupancy (Section 4.2.4.b.ii)
  • Six-month absence allowance (Section 4.2.4.b.iii -- moot since occupancy is no longer required)
  • Transfer affidavit upon sale (Section 4.2.4.b.iv)
• Same ownership required: The ADU, principal dwelling, and lot must be held by the same owner. This is consistent with state law, which does not require municipalities to allow separate ownership.
• No new curb cuts: This is a notable practical restriction. Properties without sufficient existing driveway/parking access may need to seek a Special Permit from the Planning Board.
• Relatively brief bylaw: Compared to neighboring communities like Amesbury or Newburyport, West Newbury's bylaw has fewer specific design standards, setback requirements, or procedural details. This leaves more to the general dimensional requirements of Section 5.
• Rural character: West Newbury is a largely rural town. Most properties are likely on septic systems, so Title 5 compliance may be a practical consideration even though the bylaw does not explicitly address it.

Accessory Dwelling Unit Bylaw

Adopted at Special Town Meeting, October 23, 2023 West Newbury Planning Board

Section 2. Definitions

ACCESSORY DWELLING UNIT: A subordinate Dwelling Unit within, attached to, or detached from, an existing Single-Family Dwelling and as further defined in Section 4.2.4.

SINGLE-FAMILY DWELLING: A building designed or used exclusively as a residence and including only one principal Dwelling Unit.

Section 4.2.4. Accessory Dwelling Unit subject to and in compliance with the following:

a. Purpose: This section authorizing the provision of Accessory Dwelling Units is intended to:

• Increase the number of small Dwelling Units available in the Town;
• Increase the diversity of housing that may serve the needs of the current and future population of the Town including, but not limited to, young adults and senior citizens;
• Provide homeowners with a means of obtaining rental income; and
• Encourage a more economic and efficient use of the Town's housing supply while respecting the residential character of West Newbury's neighborhoods.

b. Use and Dimensional Regulations

i. The Building Inspector may issue a Building Permit authorizing the installation and use of an Accessory Dwelling Unit within an existing or new owner-occupied, Single-Family Dwelling, or in an existing or new structure accessory to an owner-occupied Single-Family Dwelling, whether attached or detached, provided that it satisfies the requirements of this Section 4.2.4. and dimensional (Intensity of Use) requirements of Section 5.

(1) The Accessory Dwelling Unit will be a complete, separate Dwelling Unit 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 state building code for safe egress.

(2) The Floor Area of an Accessory Dwelling Unit shall be no greater than 1/2 the floor area of the principal dwelling or nine hundred (900) square feet, whichever is smaller.

(3) There shall be no more than one Accessory Dwelling Unit on a Lot.

(4) The owners(s) of the Single-Family Dwelling must continue to occupy at least one of the Dwelling Units as their primary residence, except for temporary absences per 4.2.4.b.iii. [PREEMPTED: State law effective Feb 2, 2025 prohibits owner-occupancy requirements.]

(5) Any new separate outside entrance serving an Accessory Dwelling Unit shall be clearly secondary to the entrance of the principal Single-Family Dwelling.

(6) No new curb cuts shall be allowed for an Accessory Dwelling Unit.

(7) Adequate off-street parking shall be provided for the Accessory Dwelling Unit.

(8) The Accessory Dwelling Unit is intended to be an accessory use and the Accessory Dwelling Unit, the principal Single-Family Dwelling and the Lot shall be held by the same owner.

ii. Prior to issuance of a Building Permit, the owner must submit an affidavit to the Building Inspector stating that they will occupy one of the dwelling units on the Lot as their primary residence. [PREEMPTED: Owner-occupancy affidavit requirement preempted by state law.]

iii. An absence of six months each year will not constitute a violation of this bylaw. [PREEMPTED: Owner-occupancy requirement no longer applicable.]

iv. When a Lot with an Accessory Dwelling Unit is sold, the new owner, if they wish to continue use of the Accessory Dwelling Unit, must within sixty (60) days of the sale, submit an affidavit to the Building Inspector stating that they will occupy one of the dwelling units on the Lot as their primary residence. [PREEMPTED: Owner-occupancy transfer requirement preempted by state law.]

c. Special Permit

Accessory Dwelling Units exceeding floor area or curb cut limitations may be allowed by Special Permit from the Planning Board per section 11.2. of the West Newbury Zoning Bylaws.

West 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.

West Newbury's ADU bylaw (Section 4.2.4) was adopted at a Special Town Meeting on October 23, 2023, before the Massachusetts Affordable Homes Act took effect on February 2, 2025. The following provisions are preempted by state law:

1. Owner-occupancy requirement (Section 4.2.4.b.i.(4)): State law prohibits municipalities from requiring owner-occupancy of either the ADU or the principal dwelling.
2. Owner-occupancy affidavit (Section 4.2.4.b.ii): The requirement to submit an affidavit of owner-occupancy prior to Building Permit issuance is preempted.
3. Six-month absence provision (Section 4.2.4.b.iii): This provision is moot since owner-occupancy can no longer be required.
4. Transfer affidavit (Section 4.2.4.b.iv): The requirement to submit a new owner-occupancy affidavit within 60 days of sale is preempted.

Provisions that may still apply as reasonable local regulations:

• 900 sq ft or 50% maximum (consistent with state law)
• One ADU per lot (consistent with state law)
• Separate entrance requirement (consistent with state law)
• Secondary entrance character (may be reasonable)
• No new curb cuts (may be reasonable, with Special Permit exception available)
• Adequate off-street parking (consistent with state law, max 1 space)
• Same ownership requirement (consistent with state law)
• Dimensional requirements of Section 5
• Special Permit for oversized ADUs or curb cut exceptions (permissible for above-by-right requests)

Note: The bylaw's reference to "owner-occupied" Single-Family Dwelling in Section 4.2.4.b.i is preempted as a condition for issuing a Building Permit, but the remainder of the section (allowing ADUs by Building Inspector permit) is consistent with state law.

• West Newbury ADU Bylaw (adopted October 23, 2023): https://www.wnewbury.org/sites/g/files/vyhlif1436/f/pages/adopted_accessory_dwelling_unit_bylaw_stm_fall_2023.pdf
• West Newbury Planning Board ADU page: https://www.wnewbury.org/planning-board/pages/accessory-dwelling-units-adu-%E2%80%93-adu-bylaw
• Town of West Newbury official website: https://www.wnewbury.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