The Marblehead Planning Board unanimously approved amendments to the town’s accessory dwelling unit bylaw Jan. 28, striking a balance between new state mandates and local oversight of housing development.
The revised bylaw, which will go before town meeting in May, preserves the town’s ability to conduct site plan reviews of ADUs while complying with Massachusetts’ Affordable Homes Act set to take effect Feb. 2. The law, signed by Gov. Maura Healey in August 2024, requires municipalities to allow ADUs by right in single-family districts.
“This will give the board some allowance to determine how it’s built and where it’s built, which I think is good for the town,” said Town Planner Alex Eitler. “This is going to allow for a nice middle ground between no ADUs at all, which is not an option, or just the state’s version of the ADU law, which might I add, is quite liberal.”
Key provisions in Marblehead’s amended bylaw include mandatory site plan review for ADUs in single-family zones and a prohibition on short-term rentals, requiring minimum 90-day lease periods for both ADUs and principal dwellings. A site plan review examines detailed drawings of proposed construction projects, allowing the Planning Board to evaluate elements such as building placement, drainage and parking arrangements. The rental restriction goes beyond the state’s model guidelines, offering additional protection against the conversion of residential properties into vacation rentals.
While the Planning Board cannot deny ADU applications under the new state law, it retains authority to impose conditions through the site plan review process to ensure compatibility with neighborhood character. These conditions might include requirements for screening vegetation between properties, specifications for exterior materials to match the main house, limits on window size and placement to protect neighbor privacy and provisions for adequate stormwater management. This authority emerged as a crucial tool for maintaining local control while adhering to state mandates.
During the meeting, board members grappled with questions about the scope of local authority under the new state framework. The board briefly considered restricting the Zoning Board of Appeals from granting dimensional variances for ADUs but ultimately decided against it. “I think we have to trust the boards,” said Planning Board Chair Robert J. Schaeffner.
The amendments come amid a broader push across Massachusetts municipalities to adjust their zoning codes to the Affordable Homes Act. The state law aims to expand housing options while prohibiting traditional restrictions like owner-occupancy requirements that have historically limited ADU development.
Under the new state guidelines, ADUs must not exceed 900 square feet or half the gross floor area of the principal dwelling, whichever is smaller. Municipalities retain the right to impose reasonable dimensional and parking regulations but cannot require special permits for single ADUs in residential districts.
A public hearing on the proposed bylaw changes is expected to be held March 11, giving residents an opportunity to weigh in before the measure heads to Town Meeting.
“From an administrative perspective, we do need to send a lot of items out to inform abutting municipalities, as well as send additional items out to the state to review the zoning bylaws,” Eitler said, explaining the timeline for implementation.
Board members emphasized that while interior ADU conversions raise fewer concerns, the site plan review process will be particularly important for new construction and external additions.
Marblehead’s annual Town Meeting is scheduled for Monday, May 5, at 7 p.m. at the Veterans Middle School Performing Arts Center, located at One Duncan Sleigh Square.
