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Council approves expanded ADU zoning, 10–1 after lengthy debate
Summary
The Newburyport City Council voted 10–1 on Feb. 9 to approve a zoning amendment broadening accessory dwelling unit (ADU) eligibility to 'any residential use' and clarifying treatment of preexisting nonconforming lots and structures; the decision follows months of committee work and a contentious council-floor exchange about local control and state regulations.
The Newburyport City Council voted 10–1 on Feb. 9 to approve Ordinance 2-10, a zoning amendment intended to expand eligibility for accessory dwelling units to any residential use and to clarify how preexisting nonconforming lots and structures are treated.
Supporters said the changes align local code with recent state-level regulations and were necessary to avoid legal ambiguity that could hinder housing production. Councilor Harmon, a sponsor, said the revisions represent “the most legally defensible” path forward while enabling more housing choices and minimizing costly delays that would leave the city out of step with state guidance.
Opponents warned the change reduces local discretion and could exacerbate parking and neighborhood impacts in denser wards. Councilor Zieg said the move “pierces the veil of local control” and urged caution about broadly applying a one-size-fits-all rule across diverse wards. The council debated amendments that clarified that nonconforming lots or structures that are adaptively reused without physical enlargement would be allowed as-of-right, while expansions that intensify nonconformities would require a special permit.
City Solicitor Nina Pickering Cook addressed legal risk and enforcement concerns, saying the city had sought wording that would be defensible if state regulations and interpretations changed. Planning Director Andrew Port and the zoning administrator briefed the council on implementation details and confirmed the ordinance preserves a limit of one ADU per lot.
Councilors approved a waiver to pass the ordinance in one reading and then approved the ordinance as amended by roll call. The ordinance will be codified and posted with the clarified text and will be monitored as state guidance evolves.
The council also directed staff to circulate implementation guidance to property owners and to coordinate with the Planning & Development office on questions about parking waivers and MBTA‑adjacency exemptions.
The council adjourned the discussion after the vote; no immediate legal challenge was announced on the floor.
