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Newbury ZBA continues hearing on 15 Sunset Drive after neighbors cite late plans, size and conversion risks
Summary
The Newbury Zoning Board of Appeals continued the contested application for 15 Sunset Drive to June 18 after abutters said revised plans arrived hours before the hearing and raised concerns that new second‑story storage could be converted to living space; the applicant said the space is intended for storage and display.
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The Newbury Zoning Board of Appeals continued its public hearing on a proposed renovation at 15 Sunset Drive to Thursday, June 18, 2026, after neighbors raised procedural and substantive objections about notice, the size of the replacement dwelling and the possibility that new enclosed space above the garage could be converted to habitable rooms.
Chair Eric Spahn opened the hearing and asked for specific metrics, saying: "What I guess I'd like I would like to go and start with, like, okay. What what's the lot coverage? What's the FAR? What's the height?" The board and applicant then reviewed updated drawings and the results of a site visit on Plum Island.
Why it matters: Neighbors argued the revised plans increase the house footprint and height substantially compared with the existing cottage and said some rooms labeled "studio," "library" or "office" are functionally large enough to be bedrooms. Abutters asked the board to delay action to allow meaningful review and to require deed restrictions to prevent the conversion of new enclosed space into habitable units or short‑term rentals.
What was said and decided - Christie, the board’s administrative assistant, read written comments into the record, including a letter from Paula Kirby that warned the "revised drawing still show a quadrupling of the living space" and suggested the owners could convert the property into a five‑bedroom house after construction. - In a detailed submission read aloud by Christie, Jay Martel asked the board to continue the hearing at least 21 days, said abutters received revised plans about seven hours before the meeting, and listed statutory and procedural issues the board should address. Martel’s letter requested confirmation that the new second‑story storage is included in FAR and lot coverage calculations and urged deed restrictions if approval were considered. - The applicant’s representatives described the new space above the garage as heated storage for artwork and display; the applicant also explained the homeowners redesigned the plan to present a single‑level house because "my wife is in a wheelchair. That's what we need." The applicant said the updated drawings addressed the board's earlier concerns and include a driveway access change to Sunset Drive.
Board concerns and next steps: Board members debated how to interpret "more detrimental to the neighborhood" under the bylaws, discussed precedent and the unique character of Plum Island, and asked for further review from the Conservation Commission on dune and site‑disturbance issues. The board also said it would seek clarification from Town Counsel on legal questions raised in abutter filings.
Formal action: A board member moved and the board seconded a motion to continue the 15 Sunset Drive hearing to June 18, 2026, at 07:30 in Town Hall. The continuance was approved by voice vote; the board instructed staff to request ConCom input and asked the applicant to supply clarifications requested in abutter filings.
What remains unresolved: Abutters’ requests for a 21‑day review period, the building commissioner’s determination of whether specific rooms meet the functional definition of bedrooms, and whether deed restrictions or other enforceable conditions should be required remain pending. The board did not take a final vote on the application.
The ZBA will resume the hearing on June 18, 2026, at 07:30 in Town Hall.

