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Select board approves zoning tweaks: unit‑size minimum removed and new rules for additional structures

Newcastle Select Board · March 25, 2025
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Summary

The board passed Article 3 to remove unit floor‑area minimums to comply with state LD 2003 and passed Article 4 to amend rules on additional structures, creating a permitting path for marina/dry‑storage uses so a new Newcastle Marine owner can come into compliance.

The Newcastle Select Board voted March 24 to remove unit floor‑area minimums from the core zoning code and to amend the town’s rules on "additional structures" to address permitted marina and dry‑storage uses.

Staff explained Article 3 stemmed from a state review of local zoning under LD 2003 and that the town’s existing floor‑area minimums were flagged as conflicting with that law. "The state determined that in order to be fully compliant with LD 2003, we had to remove those," a planning official said, and staff emphasized the change was necessary to secure a roughly $10,000 state payment being held pending corrections.

Board members and residents asked whether removing the minimum would produce micro‑units or otherwise change housing outcomes. Staff said the town’s other code provisions and use tables remain in place and that the prior minimum had been intended to prevent conversion to dwelling units; the cited conclusion was that removing the metric better aligns with LD 2003 standards without enabling inappropriate conversions.

Article 4 revised Section 9 on additional structures after staff said a property in the fabrication district—identified in discussion as Newcastle Marine—had unpermitted wrapped buildings used for boat storage and winter work. The amendment creates a tailored permitting path for marina/dry‑storage uses, allows larger accessory structures tied to that use, and includes a condition that such structures must be removed if the marina use discontinues. An interim code enforcement officer said the change was designed to bring the current owner into compliance and to address future similar uses without altering district maps.

A board member recused themself from the Article 4 vote because of business ties to the affected property; the motion passed by voice vote. Staff said the planning board will continue to review additional structure standards and may propose further amendments at a future special town meeting.