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Peabody council adopts revised ADU ordinance to align with state rules
Summary
The Peabody City Council voted July 9 to adopt amended rules for accessory dwelling units after staff incorporated departmental feedback clarifying billing, building-code compliance and rental requirements. The changes aim to bring the city's ADU regulations into compliance with state law while preserving local oversight.
The Peabody City Council on July 9 adopted amendments to the city's accessory dwelling unit (ADU) ordinance that city staff said are necessary to conform the local code with recent state requirements.
Kurt Bellenance, introduced in the hearing as director of planning and community development, told the council the revisions incorporate comments from multiple departments, including the treasurer's office, the fire department and the public-health division. "We've been working on this for quite some time now," he said, describing changes that assign utility and billing accounts to the principal dwelling, require building‑ and fire‑code compliance when the ADU creates a third dwelling unit, and reference sanitary-code requirements for rental units.
The ordinance text also adds a cross-reference to the city's Chapter 4 rental rules for ADUs that will be rented, and clarifies that all ADUs must obtain review and approval from the building department to ensure compliance with state building codes. Bellenance said the amendments were largely technical and were drafted to address concerns raised during an earlier public hearing and by departmental review.
A councilor who questioned the measure said the changes reflected state preemption of local zoning and expressed frustration that the city had to adapt its rules. "The state in their infinite wisdom decides that our zoning doesn't mean anything," the councilor said. Other councilors thanked staff for incorporating departmental feedback and for limiting changes to what the state requires.
After closing the public hearing, a councilor moved to adopt the ordinance as amended. The motion passed on a roll-call vote and the ordinance was adopted.
The ordinance package presented in the July 9 memo references specific local code sections and state codes; Bellenance told the council that the amendments were intended to avoid conflicts with state regulations and to make enforcement and permitting clearer for homeowners and the building department. The council did not take additional amendments on the floor and directed staff to publish the revised ordinance language and next steps for implementation.
The council's action completes the adoption stage; implementation will follow standard permitting and enforcement procedures by the building and health departments.
