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Planning director warns ZBA that state zoning changes could reduce board oversight on some tear‑downs
Summary
Planning Director Andy Port summarized recent state statutory changes (including section 6 revisions and a new residential‑use variance path for nonresidential zones) and warned the ZBA that more projects that meet height and setback criteria may proceed as‑of‑right, reducing the board's review role.
Planning Director Andy Port briefed the ZBA near the end of the July 28 meeting on several recent amendments to the Massachusetts zoning act that could change the board’s caseload and review responsibilities.
Port flagged three topics: (1) changes to how nonconforming structures may be reconstructed (described as "section 6" changes), which could allow greater volume to be created within an existing envelope if dimensional standards are met; (2) adjustments to the variance standard that the community already has encountered; and (3) a new residential‑use variance pathway that permits residential uses in some nonresidential zones as a tool to promote housing. He cautioned that for Newburyport — which has many nonconforming lots and structures — these state changes could permit more dimensional reconstructions as‑of‑right if applicants meet height and setback thresholds, reducing the instances where the ZBA must grant relief.
Board members discussed local responses, including a pending city council map amendment (R2a) that would lower height limits in some peripheral areas. The planning director suggested staff will circulate further guidance and that the council and planning board will continue work to adapt local regulations to the new state framework.
