Metro, Newton

Newton’s Zoning and Planning Committee Holds Public Hearing on Proposed Amendments to Accessory Dwelling Unit Ordinance

On Wednesday evening, Newton’s Zoning and Planning Committee (ZAP) held a public hearing to discuss possible amendments to the Accessory Dwelling Unit (ADU) ordinance, which is undergoing revision following the new state Zoning Act.  

Newton currently allows for by-right internal and detached ADUs of up to 1,000 square feet and 900 square feet, respectively. Other provisions, such as design standards, setbacks, and owner occupancy requirements, must be revisited to align with state law. 

In addition to updating Newton’s ADU ordinance to bring it in compliance with the new state law, ZAP is discussing an amendment to increase the maximum size for by-right ADUs from 900 square feet for detached ADUs or 1,000 square feet for internal ADUs to 1,200 square feet. 

Newton Mayor Ruthanne Fuller addressed the topic of ADUs in her most recent newsletter.

“Last August, Governor Healey signed into law the Affordable Homes Act, which as of Feb. 2, 2025 made small ADUs by-right anywhere in Massachusetts where single family homes can be built,” Fuller wrote. 

She explained that of the 33,116 housing units in Newton as of the last census, Newton currently has 121 permitted ADUs.

“Approximately three-quarters of Newton’s accessory dwelling units are located inside the main house and one quarter are in detached structures; most of the ADUs in detached structures are located in historic carriage houses,” Fuller wrote. 

Fuller explained that since 2014, an average of 10 ADUs have been permitted per year, and just 0.6% of single and two-family homes have an ADU in Newton. 

The second non-state-required amendment would remove a requirement that the existing carriage house be at least 15 feet from neighboring residential buildings and allow historic carriage houses in local historic districts to convert to ADUs with approval. 

At the public hearing, Newton resident Jane Harper, co-president of the Newton League of Women Voters, read from a letter previously issued by her association’s Board of Directors. 

“The current limits set forth in Newton’s ordinance are no longer enforceable because the state regulations make them obsolete,” Harper said. 

Harper continued, explaining that her association overwhelmingly supports the changes to ADU regulation required by state law, along with the Newton-specific changes proposed by Ward 2 Councilor-at-Large Susan Albright. 

“We also support additional amendments to the ADU ordinance proposed by councilor Susan Albright to increase to 1200 square feet the by-right size of ADUs and increase the by-right size of ADUs in historically significant accessory buildings,” Harper said. 

Harper celebrated several of the required ADU ordinance changes outlined by the City Planning Department, including removing occupancy limits, updating the definition of gross square footage, removing inapplicable design standards, and revising setback and height requirements. 

“The changes set forth in the memo will align Newton’s ADU ordinance with the Commonwealth’s requirements, which will provide increased transparency to Newton residents and eliminate potential confusion,” Harper said. 

Luke Mann-O’Halloran, a leader at pro-housing advocacy Newton for Everyone, explained that his members have written over 71 letters or emails to ZAP supporting this proposal and its amendments. 

“We asked our members to send those letters because we believe that ADUs are addressing a housing crisis that is present across our community,” Mann-O’Halloran said. 

Mann-O’Halloran explained they are especially supportive of the amendment permitting the by-right development of an ADU to use the entire footprint of existing historical structures. 

“This just seems like a better way to use those structures to ensure the project’s potential, and that makes sense in terms of the design,” Mann-O’Halloran said. “It should probably lead to better preservation, as opposed to if you weren’t able to do that, where you might see more tear-downs of those structures.” 

Newton residents Dan Ruben and Russel Feldman emphasized the environmental and preservation benefits of ADUs, while residents Mark Armstrong and Kathy Pillsbury emphasized a need for flexible design and size limits. Additional speakers raised concerns about setbacks, historic district regulations, and the impact on neighborhood aesthetics. 

Zoning Board of Appeals Member Deborah Crossley spoke at the hearing, explaining that she believes the additional amendments reflect Newton’s unique housing stock and resident needs. 

“These amendments came from your constituents, and came from folks who volunteer their time on the Newton Housing Partnership, the housing committee, Newton for everyone, by the building professional working group,” said Crossley. “They are responding to the need to make ADUs make more sense for Newton.” 

Crossley explained that while Newton has many housing needs, ZAP has an obligation regarding ADUs after hearing the community speak. 

“The housing needs of our community was across the board when the last council was elected,” Crossley said. “It’s not enough to care. You have to vote to employ all of the tools that we have to meet the housing needs of our residents.”

Further discussion on the ADU ordinance will occur at ZAP’s meeting on March 10. 

March 1, 2025

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