By MAUREEN DOHERTY
NORTH READING — A quorum of at least 150 voters was achieved and maintained at Monday night’s Special Town Meeting — topping out at 182 voters — and got straight to work approving the first five articles and passing over the last two in about 90 minutes.
The approval of the amendments to the town’s Zoning Bylaws on Accessory Dwelling Units (ADUs) is the town’s response to the state legislation passed on August 6, 2024 that allows ADUs to exist “by right” in all communities starting this Sunday, Feb. 2.
The actions taken Monday have established some limited controls over such “allowed by right” housing.
According to Town Planner Danielle McKnight, the state law “imposes basic size requirements that ADU’s may be 900 SF or half the area of the main house — whichever is smaller — and garages count toward this area limit; Title V and Building Code apply; and communities may impose reasonable regulations” such as regulating “ADUs in a similar manner as single-family homes in the same zoning district.”
McKnight also stated that in the “absence of the proposed bylaw change, current setbacks for accessory structures would apply, putting ADUs much closer to neighboring property lines.” That is because ADUs can be either attached or detached to the main structure and in North Reading in some districts, a detached garage can be just 10 feet from the property line.
In response to concerns raised during several public discussions over the possibility that mobile homes or office trailers could be used as ADUs, the CPC drafted an amendment to the main motion further modifying the bylaw from what was printed in the town warrant to require ADUs be placed on permanent foundations.
The amended motion was approved under Article 1. The amendment states: “An ADU must have a permanent foundation and be connected to external utilities. No trailers, manufactured homes as defined in G.L. c.140, s.32Q, or any other dwelling unit equipped with a permanent chassis with wheels may be used as an Accessory Dwelling Unit.”
Even with the passage of Article 1, it was pointed out that future changes may be written into the law and imposed on communities in the future.
“This is an evolving area of law, impacted by new state law, regulations, and subject to interpretation by the state and courts. The proposed bylaw reflects an intention to regulate ADUs in North Reading to the extent possible in compliance with still developing interpretations of state law,” McKnight stated.
“Accessory dwelling units (“ADU”), as defined in Section 200-4 of the Zoning Bylaw, are allowed as of right in all zoning districts that allow one-family detached dwellings subject to the following provisions:
a) ADU’s are allowed only as accessory to a principal dwelling.
b) ADU’s are limited to one per principal dwelling.
c)ADU’s are prohibited from serving as short-term rental units.
d) An ADU may not be placed in separate ownership from its principal dwelling.
e) No more than 1 additional parking space shall be required for an ADU.
f) When the principal dwelling is nonconforming, the ADU shall in addition meet the requirements of Section 200-10, provided that when a finding is required that the contemplated reconstruction, alteration, increase, extension or change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure, that finding will be made by majority vote of the Zoning Board of Appeals and shall not be subject to special permit criteria.”
Th town’s Building Department will be charged with issuing these by-right permits to property owners wishing to create ADUs on their lots.
Article 2
The voters also approved an amendment to the town’s Zoning Bylaws prohibiting Short-Term Rentals of less than 31 days.
A two-thirds majority was required and following a voice vote that left in doubt whether that requirement was met, Town Moderator John Murphy called for a hand count. With 106 in favor and 49 opposed, it carried.
Prior to the vote, the town’s Zoning Bylaws did not define short-term rentals and no changes to short-term rentals under state law had been proposed, but these types of rentals had been discussed “alongside ADUs” McKnight stated. The CPC had been discussing how to regulate ADUs for many years (often referred to as “in-law apartments.”)
The bylaw adopts a definition for short-term rental units and provides a timeline of 31 days or less. The bylaw also codifies a prohibition on STRUs in all zoning districts.
Article 3
Passage of Article 3 by the voters amended the town’s ZBL for the Floodplain District under Section 200-44 as well as the overlay district map to bring the town’s bylaw into compliance with the most recently adopted FEMA requirements and its most recently released Flood Insurance Rate Map (to be dated July 8 2025). The town must be in compliance with FEMA regulations and rate maps to enable property owners to remain eligible for the National Flood Insurance Program and must adopt such changes within six months of a FEMA update.
The FEMA updates make federally required amendments to permitting process, including the following new changes, required of all communities:
• Designates position in town as Floodplain Manager (Conservation Agent)
• Requires administrative permit for any activity in floodplain, including earth removal and storage of temporary vehicles
• Retains current requirements for Special Permit for construction within 100 year flood plain (CPC continues to be special permit granting authority SPGA)
• Adopts new Flood Insurance Rate Maps (final maps dated July 8, 2025 – this date to be incorporated into bylaw through the motion)
• Maps are created by FEMA, but can be accessed via the Town website
• As FEMA continues to release more detailed geographic data, the town will use this information to identify property owners who may be impacted by map changes and notify them
• Letters of Map Change will continue to be an available appeal avenue for owners who feel their properties have been misclassified; town can assist in this process.
Other actions taken by voters
Article 4: Based on the action taken by Town Meeting under Article 4, the town will soon have another means to generate some passive income.
The article for establishing Payment in Lieu of Taxes (PILOT) Agreements for Renewable Energy Generation/Storage Facilities was sponsored by the Select Board. It authorizes the Select Board to enter into PILOT agreements with private entities that install “renewable energy generation or storage facilities.”
A private company, Kearsarge Riverpark LLC located at 500 Riverpark Drive off Concord Street, has already received permits from the town to construct a battery storage facility in the office park and proposed entering into a PILOT agreement with the town.
Under the existing tax assessment process, the equipment would be tax based on its 20-year life expectancy, with most of the value taxed at a much higher rate in the first few years and then dropping off quickly as depreciation is factored into it. Under a PILOT agreement, both “the property owner and the town get to extend the depreciation period for the taxable value of the equipment to be installed, creating a more stable tax revenue stream over a longer period of time,” explained Town Administrator Michael Gilleberto.
The PILOT agreement would be applicable to other facilities that may be built elsewhere in town in the future.
Article 5: Voters approved Article 5 to authorize the Department of Public Works to pay a bill for “waste disposal” from a prior fiscal year in the amount of $89.60 to cover a disposal fee for a sharps container at the Fire Station. The warrant had specified the amount of the bill was $162.65, but the motion on the floor was amended to reflect the lesser amount needed to cover this expense, which will be paid from the FY25 Operating Budget voted under Article 16, Line 55 (Solid Waste Expense) of the June 10, 2024 Annual Town Meeting. A 9/10ths vote was required to pass.
Articles 6 and 7: As expected, both Articles 6 and 7 were passed over by the voters as there was no need to either amend the Fiscal Year 2025 Operating Budget under Article 6 or amend the Fiscal Year 2025 Capital Budget under Article 7.