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Planning board items: ADUs, floodplain mapping, wetland overlay and 3-A compliance under review

February 01, 2025 | Town of Essex, Essex County, Massachusetts


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Planning board items: ADUs, floodplain mapping, wetland overlay and 3-A compliance under review
Town staff briefed the selectmen on a package of planning-board proposals and related items on the warrant for the upcoming town meeting cycle.

Accessory dwelling units (ADUs): State law changes taking effect Feb. 2 will allow ADUs; the planning board intends to advertise a local bylaw proposal consistent with state law so the town can regulate reasonable local conditions while complying with the new statute.

Floodplain overlay district: FEMA flood maps are changing and the town will need to update its floodplain overlay language or maps to match regulatory expectations. Staff and the planning board discussed using town GIS layers and digitizing older aerial maps to reconcile differences between the town’s 1974 mapping and current FEMA exclusions; the town planner is expected to handle much of the work in-house.

Wetlands protection overlay and 3-A housing compliance: The state review of the town’s 3-A application (addressing Chapter 40B / Housing Production Plan compliance) raised questions about how wetlands overlay boundaries in the downtown are drawn and how that affects calculations used by the state. The planning board may propose minor clarifications or tweaks to the mixed-use district bylaw (a simple wording tweak or a town-counsel opinion could resolve one item) depending on what the state accepts.

Revolving funds: The staff raised the idea of permitting limited revolving funds for planning-board and conservation-commission advertising so that applicant-paid advertising fees can be collected and spent directly for timely notices, rather than flowing through the general fund and requiring frequent line-item transfers during the year.

Why it matters: The ADU change is an immediate statutory change that affects property owners and housing supply; floodplain and wetlands mapping and 3-A compliance have implications for where multifamily development can occur and for the town’s housing production reporting. A revolving fund for advertising would change cash-flow mechanics and reduce mid-year budget transfers for boards and applicants.

What’s next: The planning board will advertise its ADU proposal and other warrant articles; the selectmen may see draft warrant language and are waiting on further state guidance about the 3-A questions. The town planner will continue map digitization and staff will confer with town counsel on the mixed-use bylaw wording if necessary.

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