Owner-Occupancy Shift Struck From Salem ADU Ordinance Change

SALEM, MA — A much-debated amendment to Salem's accessory dwelling unit ordinance that would have allowed ADUs in buildings that are not owner-occupied was removed from a list of proposed changes to the ADU ordinance during Thursday night's City Council meeting.

The remaining changes, which are mostly minor or clerical but do include the allowance of ADUs — or so-called "in-law apartments" — in new detached structures on owner-occupied properties, received first passage from the City Council by a 9-1 vote.

Of all the changes to the original ordinance passed two years ago allowing ADUs in the first place, the owner-occupied shift caused the most consternation among both supporters and critics during a public hearing, Planning Board meeting and the City Council of the Whole meeting just last week where lifting the requirement was supported in a 5-4 vote.

But on Thursday, Councilor Patricia Morsillo, who had voted for the change last week, motioned to have that part of the amendment stricken, which was approved in a 9-1 vote.

Ward 4 Councilor Lev McClain, who was not at the Council of the Whole meeting last week, indicated he would not have supported the change, thus it would have been a 5-5 vote if the remaining councilors kept their votes the same from last week. There are currently 10 members of the Council with Councilor Robert McCarthy serving as acting mayor.

"As far as I can tell in all the communication that I've had," McClain said, "not only with my own constituents in Ward 4 but across the city there is no overwhelming public support for removing (the owner-occupancy requirement). It's just not there. And I think that matters."

Four councilors who supported removing the owner-occupancy last week changed their vote, while City Council President Megan Stott was the lone vote in favor of moving ahead with the removal of what she called an "unnecessary restriction" on creating more affordable housing.

"I am not particularly of the mindset that we worked on this two years ago and it is set in stone and we should not look at it again," Stott said. "I am of the mindset that zoning is a living, breathing item that should be reviewed and looked at. I'm also of the mindset that we have an affordable housing crisis.

"How long do we need to wait to remove a restriction that could alleviate this pressure? I have heard of people on the waiting list for affordable housing for two years. Is two years appropriate? Is three years appropriate for us to realize that removing this unnecessary restriction — a restriction that truly only lifts those up who are privileged enough to even purchase a home in the first place — might help? How long are we going to protect the privileged?"

Those opposed to lifting the restriction — including all five residents who offered public comment on Thursday — said they feared developers would take advantage of it to become absentee landlords in buildings with ADUs, and that the change conflicts with one of the original intents of the ordinance — to provide an income stream for older residents who want to downsize their living space yet stay in their homes.

But those looking to make changes to jumpstart a program off to a sputtering start in its first two years — including former Mayor Kim Driscoll, who proposed the changes in a letter to the City Council in October — argued that any additional housing at below-market value is critical to help the city's housing crisis.

"If it's one or two or 20 units," Stott said, "that additional affordable housing is a win."

Morsillo noted there are 22,963 families currently on the Salem affordable housing waiting list and that "ADUs are one small tool for low-impact housing creation" but said she was making the amendment to strike the change in the provision so that the City Council could move forward on the changes members mostly did agree on to the original ADU ordinance.

"There are many who say Salem has done enough," Morsillo said. "We are also hearing the same from Beverly and Peabody. Other communities are trying to skirt the new Massachusetts state law for multi-family zoning by right in MBTA communities.

"The reality is that every community can and must create more affordable housing."

(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)