Salem In-Law Apartment Push Clears Bar At Long Last

SALEM, MA — After three years of debate, and two previous votes where majority City Council approval was not enough to pass the Accessory Dwelling Unit ordinance under state laws, Salem appears on its way to allowing so-called in-law apartments after a 7-4 vote of the council Thursday night.

The ordinance, which would allow property owners to rent out smaller areas of their homes at below full-market rate, twice passed the City Council with a 6-5 vote in recent years but fell short of the two-thirds "supermajority" required under previous state law. Gov. Charlie Baker in March signed the state's new economic development package that now allows cities and towns to make zoning changes based on a simple majority vote.

Under previous rules, the 7-4 majority vote from Thursday night would have still fallen short of the supermajority threshold.

Proponents of the accessory unit dwellings argue that they bring more housing options to areas — such as Salem — with a severe housing crunch without encouraging further development. Opponents say that additional units within existing homes could change the nature of some neighborhoods and add to traffic and congestion issues.

While it is not known how widespread the option will actually be used, it will create the option for seniors to be able to stay in their homes with the income they get while renting out smaller portions of their property they no longer need. It could also help younger people get a foothold in the city with the option of renting out the smaller units — typically between 300 and 800 square feet — when they may not be able to afford the market rate on a traditional one-bedroom condo or apartment.

There is also the possibility that the ordinance could bring some apartments that currently operate as "illegal" attic or basement units into the marketplace.

Mayor Kim Driscoll has been a longtime advocate of ADUs.

"Hallelujah!" she posted after the vote Thursday night. "Grateful to City Council members for their support. This is a step in the right direction to support our city's affordable housing needs. Thanks to all who supported this measure."

City Council president Christine Madore, who recently said she will not run for re-election this fall and has taken a job with the Massachusetts Housing Partnership, also applauded her six fellow council members who voted for the measure.

"Nevertheless, we persisted," she said. "This is the first affordable housing policy ever adopted in Salem, with rents capped at 70 percent of (full-market rate). One more passage makes it final, but this is huge for the city.

"Thanks to all who came out to support over the years."

Josh Turiel, Megan Riccardi, Conrad Posniewski, Patricia Morsillo, Robert McCarthy, Ty Hapworth and Madore voted "Yes" on the measure. Arthur Sargent, Timothy Flynn, Domingo Dominguez and Stephen Dibble voted "No."

The was a motion from Dominguez to have the ordinance put a vote in an upcoming city ballot questions.

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(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.)

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