New MA Law Settles North Shore Long-Simmering ADU Debates

SALEM, MA — Following years of often-heated debates across the North Shore about the allowance of accessory-dwelling units — or so-called "in-law apartments" — and what stipulations to put on the creation of them, the state essentially made those discussions moot earlier this month when Gov. Maura Healey signed the Affordable Homes Act that allows ADUs "by-right" in all communities across the Commonwealth in neighborhoods zoned for single-family housing.

Proponents of expanded ADUs argue they were a necessary and relatively low-impact way to increase the housing stock — potentially allowing older adults to stay in their homes by renting out a sub-portion of them as a separate unit — amid a critical housing crunch. Those opposed argued they had the potential to change the character of residential neighborhoods and increase traffic and congestion.

While the tide had turned toward allowing more ADUs in recent years — including successful efforts in Beverly, Salem and Swampscott — the provision included in the $5.16 billion housing act essentially forces the hand of those who remained opposed to expanded ADUs.

"This was a major issue last year at town meeting as well as with this board," Marblehead Town Administrator Thatcher Kezer told the Marblehead Select Board on Wednesday night. "Any single-family property that has an accessory structure, whether attached or not attached, so long as it's no more than 900 square feet and no more than half the size of the dwelling is now allowed one (ADU) by right."

Kezer said this is part of the efforts of the state to "really push to increase housing."

"Massachusetts is in a housing crisis and as I've said in certain forums they are pushing the panic button," Kezer said. "The feedback that the state is getting is that there are major industries that support the economy here in Massachusetts that are telling leaders in the Commonwealth: 'We can't hire people because they can't find anyplace to live. And if that happens, we need to move our industries elsewhere.'"

The new provision takes effect as of Feb. 2, 2025.

Kezer said ADU applications have already come in under the town's current bylaw and that officials are looking at ways they will need to adjust the process with the expanded allowance that supersedes individual town bylaws.

Danvers Town Manager Steve Bartha told his Select Board this week that the town largely already complies with the new state law but that provisions marrying the zoning policies may need to be included in an upcoming Special Town Meeting this winter.

Lt. Gov. and former Salem Mayor Kim Driscoll pushed for expanded ADUs in the Witch City for years before it finally passed the City Council only after Gov. Charlie Baker's state housing push that changed the threshold for passage of ADU bylaws from a two-thirds "super majority" to a simple majority.

After two failed efforts, the bylaw passed in Salem in 2021. Two years later, the City Council narrowly voted to expand the ADU statute but only after a push to allow them in non-owner-occupied buildings was struck from the changes.

Beverly also worked through a long process to expand ADUs in that city over the past two years after a previous ordinance allowed them only on a temporary basis for family members.

City Councilor Hannah Bowen championed that process that led to a new ordinance that required the owner to live in either the main dwelling area or the ADU itself on any property, and be in line with city bylaws banning short-term, or transient, rentals.

"I'm thrilled with it," Bowen told Patch of the statewide provision on Thursday. "The work we did to pass a strong ADU ordinance helped to build the case for this policy, and I am proud that we were part of that.

"One of the criticisms I heard during our process was essentially: 'Sure, this policy makes sense. But doesn't it hurt Beverly if we increase/adapt our housing supply and none of our neighbors do?' By enacting this policy statewide, we all benefit."

Local officials indicated they were still working through the implications of the state law — including whether local provisions such as rent caps, owner occupancy and parking-space allotments would be recognized or overruled. Kezer told the Marblehead Select Board that local zoning requirements on setbacks and other similar measures would still be allowed under his understanding of the Affordable Homes Act.

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