The League of Women Voters of Salem has not taken a position on the zoning ordinance amendments relative to Accessory Dwelling Units (ADUs). However, we would like to provide some information to Salem stakeholders so that they might deliberate and come to their own conclusions. As always, we strongly encourage everyone to communicate with their elected officials, including via remote participation in public meetings. (You can find the council's contact info here and the mayor's here.)
We will start by pointing out that the council is considering an amendment to an existing ADU ordinance. This amendment is intended to broaden the current ordinance so that people other than family members can take advantage of the units. Seven members of the planning board voted in favor of the amendment with the small changes outlined below at their meeting on 8 May 2020. No member of the planning board opposed these changes.
Changing “accessory living area” to “accessory dwelling unit” and allowing for accessory use in the following zoning districts: residential conservation (RC), residential one-family (R1), residential two-family (R2), and residential multi-family (R3). Accessory use will not be allowed in business or industrial districts.
Clarifying the ordinance to ensure no net loss in the total measured caliper of private trees.
Allowing an existing unattached structure by right but requiring a special permit for additions to existing unattached structures. The amendment will not allow accessory dwelling units in new detached structures.
Defining an ADU as a housekeeping unit, with its own sleeping, cooking and sanitary facilities located either in an existing unattached accessory structure or attached to a principal dwelling unit.
We have heard criticisms that an affordability piece was not written into the ordinance. The creation of any ADU will add to the housing stock, which is one way to naturally bring down market rates. Additionally, because ADUs will be 800 square feet or less, unless a special permit is granted, many people conclude that this smaller size will lead to ADUs being offered at lower rents than larger apartments. Therefore, the ADU ordinance would enlarge the inventory of smaller, lower-priced apartments in Salem.
Beyond these market forces, the council is also considering legislation to encourage an ADU landlord to rent their ADU to low-income residents at an affordable rate. On Tuesday, 26 May, at 6:00 pm, the OLLA committee will consider a home rule petition (addressed to the state legislature) that would allow Salem to grant property tax exemptions for ADUs rented as affordable housing. The petition defines "affordable" as Housing and Urban Development (HUD) rental rates for households at 60% of area median income or less. As an example, under the current HUD rates, a homeowner could apply for a tax exemption for their ADU if it was rented to one person making $49,800 or less at a rental rate of $1,245 per month or less. The property tax exemption would apply to the ADU, not the entire property. See pages 135-136 of this document.
This proposed home rule petition was submitted to the city council in February by Councilors Domingo Dominguez (at-large), Ty Hapworth (at-large), Christine Madore (W2), Robert McCarthy (W1), Patti Morsillo (W3), Conrad Prosniewski (at-large), Megan Riccardi (W6), and Josh Turiel (W5), and Mayor Kimberley Driscoll. See pages 130-132 of this document.
The home rule petition does not require a super-majority of 8 councilors to pass, but the zoning ordinance does.
Contact your councilors and join the meetings. The links should be updated with information about how to join the meeting, and agendas and supplemental materials as they become available.
Tuesday, 26 May, 6:00 pm: Ordinances, licenses, and legal affairs (OLLA) committee meeting.
Thursday, 28 May, 7:00 pm: City council regular meeting
7 June Addendum:
Submitted by Jen Lynch, LWVS City Council Liaison