A new state law that requires all Massachusetts municipalities to allow accessory dwelling units by right will override Marblehead’s recently adopted ADU bylaw. ADUs are smaller, separate living spaces on the same property or within the main home. They can offer affordable housing options or provide extra space for family members to live independently while staying close to home. Under Marblehead’s bylaw, residents are required to get Planning Board approval for ADUs. That will no longer be the case.
The change comes as part of a broader housing bill signed into law by Gov. Maura Healey. The legislation aims to help address the state’s housing crisis by increasing housing stock and affordability.
State officials and housing advocates argue ADUs should be a tool to alleviate the Massachusetts housing crisis by increasing housing density without drastically altering neighborhood character. These small, secondary units — whether attached to existing homes or built as separate structures on the same property — provide affordable housing options in areas where real estate prices have skyrocketed.
Marblehead, like many communities in the state, has grappled with rising housing costs and limited inventory. In May 2023, Marblehead Town Meeting approved a bylaw allowing ADUs under certain conditions. However, the new state law goes further, requiring all cities and towns to permit ADUs by right for single-family properties.
The state law’s implementation date of Feb. 2, 2025, gives Marblehead and other municipalities time to adapt processes. However, it also presents challenges for towns currently processing ADU applications under existing bylaws.
Marblehead Town Administrator Thatcher Kezer explained the implications at an Aug. 14 Select Board meeting.
“This legislation that has passed now opens up all communities to allow ADUs by right,” Kezer said. “Now, there are limitations as to how that can be implemented … so any single-family property that has an accessory structure, whether attached or not, is eligible, so long as it’s no more than 900 square feet and no more than half the size of the primary dwelling.”
Towns may require one parking space, except for properties within half a mile of public transit.
Crucially, the new law prohibits municipalities from limiting ADU occupancy to family members, a restriction some towns have used to control ADU proliferation.
Robert Schaeffner, chair of Marblehead’s Planning Board, shared insights on the town’s experience with ADUs since their approval in 2023.
“The town didn’t turn into [chaos],” he told the Current. “Basically, the idea is that people thought there’d be a run on the thing and there’d be hundreds. It’s just not happening.”
Schaeffner noted that only three ADU permits have been pulled in Marblehead since the bylaw passed, countering fears of widespread changes to neighborhood character.
“I was never worried about it. It’s the right thing to do,” he added.
The Planning Board chair also highlighted the relative simplicity of interior ADUs compared to new constructions or additions.
“An interior ADU that’s fully inside an existing home or structure is so much simpler than if it’s a new building to do or an addition,” Schaeffner explained. He noted that interior ADUs primarily involve use issues, while new constructions require additional zoning considerations.
As Marblehead adapts to the state mandate, Schaeffner suggested that some clarification may be needed, but emphasized the town’s goal of making the process as easy as possible for residents.
Supporters of the state law argue it will create more affordable housing options and allow seniors to age in place. However, some residents have expressed concerns about neighborhood character and enforcement of ADU regulations.
