AGAWAM — “In-law” apartments are still against the law following a 7-3 City Council vote on Wednesday.
Councilors soundly rejected an ordinance proposed by the Planning Board that would have allowed the owners of single-family homes in Agawam to install accessory dwelling units for the use of elderly parents, grown children or other close relatives.
“Wherever you put it, it becomes a nightmare to enforce,” said Councilor Robert Rossi. “The town of Agawam is going to be walking into a hornet’s nest.”
Rossi and Councilor George Bitzas suggested that homeowners could find other ways to accommodate relatives in their households, such as renovating a loft or finishing their basement, without installing a separate dwelling.
A living space is considered an “accessory” unit if it has its own kitchen and bath. The ordinance would also have allowed such units to have their own outside entrances.
Councilors said the expense of installing such units would inevitably lead to homeowners seeking to rent the unit outside their family if the original tenant dies or moves out. At that point, the home effectively becomes a duplex, which could drastically change the character of the neighborhood, said Councilor Paul Cavallo.
Vacated accessory apartments could also be used as short-term “Airbnb” rentals, added Councilor Cecilia Calabrese, which would also be out of place in a residential neighborhood.
Mario Tedeschi was one of three councilors to vote in favor of the ordinance, along with Rosemary Sandlin and Council President Christopher Johnson. He said there are already illegal apartments in town, and legalizing them will allow the building inspector to keep track of them and ensure that they are being used by family members only.
“I believe this was written to address a problem that is existing in this town,” Tedeschi said. “You’re not going to make the problem go away by not addressing it.”
During a discussion on a previous version of the proposed ordinance, in March, Johnson and Mayor William Sapelli made a similar point. They said regulating the apartments with an annual permit is far easier than prosecuting violators after the unit is occupied. Johnson said in March that enforcement is nearly impossible, as the town has to ask the landlord to evict an innocent tenant.
The ordinance rejected Wednesday would have required that homeowners apply for a special permit from the Zoning Board of Appeals, and pay an annual $250 registration fee, in order to install an accessory apartment. Only one accessory unit, up to 900 square feet, would be allowed per house.
The proposed law also mandated a limit of three residents of the accessory unit, at least three off-street parking spaces to serve the primary and accessory dwellings, and annual inspections to ensure that the terms of the ordinance are being followed.
In a public hearing before the vote, Agawam Housing Committee member Corinne Wingard said she had hoped to see a broader ordinance, allowing homeowners to rent accessory apartments to people outside their families, as a way of increasing the number of affordable housing units in town.
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