HomeMy WebLinkAbout1983-01-12 Planning Board MinutesIrJ
Accessory
Apartment/Final Draft - January 12, 1983.
DEFINITION:
ACCESSORY
APARTMENT: One or more rooms with separate kitchen and
bathroom facilities in a home originally
constructed as a single housing unit for
the occupancy of a separate household, which
will be limited by size, building code
requirements and external appearances, as
a minimum.
BY-LAW:
PURPOSE:
The purpose of allowing accessory apartments within the
Town is to encourage the alteration and/or construction
of a limited number of housing units which will increase
the availability of rental units within the Town and will
help to meet local housing needs without causing signifi-
cantly adverse effects on the character and municipal
services of the community and to ensure compliance with
State and local planning standards and policies concerned
with land use, building design and requirements of the
health, safety, convenience and general welfare of the
inhabitants of the Town.
RESTRICTIONS:
Any and all persons seeking a Special Permit for an
accessory apartment.-shall, as a minimum, meet the
following conditions:
a)
b)
The dwelling, in which the accessory apartment is
to be located, had a executed use and occupancy
certificate and was occupied prior to August 1,
1982;
The accessory apartment shall be a use incidental
to the single family dwelling and shall occupy
no more than 1/3 of the gross floor area (as of
August 1, 1982) of the single family dwelling,
exclusive of any garage, shed or similar struc-
ture of accessory use attached to the single
family dwelling and shall contain as a minimum
at least 400 square feet of living space and as
a maximum no more than 750 square feet of living
space. The formula for computing the impact on
density shall be based on a ratio of building area
to total land area not to be more than 1:5;
C) The owner or owners of the building in which the
accessory apartment is located resides in the
apartment or principal residence and shall not be
absent therefrom for a period not to exceed one
year and during said temporary absence said owner
or owners shall not lease or allow to be occupied
by unrelated persons that portion of the building
in which they reside;
Accessory Apartments/Final Draft
Page 2
1/12/83
d) The accessory apartment and any and all other
modifications to the principal dwelling shall
be designed so that the appearance of the building
remains that of a single-family residence. Any
new entries shall be located on the side or in
the rear of the building and any additions for
access and/or egress shall not increase the
square footage of the original house by more
than ten per cent (10%) and the building density
no more than that allowed in paragraph b) above;
e) All motor vehicles owned or maintained by occupants
of the building in which the accessory apartment is
located shall be parked off the street and the loca-
tion and appearance of all additional off-street:.
parking shall not adversely affect adjoining proper-
ties, properties in the neighborhood or the single-
family appearance of the neighborhood in general and
will cause no change to-the front yard parking area
as it existed on August 1, 1982;
f) There shall be no other apartment on the lot on which
the accessory apartment is to be located;
g) The accessory apartment shall. meet all building code
requirements and shall.have properly installed and
maintained fire safety devices for the protection
of all occupants in the entire dwelling;
h) Special Permits for accessory apartments can be
issued by the Boardof Appeals up to'a limit of
ten per cent (10%). of all eligible single-family
housing stock,
PROCESS: An owner or owners of a single-family dwelling must make
application to the Board of Appeals for a Special Permit
for the alteration and/or construction and occupancy of
an accessory dwelling unit in a single-family dwelling in
compliance with all of the above-listed restrictions.
The Board of Appeals will then post notice of.this.public
hearing in accordance with Chapter 40A. The Special Per-
mit for said accessory apartment is not transferable with
ownership and separate application must be made to the
Board of Appeals when title of ownership is transferred.
If the terms and/or conditions of the Special Permit for an
accessory apartment are not being complied with, such Special
Permit can and will be revoked in accordance with standard
enforcement procedures, or if all conditions are not met
within one year of issuance of the permit, the Special
Permit will be null and void.