HomeMy WebLinkAbout1983-01-05 Planning Board MinutesMinutes of the Meeting of January 5, 1983.
Chairman Mitchel called the meeting to order in. Room 19, 52 Sanborn
Street (the Community Center) at 7:10 P.M. with Board members M. Rich,
A. Burne and K. Messina present.
The following draft proposal was circulated for review and discussion.
4.3.2.7. Accessory Apartments
a) - Purpose: The purpose of allowing accessory apart-
ments within the Town is to encourage the construction
of a limited number of housing units suitable for occup-
ancy for older people, young couples and persons of
low and.moderate income to find.suitable housing within
the Town and ensuring complaince with the planning stan-
dards and policies concerned with land use,.building
d-esign and requirements of the health, safety, conven-
fence and general welfare of the inhabitants of the Town_
b) Permitted-Districts for 'Accessory Apartments : An
owner or owners of a single-family dwelling in any
Or in any S20 or S40) District may, after consultation
with the Planning Board, apply to the Board of Appeals---
a or Special Permit for the construction of an accessory
dwelling, hereinafter referred to as an "accessory apart-
ment". -
c) - Restrictions: The following restrictions shall
apply to all persons seeking a Special Permit for the
construction of an "accessory apartment",.but shall
not be limited to the following:
i The apartment is accessory to the principal resi-
dence, the floor area of the "accessory apartment"
shall-not occupy more than 25% of the floor area of
the principal residence;.
ii - The apartment or principal residence shall be occupied
by the owner of the lot in which the apartment is to
be located, (except for bona fide temporary absences
and by permission from the Board of Appeals);
iii - Adequate provision has been made for the disposal-of
sewage, waste and drainage generated by-the occupancy
of such "accessory apartment" in accordance with the
requirements of.the Board of Health and Board of
Public Works:
iv Adequate provision has been made for access and egress
`for such an "accessory apartment" without changing
the external character of the dwelling -in which said
apartment is contained;
v - the minimum square floor area of the principal building
contains at least 2000 sq ft of living space before
ix -Periodic notification: of the progress of
Gr L gaS S^T! ] Tl and t.-,t i 'j work shall
be given to the Town's Buidling inspec-
tor so that prpper determination of
x - Fire safety devices and equip- compliance with the appropriate code
meat shall be 'installed in can be assured.
accordance with the building.'
code requirements January 1,,1983 and any addition which is made
and under the after January ;l, 1983 to a building which was in
supervision of existence on that date shall be deemed to be a
the Town's Fire part of the building provided that the addition
`thief. does not increase the floor area or volume of the
original building by more than 10% and provided
.further that the addition will not alter the
character of the building;
vi - adequate provision has been made for off-street
parking of motor vehicles in such a fashion as
is consistent with the character of a single
family residence;
vii- there is no other apartment on the lot on which
the apartment is located;
viii - To ensure compliance with these restrictions, the
applicant must obtain and submit to the Board of
Appeals at.least 14 days prior to the public hearing
.a written report from the Board of Health certifying
that the conditions herein required have been met.
The Board of Health may submit_a supplement to its
report within 7.days after.the hearing.
d) - Process: An owner or owners of a single-family-
dwelling must first apply to the Planning Board
for permission to make application to the Board
of Appeals for a Special Permit for the construc-
tion and occupancy of-an accessory dwelling unit
in a single-family dwelling, in compliance with
all of the above-listed restrictions: After per-
mission from the Planning Board, application may
be made to the Board of Appeals for said Special
Permit. After all the necessary verifications and
certifications have been received by.the Board.of
Appeals, a public hearing will be held not more
than 45 days after all documents have been received,
except by mutual consent of the petition and the
Board of Appeals.
i - Report of Planning Board: In connection with an
application for a Special Permit under this section,
the applicant shall consult with the Planning Board
prior to the hearing and the Planning Board shall
submit in writing, prior to the public hearing,
its recommendation and report to the Board of Appeals.
The Planning Board may supplement its report within
7 days after the hearing. The report of the Planning
Board shall include as a minimum:
- a determination of the area of the lot on which
the apartment is located;
a general description of the neighborhood in wich
the lot lies and the effect of the proposed apart-
ment on the neighborhood;
the recommendation of the Planning Board as to
the advisability of granting the Special Permit
and as to any restrictions which should be imposed
as a condition of such a permit;
-.The Board of AppealB shall give due consideration
to the report of the Planning Board, and, where its
decision differs from the recommendation of the
Plannning Board, shall state the reasons therefore
in writing.
e) Occupancy: No building in any Residential (or S20
or S40) District shall be used for an ao,,tment
unless the owner or owners of-the building have
secured a Special Permit in compliance with all
of-the foregoing rules and regulations and only
after inspection by the Board of Health, Board
of Survey,, Fire,Department and Building Infector.
After review and discussion, the following format and restrictions
were approved:
EFINITION:
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-LAN
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
significantly adverse effects on the character of the
community and to ensure compliance with State and local
planning standards and policies concerned with land
use, building design and requirments of the health,
safety, convenience and general welfare of the inhabi-
tants of the Town.
RESTRICTIONS:
Any and all persons seeking a special Permit for an
\ accessory apartment,-shall, as a minimum, meet the
following restrictions: _
a) The dwelling, in which the accessory 'apartment is
to be located, had a executed use and occupancy
certiyicate and was occupied prior to August 1,
1982
Page
1/5
b)
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
elling
d
l
,
w
y
August 1, 1982) of the single fami
exclusive of any garage, shed or similar struc-
ture of accessory. use attached to the single
inimum
.
family dwelling and shall contain as a m
d as
at least 400 square feet of living space an
f living
t
o
a maximum no more than 750 square fee
The formula for computing the impact on
e
.
spac
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
the
i
n
accessory apartment is.located resides
d shall not be
apartment or principal residence an
absent therefrom for a period not to exceed one-
year and during said temporary absence said owner
ied
occu
b
p
e
or owners shall not lease or allow to
ns that portion of the building
d
perso
by unrelate
in which they reside;
d)
The accessory apartment and any and all other
rincipal dwelling shall
the
p
modifications to
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 - ,
f
or
the rear of the building and any additions
access and/or egress shall not increase the
square footage of the original house by more
t (100) and the building density
than ten per cen
more than that allowed in paragraph b) above;
e)
All motor vehicles owned or maintained by occupants
i
s
of the building in which the accessory apartment
d the loca-
located shall be parked off the street an
tion and appearance of all additional off-street
parking shall not adversely affect adjoining proper-
ties, properties in the neighborhood or the single-
and
eneral
d in
h
`
.
g
oo
family appearance of the neighbor
the front yard parking area
t
n
o
ge
will cause no cha
as it existed on August 1, 1982;
f)
There is no other apartment on the lot on which the
apartment will 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;
h)
Special Permits for accessory apartments can be
issued by the Board of Appeals ups to a limit of
ten per cent (100) of all eligible single-family
housing stock.
r',a E~
1/5;/83
The Board felt that the process for application was too cumbersome
and confusing. In order to alleviate this problem, the Board.voted
to give the permit granting authority to the Board of Appeals with
.adequate access of information from the Building Inspector. All
enforcement authority would lie with the Building Inspector's office
with certifications from Fire Department, Plumbing Inspector, Wiring
Inspector, and Board of Health (if necessary) before permits were
valid.
The Board then approved the following wording on the process for
application. for a Special Permit for an accessory apartment:
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 Specia
Permit can and will be revoked in accordance with standard:
enforcement procedures.
The Board voted to ajourn at 10:30 P.M. The next meeting was
scheduled for January 12, 1983 at 7"P.M. with.the listed agenda
tonic being "Accessory Apartments".
Respectfully submitted,
Kenneth G. Messina, Clerk