3.4 Accessory Apartments
Amended May 22, 1989 Article 35
A. Definition:
An accessory apartment is a separate housekeeping unit, complete with its own sleeping, cooking and sanitary facilities, that is substantially contained within the structure of a single family dwelling, but functions as a separate unit.
B. Purpose:
The purpose of the Accessory Apartment by-law are to:
1) Provide an opportunity for the older home owners who can no longer physically or financially maintain their single family home to remain in homes they might otherwise be forced to leave;
2) Make housing units available to moderate income households who might otherwise have difficulty finding homes in town;
3) Provide a variety of types of housing to meet the needs of its residents;
4) Protect stability, property values, and the single family residential character of a neighborhood; and
5) Legalize conversions to encourage the Town to monitor conversions for code compliance.
C. Special Permit Procedures and Conditions
The Board of Appeals may authorize an accessory apartment by Special Permit in any SR (Single Residence), GR (General Residence), or B (Business) District, provided the following standards and criteria are met:
1) The owner of the premises shall occupy one of the dwelling units, except for bona fide temporary absence.
2) Only one apartment will be created within a single family dwelling.
3) The accessory apartment shall be designed so that the appearance of the building remains that of a one family residence as much as possible.
4) Any new entrances shall be located at the side or the rear of the building.
5) The accessory apartment shall be clearly a subordinate part of the single family dwelling and any additions shall not increase the square footage of the original structure by more than 10 percent.
6) An accessory apartment shall be no greater than 700 sq. ft. nor shall it contain more than one bedroom.
7) At least three off-street parking spaces are available for use by owner(s) and tenant(s).
8) The Board of Health shall certify that the septic system is adequate for the disposal of sewage to be generated by both units, or that plans have been approved which will bring the system into compliance with the Board's regulations. No occupancy permit shall be issued until the Board of Health issues a Certificate of Compliance in accordance with Title 5 of the State Environmental Code.
D. Special Permit Application Procedure
The application for a Special Permit to the Board of Appeals for an accessory apartment allowed under this section shall also include the following:
1) A notarized letter from the owner(s) stating that he/they will occupy one of the dwelling units on the premises.
2) In order to provide for the development of housing for disabled and handicapped individuals, the Board of Appeals will allow reasonable waivers from this by-law where necessary to install features that facilitate access and mobility for disabled persons.
E. Transfer of Ownership of a Dwelling With An Accessory Apartment
1) The temporary special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of the property or transfer of title of the dwelling. The permit holder shall notify the Building Inspector within thirty (30) days of the of the sale or transfer.
2) Upon receiving a special permit the owner(s) must file on the subject property a Declaration of Covenants at the Worcester County Registry of Deeds. The Declaration shall state that the right to rent a temporary accessory apartment ceases upon transfer of title. A time stamped copy of the recorded Declaration shall be provided to the Board of Appeals.
3) Upon transfer of title new owners wishing to maintain an accessory apartment must re-apply for a new special permit in accordance with the procedures specified herein.
4) Upon receiving a special permit the new owner(s) must file on subject property a Declaration of Covenants at the Worcester County Registry of Deeds. The Declaration shall state that the right to rent a temporary accessory apartment ceases upon transfer of title. A time stamped copy of the recorded Declaration shall be provided to the Board of Appeals.
F. Accessory Apartments in Existence Before the Adoption of Accessory Apartment Bylaw
It is the intent of this by-law to ensure that accessory apartments or conversions in existence before the adoption of this by-law are in compliance with the State Building Code Regulations.
Application Procedure:
1) The Board of Appeals may authorize, under a special permit and in conjunction with the Building Inspector, an accessory apartment. The Board will review each existing use on a case-by-case basis to determine if the dwelling conforms to State Building Code Regulations.
2) The applicant must follow the same procedure described in Sections D and E of this by-law, including the submission of a notarized letter declaring the owner occupancy and a Declaration of Covenants.
3) Fines shall be levied in accordance with Sections 6.3 of the Zoning By-law, if the owner of an existing accessory apartment fails to apply to the Board of Appeals for a special permit for an accessory apartment before July 1991.
Amended May 21, 1990 Article 17
G. Fees
Special Permit filing fees set by the Board of Appeals shall be included with the application for an accessory apartment. These fees shall be used to cover the cost of processing the application.
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