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a building permit. The Chair stated that, as long as the home was the principal tax structure, it likely <br /> would not prevent the homeowner from doing so. Mr. Phelan stated that Falmouth required a 6 month <br /> minimum and Chatham a 7 month minimum, and inquired about significant evidence to be shown. <br /> There was discussion about whether or not to require 6 months, but it was noted that challenges could <br /> be created for J-1 visa holders. There was consensus to try the 1 month minimum and see whether <br /> changes would need to be made, as well as reevaluate the 15 foot setback. <br /> Mr. Balzarini inquired whether the Board of Health would be monitoring the rental taxes on the <br /> accessory apartments and Mr. Lehrer stated that it could not be used as a vacation rental. Mr. Lehrer <br /> noted that there were a number of illegal apartments in Mashpee and that it would be good to have an <br /> enforcement mechanism in place. <br /> Mr. Hansen inquired about the increase of bedrooms and Mr. Lehrer confirmed that the Board of <br /> Health would ensure adequate capacity in the septic system for the addition of an accessory apartment. <br /> Regarding the minimum one month stay, Mr. Hansen reiterated that the homeowner could rent out <br /> their home weekly while living in the accessory apartment. The Chair stated that the Bylaw did not <br /> require that the homeowner live in their principal residence for 12 months but that the homeowner <br /> needed to show the Town that the house was their principal residence. Mr. Hansen stated that the <br /> homeowner could live in the accessory apartment during the 3 months of summer,while renting out <br /> the house, returning to the home during the off season. The Chair stated that a minimum of 2 or 3 <br /> months would be required for the accessory apartment,to avoid that scenario. In reference to Mr. <br /> Hansen's scenario, Mr. Lehrer suggested that the principal structure would then need to be registered <br /> with the Board of Health, and taxes paid on the rental. <br /> The Chair inquired whether the requests would be considered by Design Review and Mr. Lehrer <br /> confirmed that it would not. The Chair stated that she had developed a cover memo to share the bylaw <br /> changes with Design Review,which would include the Building Commissioner, and the ZBA, so that <br /> they could provide comment to the Planning Board. <br /> There was consensus to try it out as written, and follow up with the Building Commissioner regarding <br /> how the Bylaw was working, and the 15 foot setback would remain in place. <br /> Mr. Lehrer inquired about properties owned by LLCs and Trusts, and how best to accommodate them. <br /> The Chair suggested following up with Town Counsel, regarding principal dwelling. <br /> MOTION: Mr. Balzarini made a motion that the first two pages be submitted to the Board of <br /> Selectmen, as presented,to be placed on the October 2019 Warrant. Mr. Callahan seconded the <br /> motion. <br /> Mr. Rowley inquired whether the applicant could upgrade the septic system to apply for an accessory <br /> apartment and Mr. Lehrer confirmed that the Board of Health would need to certify the system in order <br /> for an applicant to receive the Building Permit. The system would need to accommodate the extra <br /> living spaces. <br /> All voted unanimously. <br /> 3 <br />