07/15/2019 ZONING BOARD OF APPEALS Minutes

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4 Board of Selectmen Minutes July 15, 2019 Discussion of the Accessory Dwelling Units October Town Meeting Articles Submitted by the Planning Board: Evan Lehrer, Town Planner discussed an article proposed for the October warrant to allow for the development of accessory apartments as a by right use. This would allow for the development of accessory apartments in newly constructed or pre-existing detached structures. Accessory apartments would also be allowed to be constructed within the principal structures existing envelope. It would also define standards limiting short term rentals. Currently accessory dwelling units are allowed by special permit granted by the Zoning Board of Appeals. The purpose of this article is to create more year round rental housing in the Town of Mashpee. An accessory apartment is defined as an apartment created within or detached from a single- family residential structure under the provisions of§174-45.4 that contains no more than two (2) bedrooms, which may have kitchen and bathroom facilities and other rooms which are not bedrooms, either attached to or detached from a principle residence on the same lot and not owned separately from the lot or principle residence. The amendments allow for the detached structure to be no less than 300 square feet and no more than 40% of the gross floor area of said structure on the date the Building Permit application is filed. The applicant must provide documentation, endorsed by the Board of Health or its agent that the proposed accessory apartment conforms to all state and town health and sewage disposal regulations. The accessory apartment shall not be used for boarding and lodging, or other commercial use for periods not shorter than one month at a time, and are prohibited from any use as rental units on a weekly or daily basis. The principal dwelling unit shall not be occupied by anyone other than the property owner as listed on the latest recorded deed. The new bylaw does not skirt the regulatory process, and the existing special permit does not carry with the property. An accessory apartment is not intended to be for sale. The principal dwelling and accessory apartment shall remain in common or single ownership. With the change from the Special Permit requirement to the Building Permit requirement, there may be issues regarding compliance and enforcement. And, under the issuance of a Special Permit an accessory apartment can be deemed as affordable and count towards the Town's percentage of affordable units. There are consulting agencies that identify short-term rental properties and issue notifications on the requirements of short-term rental regulations. This should be given consideration. The proposal article was supported in concept with consultation from Town Counsel regarding enforcement and the legality of monitoring. This will be further reviewed with the Planning Board, the sponsors of the article.