08/22/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT#4* OCTOBER 21, 2019 Annual Town Meeting Warrant Explanation: The current cap for non-criminal offenses under the bylaw is$300 per offense. In the event that this cap is increased in the future,the proposed replacement wording won't restrict the commission to a cap of$300. The Board of Selectmen recommends approval of Article 20 by a vote of 4-0 The Finance Committee recommends approval of Article 25 by a vote of x-X Article 27 (Draft#4) ****HOLD**** 8/19/2019 BOS Meeting *Town Counsel: A. Corrections made* To see if the Town will vote to amend §174-45.4 of the Mashpee Zoning Bylaw as follows: §174-45.4 Accessory Apartment: A Building Permit authorizing one (1) accessory apartment per lot may be granted if consistent with the following: A. In order for an accessory apartment to be permitted, in addition to meeting all of the requirements under subsections B-M,the principal dwelling unit shall not be occupied by anyone other than the property owner as listed on the latest recorded deed. For purposes of this Bylaw, the term `property owner" shall include: every person. who alone or jointly or severally with others: a) has legal title of record to any:.building, structure, or property subject to this Bylaw, or; b) has care, charge, or control of any such building, structure,or property in any capacity including but not limited to agent, executor, administrator,:trustee or guardian of the estate of the record holder of legal title;or.c).is a.lessor underwritten:agreement;or d) is the mortgagee in possession; or e) is the recognized agent,trustee or other.person claiming rights under the record title holder with care, charge, or control of the property::as a matter of law or as appointed by the courts. On an annual basis coinciding with the initial date of issuance of the Building Permit, the property owner shall submit to the Building Inspector sufficient evidence to demonstrate occupancy of the principal dwelling unit. B. The principal dwelling unit and accessory apartment shall meet all wastewater treatment requirements for the combined number.of bedrooms. The principal dwelling unit and accessory apartment shall meet all Conservation Commission and historic requirements if applicable. C. Unit Size. The design, installation, and use of an accessory apartment shall be secondary and incidental to the principal use of the structure as the owner's home.An accessory apartment may be located within the same structure as said home or constructed within a new or pre-existing detached structure. The gross floor area of the accessory apartment shall be not less than three hundred (300') square feet nor more than forty percent (40%) of the gross floor area of said structure on the date the Building Permit application is filed. D. interior Design. The accessory apartment shall be self-contained,with separate sleeping, cooking and sanitary facilities for the exclusive use of the occupant(s). Provided that the requirements of subsection B are met, there shall be a maximum of two (2) bedrooms in an accessory apartment. 26