08/22/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT#4* OCTOBER 21, 2019 Annual Town Meeting warrant L. Pre-existing Legal Units. The rights and requirements of this bylaw hereby transfer to any property owner who has constructed or has been granted the rights to construct an accessory apartment under a Special Permit from the Board of Appeals prior to the adoption of this bylaw. The Building Commissioner or his designee shall convey notice of such to said property owners by December 31, 2020. M. Amnesty. In an effort to meet local housing needs, real property containing an accessory apartment as described in this Section,for which avalidly-issued Variance,Special P.ermit, Building Permit, occupancy Permit or Rental Certificate does not exist, may apply to the Building Department for an occupancy Permit or to the Health Department for a Rental Certificate to continue legal use as an accessory apartment. Amnesty is for accessory apartments not permitted prior to the passage of this bylaw and shall not be granted unless the septic loading capacity for existing structure(s) and the existing approved septic flow for the property, both comply with the requirements of the Mashpee Board of Health regulations and 310 CMR 1.5.00 — The State Environmental Code, Title 5. Failure to comply with all pertinent State and local rules and regulations shall result in forfeiture of the accessory dwelling unit and/or the removal of the bedroom(s) causing exceedance to the approved septic flow capacity of the property. Submitted by Planning Board Explanation: This article would allow for the development of accessory apartments as a by right use. It would also 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 also defines standards limiting short term rentals and establishes enforcement criteria. The Board of Selectmen recommends approval of Article 27 by a vote of X-X ****HOLD**** The Finance committee recommends:apprpval of Article 27 by a vote of X-X Article 28 (Draft#4) To see if the Town will vote to amend §174-25 (A)(8) of the Mashpee Zoning By Law "Table of Use Regulations" by replacing the letters 'SP' located in the columns identified as R-3 and R-5 with a 'Y' as follows: Type of Use Residential Commercial Industrial R-3 R-5 C-1 C-2 C-3 I-1 Accessory apartment Y Y -- -- -- -- subject to the provisions of§174-45.4 or tame any other action relating thereto. Submitted by Planning Board 28