10/16/2023 ANNUAL TOWN MEETING - Laserfiche WebLink

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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 legal capacity, including but not limited to agent, executor, administrator, member or owner of a limited liability company, trustee or guardian of the estate of the record holder of legal title; or c) is a lessor under written 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 the property owner’s occupancy of the principal dwelling unit or the accessory apartment. Submitted by the Planning Board Explanation: This Article would allow property owners who construct accessory apartments to live in their accessory apartment and rent their principal dwelling to tenants. Current Bylaw language restricts a property owner from residing in the accessory apartment while renting their principal dwelling. This Article requires a 2/3 vote. The Select Board recommends approval of Article 3 by a vote of 5-0 The Finance Committee recommends approval of Article 3 by a vote of 6-0 After holding a public hearing on September 6, 2023, the Planning Board voted unanimously to recommend that Town Meeting vote to approve Article 3. Motion made by Select Board Member Sherman: I move the Town vote to approve Article 3 as printed in the Warrant. Motion passes 417 to 64 at 7:48PM Article 4 To see if the Town will vote to amend Section 174.45.4 Subsection C of the Mashpee Zoning Bylaw as follows: 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 and fifty (350’) square feet and shall not exceed nine hundred (900’) square feet. Submitted by the Planning Board Explanation: This Article clarifies the allowed size of an accessory apartment to within a defined range. Currently, the Bylaw allows accessory apartments to be not less than three hundred (300’) square feet and may not exceed 40% of the gross floor area of any principal dwelling. The 40% calculation is confusing and thus this Article is intended on placing a firm minimum and maximum unit size of not less than three- hundred and fifty (350’) square feet and not more than nine hundred (900’) square feet. This article require a 2/3 vote. The Select Board recommends approval of Article 4 by a vote of 4-0 The Finance Committee recommends approval of Article 4 by a vote of 6-0 4