10/16/2023 ANNUAL TOWN MEETING - Laserfiche WebLink

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After holding a public hearing on September 6, 2023, the Planning Board voted unanimously to recommend that Town Meeting vote to approve Article 4. Motion made by Select Board Member Weeden: I move the Town vote to approve Article 4 as printed in the Warrant. Motion passes 407 to 121 at 7:50 PM Article 5 To see if the Town will vote to amend Section 174.45.4 Subsection I of the Mashpee Zoning Bylaw as follows: I. An accessory apartment shall not be used for boarding and lodging, or other commercial use. Either the accessory apartment or the principal dwelling to which it is accessory must be rented for periods of at least 12 consecutive months at a time, with a signed lease on file, and are prohibited from any use as rental units on a weekly, daily, or monthly basis. Property owners who fail to comply with this requirement shall be subject to a three hundred dollar ($300) fine each day that this violation persists. Submitted by the Planning Board Explanation: This Article would require that any accessory apartment that is created be rented year-round. Current Bylaw states that accessory apartments MAY be rented. This Article requires that they be rented. Additionally, the current rental restriction prohibits rentals of accessory apartments of less than 30 days. This Article proposes requiring property owners to rent to tenants occupying either the principal dwelling or accessory apartment for a period not less than 12 months to be more consistent with the purpose and intent of this section. This article requires a 2/3 vote. The Select Board recommends approval of Article 5 by a vote of 4-0 The Finance Committee does not recommend approval of Article 5 by a vote of 5-1 After holding a public hearing on September 6, 2023, the Planning Board voted 3-1 to recommend that Town Meeting vote to approve Article 5. The member who offered a ‘no’ vote felt that the required 12-moth rental term contemplated in the article was too long of a term and did not support Cape Cod’s transient workforce such as visiting nurses. Motion made by Select Board Member Wyman-Colombo: I move the Town vote to approve Article 5 as printed in the Warrant. Motion fails 89 to 467 at 8:16PM 5