10/21/2019 BOARD OF SELECTMEN Agenda Packet

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Article 26 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, 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 asa 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. Rooms which might be converted at some future time to a bedroom, such as studies, studios, libraries and the like, shall be counted as bedrooms for the purposes of this Section. E. Exterior Design. Modifications to the exterior of an existing principal structure resulting from the installation of an accessory apartment located within the same structure as the applicant's home shall be consistent with the principal structure's predominant character as a single-family home. 31