10/21/2019 BOARD OF SELECTMEN Agenda Packet

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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 Permit, 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 15.00 —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 the Planning Board Explanation: This article would allow accessory apartments as a by right use. It would also allow 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 26 by a vote of 4-0 The Finance Committee recommends approval of Article 26 by a vote of 5-0 MOTION TO BE MADE BY SELECTMAN GOTTLIEB: I move the Town vote to approve Article 26 as printed in the warrant with the exception of the phrase, "or take any other action relating thereto." Article 27 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 take any other action relating thereto. Submitted by the Planning Board Explanation: This article would allow accessory apartments in the residential zoning districts of the Town as a by-right use. 33