05/05/2025 Annual Town Meeting - Laserfiche WebLink

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accessory dwelling unit under a Special Permit from the Board of Appeals prior to the adoption of this bylaw. An Accessory Dwelling Unit created by special permit under the prior version of Section 174-45.4 which meets the definition of an ADU contained in this current version of Section 174-45.4 shall automatically be converted to an ADU hereunder. "The provisions §174-17 shall not apply to an alteration, enlargement, structural change, or reconstruction of a legally existing, nonconforming single family structure for the purpose of creating an Accessory Dwelling Unit." History: Amended 10-21-2019 ATM, Article 26, approved by Attorney General 2-11-2020 L. Amnesty. In an effort to meet local housing needs, real property containing an accessory dwelling unit as described in this Section, for which a validly -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 dwelling unit. Amnesty is for accessory dwelling units 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 unit or reconstruction of the unit to achieve compliance. History: Amended 10-21-2019 ATM, Article 26, approved by Attorney General 2-11-20 or take any other action relating thereto. Submitted by the Planning Board Explanation: Approval of this article will ensure the Town's Zoning Bylaws are in compliance with the new Affordable Homes Act, adopted as state law, which mandates that municipalities' zoning codes allow Accessory Dwelling Units in single family zoning districts as of right, subject to certain terms and conditions. The Select Board recommends approval of Article 24 by a vote of 4-0 The Finance Committee recommends Article 24 by a vote of 7-0 The Planning Board unanimously recommended approval of Article 24 Motion made by Select Board Member Cotton Motion: I move the Town vote to approve Article 24 as printed in the warrant, with the exception of the phrase "or take any other action relating thereto."