HomeMy Public PortalAboutDraft Accessory Dwelling Unit Changes 8/09/18 DRAFT
08/09/ 18
( 1 ) Suggested Changes to Section 179 - 2 , Definitions .
Delete the existing definitions for Affordable Accessory Commercial Dwelling Unit and Affordable
Accessory Single Family Dwelling Unit, and add the following new definitions below :
ACCESSORY COMMERCIAL DWELLING UNIT ( ACDU )
A housing unit, complete with its own sleeping, cooking and sanitary facilities, that is located
within a structure containing a commercial , wholesale or industrial use, or in a separate
structure on the same lot as a commercial , wholesale or industrial use .
An ACDU shall have no more than one bedroom and shall have a maximum habitable area of
800 square feet . Habitable area shall be measured according to the definition of the current
Massachusetts State Building Code ,
ACCESSORY SINGLE FAMILY DWELLING UNIT (ADU )
A housing unit, complete with its own sleeping, cooking and sanitary facilities, that is
accessory and clearly subordinate to a principal dwelling . An ADU may be located within a
single family house containing a principal dwelling, or in a building accessory to a single
family house .
An ADU shall have no more than two bedrooms and shall have a maximum habitable area of
900 square feet . Habitable area shall be measured according to the definition of the current
Massachusetts State Building Code .
PRINCIPAL DWELLING
The primary structure, or portion thereof, occupied by the owner .
( 2 ) Suggested addition of new Sections 17942 . 2 , Accessory Single Family
Dwelling Units ( ADUs ) and 17942 . 3 , Accessory Commercial Dwelling Units
( ACDUs ) as follows below :
17942 . 2 . Accessory Single Family Dwelling Units (ADUs ) .
Purpose . An ADU is a separate , independent living space within or adjacent to a single family
home . This option can provide residents with greater opportunity to live close by family, friends
or caregivers , and for rental income and shared maintenance responsibilities . Accessory single
family dwelling units shall be permitted subject to the following standards :
( 1 ) An ADU may be located within or adjacent to a single family house, or in a building
accessory to a single family house, subject to the Definitions of Section 179 - 2 , the lot
size and approval requirements of Table 2 and all standards of this Section .
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( 2 ) An ADU may be located in a Zone II ( Zone of Contribution to a Public Drinking Water
Well ) , in the watershed to the Herring River or the watershed to Pleasant Bay on a lot
of at least 30, 000 square feet, subject to approval of a special permit by the Zoning
Board of Appeals .
( 3 ) All construction in connection with an ADU attached to a principal dwelling shall
conform to building setbacks for a single family house in the Zoning District where it
is located .
All construction in connection with an ADU in a separate structure from the principal
dwelling shall conform to building setbacks for an Accessory Building or Structure in
the Zoning District where it is located .
All construction undertaken in connection with an ADU in a separate structure from
the principal dwelling shall conform to building setbacks for a single family house in
the Zoning District where it is located .
( 4 ) Either the principal dwelling or the ADU must be occupied by the owner of the
property as their primary legal residence for the purposes of voting and filing an
income tax return , and the remaining dwelling unit shall be leased for periods of not
less than 12 months .
The property owner shall be required to file a notarized affidavit with the Building
C-ammimianeFDepartment annually, stating that either the principal dwelling or the
accessory single family dwelling unit will be , and /or has been , used as the principal
residence of the owner for the next 12 month period and that the remaining dwelling
will be leased for a period of not less than 12 months .
( 5 ) To ensure enforcement as year round rentals by the Town , no more than twenty ( 20 )
building permits shall be issued for the combined total of ADUs and ACDUs in a single
calendar year .
( 6 ) There shall be no renting of rooms or boarding of lodgers in an ADU .
( 7 ) An ADU shall conform to all applicable State and local laws regulating new
construction or new residential use including the State Building Code, and applicable
plumbing, electrical , fire, health and conservation regulations and bylaws . A
Certificate of Occupancy shall be required for any ADU .
( 8 ) An ADU shall comply with current requirements of the Town of Brewster, the Mass.
DEP Drinking Water Program and Title V for construction in a Zone ll . Prior to
issuance of a building permit or, where no building permit is required , a Certificate
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of Occupancy, the Board of Health must have documented to the Building
Commissioner that sewage disposal will be satisfactorily provided for in accordance
with the provisions of Title 5 and local Board of Health regulations, including
provisions for an appropriate reserve area on the site .
(9 ) There shall be no more than two residential units in total on a lot containing an
ADU .
( 10 ) A minimum of one parking space per unit shall be provided for each ACDU .
17942 . 3 Accessory Commercial Dwelling Units (ACDUs ) .
Purpose . In order to provide sufficient housing for employees of local businesses and provide
additional housing options for all residents, accessory commercial dwellings shall be permitted
subject to the following standards :
( 1 ) An ACDU maybe located within or adjacent to a commercial building, or in a building
on the same lot as a commercial or industrial use , subject to the Definitions of Section
179 - 2, the approval requirements of Table 2 and all standards of this Section , subject to
approval of a special permit by the Zoning Board of Appeals .
( 2 ) An ACDU may be located in a Commercial High Density, Village Business or Industrial
Zoning District .
( 3 ) An ACDU may be located in a Zone II ( Zone of Contribution to a Public Drinking Water
Well ), in the watershed to the Herring River or the watershed to Pleasant Bay on a lot of
at least 30, 000 square feet, subject to approval of a special permit by the Zoning Board
of Appeals .
( 4) Up to two ACDUs may be located on the same lot as a commercial or industrial use .
( 5 ) All construction in connection with an ACDU shall conform to building setbacks for a
commercial or industrial building in the Zoning District where it is located .
( 6 ) The property owner shall be required to file a notarized affidavit with the Building
Cemmimianer Department annually, stating that the ACDU will be leased for a period of
not less than 12 months .
( 7 ) To ensure enforcement as year round rentals by the Town , no more than twenty ( 20 )
building permits shall be issued for the combined total of ADUs and ACDUs in a single
calendar year .
( 8 ) There shall be no renting of rooms or boarding of lodgers in an ACDU .
Eliminate this forACDWs.
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( 9 ) An ACDU shall conform to all applicable State and local laws regulating new construction
or new residential use including the State Building Code , and applicable plumbing,
electrical , fire , health and conservation regulations and bylaws . A Certificate of
Occupancy shall be required for any ACDU .
( 10 ) An ACDU shall comply with current requirements of the Town of Brewster, the Mass.
DEP Drinking Water Program and Title V for construction in a Zone 11 . Prior to issuance of
a building permit or, where no building permit is required , a Certificate of Occupancy,
the Board of Health must have documented to the Building Commissioner that sewage
disposal will be satisfactorily provided for in accordance with the provisions of Title 5
and local Board of Health regulations , including provisions for an appropriate reserve
area on the site .
( 11 ) An ACDU shall be located above the street level in a structure containing a business or
commercial use, or may be located in a separate structure .
( 12 ) A minimum of one parking space per unit shall be provided for each ACDU .
3 ) Suggested changes to Table 1 , Use Regulations : Add the following new
uses numbered 2 . through 7 . , as shown below . Renumber the next uses
following starting with 8 .
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