3.3.1 Purpose
This by-law has been established for the following purposes:
- To provide a variety of types of housing to meet the needs of its residents, including those with low or moderate income levels; and
- To expand the permitted types of housing to provide an opportunity for older persons who cannot physically or financially maintain their own home to live in homes of relatives; and
- To protect the stability, property values and the single family residential character of the neighborhood and at the same time accommodate so-called in-law apartments; and
- To authorize the creation of such accessory apartments and at the same time encourage the Town to monitor conversions for code compliance.
3.3.2 Special Permit Required
The Planning Board may authorize an Accessory Apartment by special permit in any residential district, provided that each of the following standards are met.
3.3.3 Standards
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The owner(s) of the residence in which the Accessory Apartment is located shall occupy one of the dwelling units.
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Either the occupants of both units shall be related by blood or marriage, or one of the units shall be occupied by an individual hired to provide medical assistance, or custodial care to one or more individuals in the other unit. In the alternative, the accessory apartment shall be rented at a price affordable to persons or families qualifying as low or moderate income for a period of not less than fifteen (15) years. The rental price for such apartment shall be affordable for persons or families in the Worcester area earning less than 80% of the median income, as set forth in the applicable guidelines of the Commonwealth's Department of Housing and Community Development.
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Prior to the initial lease or any subsequent lease of the apartment, lease documents complying with the terms set forth above shall be approved as to form by the Board’s legal counsel.
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Only one (1) Accessory Apartment may be created within a one family dwelling
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An Accessory Apartment may only be created in a dwelling which would otherwise be classified as a one family dwelling.
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The design of the Accessory Apartment is such that the appearance remains that of a one family residence. Any new additions required for the Accessory Apartment shall conform to the minimum yard sizes and maximum height requirements for a single family dwelling of the district where the building is located.
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The Accessory Apartment shall be clearly secondary in nature to the principal dwelling, and it shall not exceed nine hundred (900) square feet in area.
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At least three (3) off-street parking spaces must be provided for any one family dwelling which has an Accessory Apartment.
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No Accessory Apartment may be created in a detached structure.
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If the lot is not connected to public sewer, prior to obtaining a building permit, the Board of Health shall certify that the septic system is in compliance with Title 5 of the State Environmental Code and the Board's Regulations.
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The construction of any Accessory Apartment must be in conformity with the State Building Code Requirements.
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The Planning Board may require more or other appropriate conditions in order to protect the public health and safety, and the single-family character of the neighborhood. The Board may also allow deviation from the above conditions where necessary upon a finding that such deviation will not be detrimental to the neighborhood nor the intent of this bylaw.
3.3.4 Time Limit
The special permit may be granted for a period not to exceed three (3) years. Such special permit may be renewed, without a public hearing, for another three-year period upon submittal of an affidavit by the owner indicated that the conditions of this Section 3.3 continue to be satisfied. Upon expiration of the special permit or when the dwelling is sold, or when the need for such care ceases, whichever occurs first, the dwelling shall revert to single family use, and the Accessory Apartment may not be occupied unless a new special permit is obtained from the Planning Board. |
