[Added 10-23-2003]
Under the authority conferred by MGL c. 40A, as amended, and
every other power and authority thereto pertaining, the Town of Hadley
adopts this section for the regulation of bed-and-breakfast facilities
and to achieve the following purposes:
22.1.1.
To maintain and preserve the residential character, integrity
and neighborhood attributes of Residential and Agricultural-Residential
Zoned Districts and of other districts in which residential uses are
allowed.
22.1.2.
To regulate bed-and-breakfast uses to ensure sensitivity and
compatibility with the surrounding neighborhoods in such districts
through minimizing adverse impacts on neighboring residential uses.
22.1.3.
To strengthen the economic base of the Town of Hadley by allowing
bed-and-breakfast establishments and bed-and-breakfast homes without
reducing residential characteristics.
22.1.4.
To provide standards to ensure that any dwelling containing
a bed-and-breakfast facility is maintained primarily as a residence
and the bed-and-breakfast accommodations are subordinate and incidental
to the principal use of the dwelling as a residence.
[Amended 5-22-2021 ATM
by Art. 3]
See § 1.2.
22.3.1.
No bed-and-breakfast facility, new or preexisting, shall be
operated without first being granted a special permit from the special
permit granting authority (SPGA) in accordance with Section VI of
this Bylaw and in compliance with all other applicable provisions
of this bylaw for a bed-and-breakfast use. The special permit granting
authority shall be the Planning Board. Each bed-and-breakfast facility
in existence on the effective date of this provision and situated
in the Residential or Agricultural-Residential Districts is not a
nonconforming use, is in violation of the Zoning Bylaw and is not
entitled to remain in operation without the issuance of a special
permit. Bed-and-breakfast facilities may be established in the following
districts and upon the conditions set forth hereafter:
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Residential
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Only bed-and-breakfast homes
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Agricultural-Residential
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Bed-and-breakfast establishments or bed-and-breakfast homes
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Limited Business District
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Bed-and-breakfast establishments or bed-and-breakfast homes
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Business
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Bed-and-breakfast establishments or bed-and-breakfast homes
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Industrial
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Bed-and-breakfast establishments or bed-and-breakfast homes
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Floodplain
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Bed-and-breakfast establishments or bed-and-breakfast homes
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22.3.2.
No bed-and-breakfast facility will be permitted in any district
on a flag lot which has been created under a now-repealed section.
[Amended 5-5-2011 ATM by Art. 18]
22.3.3.
Applicants for special permits under the provisions of this
section shall provide such sketches, drawings or plans necessary to
illustrate beyond a doubt conformance to the requirements of this
section.
[Amended 5-5-2011 ATM by Art. 18]
22.3.3.1.
The SPGA may, at its discretion, require plans for a bed-and-breakfast
home to be prepared by registered land surveyors, architects or engineers
to illustrate the special permit application for the benefit of the
Board and other Town entities, such as the Building Inspector and
the Board of Health. Illustration required may include, but not be
limited to, parking and driveway plan, room layout, sanitary facilities,
kitchen facilities, percentage of parking as to open space, etc.
22.3.3.2.
A bed-and-breakfast establishment shall in addition be subject
to site plan approval as set forth herein at Section VIII, as may
be amended (without exemption due to size or use of structure or zoning
district), and the application shall include the information required
for commercial site plan approval, as set forth herein at Section
VIII, as may be amended.
Each special permit issued in accordance with the provisions
of this section shall show due consideration of the purposes set forth
above and shall contain the following conditions:
22.4.1.
The special permit will not constitute a variance from the existing
requirements of the bylaw, including but not limited to provisions
relating to setbacks, building coverage, and open space. The special
permit cannot authorize prospective nonconformance with the bylaw,
nor can it forgive existing nonconformance with the bylaw. Not every
dwelling will qualify for the issuance of a special permit.
22.4.2.
A bed-and-breakfast facility is an accessory use, and the primary
use of the dwelling unit shall remain as the primary and legal residence
of the owner. As an accessory use, the bed-and-breakfast units shall
not occupy more than 45% of the gross floor area of the dwelling unit.
22.4.3.
A bed-and-breakfast facility must have a minimum interior area
of 1,500 square feet to rent one bed-and-breakfast unit and an additional
500 square feet for each additional bed-and-breakfast unit. The maximum
number of permissible bed-and-breakfast units in any bed-and-breakfast
facility is as specified in § 22.2. No basement space or
unfinished attic space shall be used to calculate square footage.
In no case shall any room but a bedroom be rented as a bed-and-breakfast
unit. Such rooms shall share a common entrance, shall not have individual
cooking facilities, and shall be served by private or shared bath/toilet
facilities separate from those required for the single-family dwelling.
22.4.4.
Bed-and-breakfast facilities are intended for guests on intermittent
visits and shall not be used as long-term rental units or apartments.
Guest rooms are offered for rent on a daily basis for a period not
to exceed 14 days in duration in any three-month period. In no case
shall a guest or patron use the location as a mailing address or other
identifier.
22.4.5.
The dwelling unit containing the bed-and-breakfast facility
shall be designed so that the exterior appearance of the structure
remains that of a single-family dwelling. Residential structures may
be remodeled for the development of a bed-and-breakfast facility.
However, structural alterations may not be made which prevent the
structure being used as a residence in the future. Internal or external
changes that will make the dwelling appear less residential in nature
or function are not allowed. No special permit shall be granted to
expand or increase in size the footprint of the building to provide
for bed-and-breakfast units. To the extent practicable, fire escapes
or other outside stairways shall be located on the rear or side of
the building and shall not be located on the side of the building
that faces a street. The resident owner and guests shall share the
same entrances.
22.4.6.
All parking for residents and guests shall be off street. Any
bed-and-breakfast facility shall require at least one off-street parking
space for each bed-and-breakfast unit, two for the resident owner
and one for each employee regularly employed. The size, location and
screening of such parking spaces shall be approved by the SPGA during
the permitting process, giving due consideration to the residential
neighborhood characteristic and emphasizing the need to concentrate
parking in as unobtrusive a location on the property as possible.
The existing curb cut, driveway, and site parking shall not be enlarged
or modified to accommodate the bed-and-breakfast facility except as
may be authorized by the special permit. Surfacing of the drives and
parking areas shall be all-weather surface. No parking is permitted
within the setbacks as defined in Section IV.
22.4.7.
Parking areas and exterior recreational facilities, such as
swimming pools and tennis courts, if not located so as to be unobtrusive,
shall be screened from view by plantings, fences or other suitable
method approved by the SPGA.
22.4.8.
All bed-and-breakfast facilities as defined above in § 22.2
may have one freestanding sign, the top of which may not exceed six
feet in height above ground level, and said sign may not exceed six
square feet in area. Signage may include such accessory and directory
signs as approved by the SPGA. Illumination for all signs described
shall be external and positioned so as not to pose a nuisance to traffic
or neighboring properties.
[Amended 5-5-2011 ATM by Art. 18]
22.4.9.
Kitchen facilities will be permitted only in a single central
unit to service both the resident owners and the guests.
22.4.10.
No bed-and-breakfast facility as described above shall offer
public restaurant service or service of alcoholic beverages. The only
food service permitted is breakfast for registered guests.
22.4.11.
No other in-home business or home occupation with either employees
or customer visits to the site shall be permitted in a facility that
houses a permitted bed-and-breakfast facility, except in the Business
or Limited Business District.
22.4.12.
If the building is not served by public sewers, the Board of
Health shall certify, based upon evidence satisfactory to it, that
the on-site sewage disposal system meets the requirements of the State
Environmental Code and local Board of Health regulations for a bed-and-breakfast
facility.
22.4.13.
If the building is not served by the public water supply, the
Board of Health shall certify, based upon evidence satisfactory to
it, that the on-site well or wells are capable of providing a sufficient
quantity of potable water so as to meet the needs of the bed-and-breakfast
facility at full occupancy and that the water supply is otherwise
in compliance with the requirements of state law and local Board of
Health regulations.
22.4.14.
Exterior lighting shall be so directed or shaded as to prevent
direct illumination of off-premises property. No bed-and-breakfast
facility shall generate light in excess of that produced by a standard
household.
22.4.15.
The special permit does not authorize any activity that creates
excessive noise or other disturbance to the neighborhood at any time.
No bed-and-breakfast facility shall generate noise in excess of that
produced by a standard household.
22.4.16.
The special permit does not authorize increased traffic congestion
or other adverse impacts that will tend to reduce neighborhood amenities
or the value of surrounding properties.
22.4.17.
Commercial meetings and activities, including luncheons, banquets,
parties, weddings, meetings, charitable fund-raising, commercial or
advertising activities, or other gatherings for direct or indirect
compensation, are prohibited at a bed-and-breakfast facility.
22.4.18.
Any complaint of noncompliance with the conditions set forth
in the special permit must be submitted to the Zoning Enforcement
Officer, in writing, as soon as possible.
22.4.19.
All bed-and-breakfast facilities shall conform to the applicable
state standards in regard to building and health codes.
22.5.1.
The special permit shall be issued only to the owner of the
property and shall not be transferable. Any changes in ownership of
the property shall require a new special permit. The special permit
may be revoked if any of the conditions and/or requirements of this
section are violated, as determined by the Zoning Enforcement Officer
and/or the Board of Health. An aggrieved party may take an appeal
to the Board of Appeals.
[Amended 10-27-2016 STM
by Art. 21]
22.5.2.
The special permit shall lapse two years from the grant thereof
if a substantial use thereof has not sooner commenced or, having commenced,
has been suspended for a period exceeding two years, except for good
cause determined by the SPGA after a public hearing.
22.5.3.
The Planning Board shall conduct a review of this bylaw after
the fourth and before the fifth anniversary of its passage at an advertised
public meeting in order to assess the bylaw. The Planning Board shall
make recommendations to the Town for any changes needed in the bylaw
structure or process.
