The Board of Appeals may grant a special permit for a use accessory
to a scientific research, scientific development, or related production
activity, whether or not on the same parcel as such activity. A special
permit shall be granted where the Board of Appeals finds that the
proposed accessory use does not substantially derogate from the public
good.
A special permit authorizing a family apartment may be granted
only if consistent with the following.
A. Development requirements.
(1) Unit must be a single-family dwelling to which the family apartment
is being added, and must have been in existence and occupied under
a legal occupancy permit at least two years at the time of application.
(2) Any increase in floor area shall meet the requirements of §
240-40 without variance or special permit.
(3) The applicant must acquire Board of Health approval that the sewerage
disposal will be within the legal requirements.
(4) Parking shall be as required in Article
X of this chapter for a two-family dwelling unit.
B. Occupancy requirements.
(1) Either the principal or the accessory unit must be owner-occupied.
(2) The remaining unit must be occupied by a family member of the owner(s).
C. Procedural requirements.
(1) To approve a special permit for a family apartment, the Board of
Appeals must make a determination that all of the above requirements
have been met, and also that the particular circumstances of the case
make such use appropriate, including consideration of:
(a)
Whether lot area or other site characteristics assure mitigation
of any impacts on the neighborhood;
(b)
Whether there is enforceable assurance that occupancy of the
unit will serve significant community purposes, such as facilitating
care for the elderly or handicapped;
(c)
Whether there is a financial hardship to the family;
(d)
Whether site and building design are within the character of
the neighborhood.
(2) The special permit and a certificate of occupancy for a family apartment
shall be issued for a period no greater than five years from the date
of issuance and must be filed at the Norfolk Registry of Deeds prior
to the issuance of a building permit.
(3) A special permit for a family apartment may be extended for additional five-year periods upon application to the Zoning Board of Appeals at least 60 days prior to the expiration of the special permit. An extension shall be given only after inspection and a written report by the Town Inspector that the conditions of the renewal have not changed since the initial application and the Zoning Board's determination that the applicant is in full compliance with §
240-74. Any extension given must be filed at the Norfolk Registry of Deeds within 30 days of issuance. Failure to file within the time period given shall nullify the permit given.
(4) Sale of the lot or dwelling that is the subject of the special permit
shall nullify the permit on the date of sale.
(5) Permanent removal from the premises of the individual or individuals
for whom the permit has been obtained shall nullify the permit on
the date of such removal.