[Amended 5-24-2021 ATM by Art. 7]
A. Purpose and intent. The purpose and intent of the accessory apartment
bylaw is to:
(1) Provide older homeowners with a means of obtaining rental income,
companionship, security, and services, thereby enabling them to stay
more comfortably in homes and neighborhoods they might otherwise be
forced to leave;
(2) Increase the number of smaller, moderately priced dwelling units
available for rent in Town;
(3) Increase the range of choice of housing accommodations;
(4) Provide housing units for persons with disabilities; and
(5) Encourage a more economic and energy-efficient use of the Town's
housing supply while maintaining the appearance and character of the
Town's single-family neighborhoods.
B. Applicability. Accessory apartments shall be authorized by the Building
Inspector/Zoning Enforcement Officer through the issuance of a certificate
of occupancy in all single-family residential dwellings, provided
the conditions and requirements of the following sections are met.
C. General requirements.
(1) A permit may be granted by the Building Inspector/Zoning Enforcement
Officer to accommodate an accessory apartment by the installation
of a common wall or the partitioning of or extension of existing habitable
area. There shall be no more than one accessory apartment for a total
of two dwelling units within a single-family dwelling per lot.
(2) Use limitation. The principal dwelling unit or accessory apartment
must be occupied by the owner. For the purposes of this section "owner"
shall mean one or more of those individuals who hold record title
to the lot on which the principal dwelling unit and the accessory
apartment are located.
(3) Floor area limitations. The habitable area of the principal dwelling
unit shall not be less than 1,600 square feet. The habitable area
of the accessory apartment shall be limited to a maximum of 900 square
feet. The Groveland Zoning Board of Appeals may by special permit
allow an increase of up to 10% in the accessory apartment habitable
area square footage limitation if the configuration of the structure
makes strict compliance with this requirement difficult. The Groveland
Zoning Board of Appeals, by special permit, may also allow reasonable
deviation from the stated conditions and requirements where necessary
to install features that facilitate access and mobility for disabled
persons, provided that the Board of Appeals finds that such deviation
is not contrary to the public interest and is consistent with purpose
and intent of this bylaw.
(4) There shall be no borders or lodgers within either the principal
dwelling unit or the accessory apartment, or on the same lot with
an accessory apartment.
(5) The total number of bedrooms of the principal dwelling unit and accessory
apartment combined may not exceed the capacity of the permitted and
compliant septic system serving the units per Title V requirements.
This section shall not apply to properties that are connected to the
public sewer system.
(6) Utilities such as water, electric and gas as necessary for the accessory
apartment shall be extensions of the existing utilities serving the
principal single-family dwelling and shall not be separately metered,
unless required by the utility provider.
(7) Parking shall be provided for as determined by the parking table in §
50-9.1B.
(8) To the extent possible, exterior passageways and accessways shall
not detract from the single-family appearance of the dwelling. All
stairways to additional stories shall be located on the side or rear
of the structure.
(9) The accessory apartment will be a complete, separate dwelling unit
that contains both permanent kitchen and bathroom and has its own
means of egress.
(10)
Floor plans of the proposed accessory apartment and principal
dwelling unit and a site plan showing the structure(s) on the lot
shall be filed with the application for a permit with the Building
Inspector/Zoning Enforcement Officer. Plans shall demonstrate that
exterior changes to the structure will not significantly alter the
appearance of the single-family dwelling.
D. Occupancy requirements.
(1) Prior to issuance of a building permit, the owner shall send a notarized
letter to the Building Inspector/Zoning Enforcement Officer affirming
that the owner will occupy either of the principal dwelling unit or
the accessory apartment as the owner's primary residence, except for
temporary absences of no more than six months in any calendar year.
(2) Prior to issuance of a building permit, the owner shall send a notarized
letter to the Building Inspector/Zoning Enforcement Officer stating
that to the best of his or her knowledge the accessory apartment will
not violate any deed restrictions applicable to the subject lot or
principal dwelling unit.
(3) When a lot with a structure which has received a permit for an accessory
apartment is sold, the new owner, if he or she wishes to continue
to exercise the permit, must, within 60 days of the sale, submit a
notarized letter to the Building Inspector/Zoning Enforcement Officer
affirming that he or she will occupy either of the principal dwelling
unit or the accessory apartment on the premises as his or her primary
residence, except for temporary absences of no more than six months
in any calendar year and acknowledging and agreeing to abide by all
conditions to the previously issued occupancy certificate and special
permit, if applicable.
(4) Any accessory apartment lawfully in existence at the time of the
adoption of this bylaw shall be allowed to continue.
[Added 12-3-2018 STM by Art. 7, approved at the May 2019
Election]
Consistent with MGL c. 94G, § 3(a)(2), all types of
nonmedical "marijuana establishments," as defined in 935 CMR 500.002,
including marijuana cultivators, independent testing laboratories,
marijuana product manufacturers, marijuana retailers or any other
type of licensed marijuana-related businesses, hereinafter "recreational
marijuana establishments," shall be prohibited within the Town of
Groveland. This prohibition shall apply in the Town upon approval
by the voters at a Town Election.