1983-03-07 to 1983-05-16-ATM-min

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(Adjourn Session of the 1983 Annual Town Meeting - Apr 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) The owner of a second dwelling unit built prior to December 31, 1961 is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for maintenance of an existing, non - complying apartment, subject to the special conditions in subparagraph 5.2.6.c, below. All other second dwelling units not in compliance with paragraph 5.2.2 shall be terminated within one year of the date of the determination of non - compliance. C. Special conditions for second dwelling units constructed prior to December 31, 1961 that comply with at least subparagraphs 5.2.2.a.1, 2, and 3; 5.2.2.b.1; and 5_2.2.c. 1. Upon presentation of evidence of construction prior to December 31, 1961 and of use of the second dwelling unit for any three years between 1978 and 1983 inclusive, which shall for this purpose be considered prima facia evidence of continuous use, the owner may, within 60 days of the date of the determination apply to the SPGA for a special permit for maintenance of an existing non - complying apart- ment. 2. The SPGA shall ordinarily grant a special permit for the existing non - complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other sub- stantial detrimental effect on the public welfare and con- venience. In weighing such claims and evidence, the SPGA shall consider whether any changes required to bring the second dwelling unit into compliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such addi- tional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the conditions and requirements for new accessory apartments, paragraph 5.2.2, as is feasible. 4. A special permit granted by the SPGA shall include a condi- tion that a certificate of occupancy shall be obtained for periods not to exceed three years in the same manner as set forth in paragraph 5.2.3. No subsequent certificate of occupancy shall be issued unless there is compliance with the plans and conditions approved by the SPGA. 5. if a special permit is granted and corrective changes are required, they must be completed within 90 days of the date of granting the permit. When required changes are completed, the building commissioner will issue a certificate of occupancy. 6. If a special permit is denied, the second dwelling unit shall be terminated within one year of the date of the denial. d. If an owner fails to comply with paragraph 5.2.6 the second dwelling unit shall be terminated within six months of the date of notice from the building commissioner, and the owner shall be subject to penalties as provided in paragraph 3.1.1 for each day the second dwelling unit is in use after January 1, 1985.