30C-077 approval letter zoning 11-12-2015
Frank Patel November 12, 2015
552 Burt Pits Road
Florence, MA 01062
Subject Location: 552 Burts Pit Road
Map Block: 30C-077
Mr. Patel,
Your zoning permit application dated 10-15-15 has been approved per this memo. All work must meet all applicable zoning and codes whether noted or not included within this memo.
The following items will be required for this project;
A restrictive covenant must be recorded and proof of the recording submitted with the building permit application. Sample attached.
All proposed work must meet the requirements of 350.10.10 below.
An accessory apartment, or in-law apartment, is a self-contained housing unit incorporated within a single-family dwelling (not within accessory structures, except with a special permit)
that is a subordinate part of the single-family dwelling and complies with the criteria below.
A. The intent of permitting accessory apartments is to:
(1) Provide older homeowners with a means of obtaining rental income, companionship, security and services, and thereby to enable them to stay more comfortably in homes and neighborhoods
they might otherwise be forced to leave;
(2) Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate-income households who might otherwise
have difficulty finding housing;
(3) Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;
(4) Protect stability, property values, and the single-family residential character of a neighborhood by ensuring that accessory apartments are installed only in owner-occupied houses;
(5) To provide housing units for persons with disabilities.
B. The Building Commissioner may issue a zoning permit authorizing the installation and use of an accessory apartment within an existing or new owner-occupied, single-family dwelling
and the Zoning Board of Appeals may issue a special permit authorizing the installation and use of an accessory apartment in a detached structure on a single-family home lot when such
structures have the same setbacks required for principal residential structures and only when the following conditions are met:
(1) The apartment will be a complete, separate housekeeping unit containing both kitchen and bath.
(2) Only one accessory apartment may be created within a single-family house or house lot.
(3) The owner(s) of the residence in which the accessory unit is created must continue to occupy at least one of the dwelling units as their primary residence. The zoning permit or special
permit for the accessory apartment automatically lapses if the owner no longer occupies one of the dwelling units.
(4) Any new outside entrance to serve an accessory apartment shall be located on the side or in the rear of the building.
(5) The gross floor area of an accessory apartment (including any additions) shall not be greater than 900 square feet.
(6) Once an accessory apartment has been added to a single-family residence or lot, the accessory apartment shall never be enlarged beyond the 900 square feet allowed by this chapter.
(7) An accessory apartment may not be occupied by more than three people.
(8) Three off-street parking spaces must be available for use by the owner-occupant(s) and tenants.
(9) The design and room sizes of the apartment must conform to all applicable standards in the health, building, and other codes.
(10) Zoning permits issued under this section shall specify that the owner must occupy one of the dwelling units. The zoning permit and the notarized letters required in Subsection B(11)
and (12) below must be recorded in the Hampshire County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided
to the Building Commissioner, prior to the occupancy of the accessory apartment.
(11) When a structure which has received a permit for an accessory apartment is sold, the new owner(s), if they wish to continue to exercise the permit, must, within 30 days of the sale,
submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence. This statement shall be listed
as condition on any permits which are issued under this section.
(12) Prior to issuance of a permit, the owner(s) must send a notarized letter stating that the owner will occupy one of the dwelling units on the premises as the owner's permanent primary
residence, except for bona fide temporary absences.
(13) Prior to issuance of a permit, a floor plan of 1/4 inch to the foot must be submitted showing the building, including proposed interior and exterior changes to the building.
Relevant items must be submitted to the building department for approvals before inspections and or Certificates of Occupancy can be issued.
Feel free to call if you have any questions. My telephone number is 587-1240 and office hours are Monday through Friday, 8:30 am to 4:30 pm, excepting we close for walk-ins at 12:00
noon on Wednesdays. My email address is: cmiller@northamptonma.gov
Thank you for your cooperation on these matters.
Chuck Miller
City of Northampton
Assistant Commissioner and Zoning Enforcement