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  • Vern Hatt :: Architectural Designer :: Builder :: Contractor - serving the Lower Cape Cod Towns of Brewster, Chatham, Eastham, Harwich, Orleans, Wellfleet, Truro, and Provincetown since 1980.

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    Town of Eastham MA - VII. Accessory Uses
    Eastham, Massachusetts
    2500 State Hwy, Eastham, MA 02642
    ph: 508.240.5900
    VII. Accessory Uses
    SECTION VII -- ACCESSORY USES

    A.      Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with the principal use, may be permitted upon the issuance of a Special Permit provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good.

    B.      Bed and Breakfasts, as defined in this By-Law, may serve a morning meal to overnight guests.

    C.1     Accessory Dwelling Units: For the purpose of promoting the development of affordable rental housing in Eastham for year-round residents, one accessory dwelling unit per lot may be allowed by Special Permit from the Board of Appeals2 subject to the standards and conditions listed below:

    Accessory dwelling units shall not be allowed on lots with less than 20,000 square feet of contiguous upland.

    The owner of the property must occupy as a primary residence either the principal or accessory dwelling.  For the purpose of this section, the “owner” shall be one or more individuals residing in a dwelling who hold legal or beneficial title and for whom the dwelling is the primary residence confirmed by listing on the annual town census.

    Accessory units created under this by-law shall be deed restricted to remain affordable, as defined by the guidelines in number 8, below.  No accessory apartment shall be occupied until a recorded copy of said deed restriction is provided to the Building Inspector.

    Accessory units shall not be larger than 800 square feet or fifty (50) percent of the site coverage (as defined herein) of the principal dwelling, whichever is smaller.

    No more than twelve (12) accessory dwelling units may be approved in any calendar year.  Completed applications shall be reviewed in the order in which they are received.

    Site Requirements:

    Accessory dwelling units may be within or attached to a principal dwelling, garage or as a detached unit.

    Accessory dwelling units shall be designed so as to be compatible with existing site and neighborhood conditions.

    Septic systems are required to meet the then current Title 5 standards and shall be reviewed and approved by the Health Agent.

    No accessory unit shall be separated by ownership from the principal dwelling.

    All occupants of the rental dwelling unit shall upon initial application and annually thereafter, submit necessary documentation to confirm their eligibility for the dwelling unit.  Specifically, all dwelling units must be rented to those meeting the guidelines for a low or moderate income family.  For the purpose of this section, low income families shall have an income less than eighty (80) percent of the Town of Eastham median family income, and moderate income families shall have an income between eighty (80) and one hundred twenty (120) percent of the Town of Eastham median family income, as determined by the United States Department of Housing and Urban Development (HUD) Published Income Guidelines, and as may from time to time be amended.

    Maximum rents shall be established in accordance with HUD Published Fair Market Rental Guidelines.  Property owners are required as part of the Special Permit application to submit information on the rents to be charged.  Each year thereafter, they shall submit information on annual rents charged.  Forms for this purpose shall be provided.  Rents may be adjusted annually in accordance with amendments to the Fair Market Rental Guidelines.

    Failure to comply with any provision of this by-law may result in fines established in Section XII, paragraph F. of the Eastham Zoning By-laws.

    The Planning Board shall hold a public hearing in accordance with the procedures set forth in Section 9 of Massachusetts General Law, Chapter 40A and shall make a decision within 90 days of the close of the public hearing.