Legal Notice
Maynard Planning Board
Maynard Town Hall
195 Main Street
Maynard, MA 01754
Hybrid Meeting
Pursuant to Massachusetts General Laws, Chapter 40A s.5, the Maynard Planning Board will hold a hybrid public hearing on Tuesday, January 9, 2024, at 7:00 p.m. at Maynard Town Hall, Soup Campbell Room, to consider recommending approval of amendments to the Maynard Protective Zoning By- laws to the May 20, 2024 Spring Annual Town meeting.
To remotely access and participate in the Planning Board hearing:
Meeting ID: 879 3152 2781
Password: 664803
All meeting materials will be available on the meeting agenda hosted on the Town web site. Materials also can be provided by email by contacting: OMS@townofmaynard.net , by calling 978-897-1302 or by visiting the Town Clerk’s office during regular business hours.
The proposed amendments consist of:
- Amend Section 3.1.2, Use Regulations, Table A, “6. Accessory and Other Uses”, to allow Accessory Dwelling Units use “by right” in the S-1 and S-2 Single Residence Districts, the General Residence District and the Business and Central Business Districts. This will amend the Use Regulations Table as depicted below (the proposed additional text is underlined, deleted text with
strike-thru):
3.1.2 Table A-Use Regulations
Other Uses |
6. Accessory and Other Uses | S-1 | S-2 | GR | B | CB | HCI | I | GA | OS |
| | | | | | | | | |
Accessory Apartment Dwelling Unit | BA
Y | BA
Y | BA
Y | BA
Y | N
Y | N | N | N | N |
- Amend Table B of Section 4.0 as follows:
Minimum Yard Requirements15
15Accessory Dwelling Units are subject to standard setback requirements.
- Remove Section 8.1 “Accessory Family Dwelling Units” in its entirety:
8.1 Accessory Family Dwelling Unit
8.1.1 Purpose. The purpose of this Section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters.
8.1.2 General. A Special Permit may be granted by the Zoning Board of Appeals for the conversion of an existing or new single family dwelling to accommodate an additional family living unit by the installation of a common wall or the partitioning of or extension of living space.
8.1.3 Standards.
Such additional family living unit shall at the discretion of the Zoning Board of Appeals accommodate up to a maximum of three (3) persons, provided that the owner of record of the structure is a resident of the structure which includes the accessory family dwelling unit. The existing house shall accommodate an additional family unit only if a member of the additional family is related by blood, marriage or adoption to the Owner of the premises. There shall be no other living unit on the lot upon which an accessory unit is to be located.
Adequate provisions, as determined by the Building Commissioner, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and access ways shall not detract from the single family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure.
Such accessory unit shall be limited to a maximum of six hundred (600) square feet in floor area.
Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals, which shall seek advice from the Building Commissioner.
8.1.4 Recording. No building permit shall be issued in accordance with the Special Permit issued under this section until the Special Permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Building Commissioner.
8.1.5 Occupancy Permit. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the Building Commissioner. The initial occupancy permit shall remain in force for a period of two (2) years from the date of issue, provided ownership of the premises is not changed. Thereafter, permits may be issued by the Building Commissioner for succeeding two (2) year periods provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this By-law and the Special Permit. If the relative of the Owner vacates this property, the Owner must remove the kitchen and revert this unit back to a single family dwelling. If the house is sold, the new Own- er must apply to the Zoning Board of Appeals for a Special Permit to conduct an accessory family dwelling unit or restore this unit to a single family dwelling by removing the kitchen.
- Insert new Section 8.1 “Accessory Dwelling Units”:
8.1 ACCESSORY DWELLING UNIT
8.1.1 Purpose.
An Accessory Dwelling Unit is a small residential dwelling unit that is on the same property as, and subordinate to, a larger, primary single-family dwelling. It is an independent housekeeping unit, with separate access and with its own sleeping, cooking and sanitary facilities.
The purpose of this Section is to permit Accessory Dwelling Units on properties with single-family homes, subject to the standards and procedures hereinafter set forth, and to:
• Provide a means for residents, particularly seniors, single parents, and families, to remain in their homes, neighborhoods, and communities, and obtain extra income, security, companionship and services.
• Provide a broader range of accessible and affordable housing while respecting the look and scale of single-dwelling neighborhoods.
8.1.2 General. The Building Commissioner may issue a Building Permit authorizing the creation and use of an Accessory Dwelling Unit within an existing or new single-family dwelling, or in an existing or new structure accessory to a single-family dwelling, whether attached or detached, provided that it satisfies the requirements of this Section 8.1.
8.1.3 Standards.
1. There shall be no more than one Accessory Dwelling Unit on a lot.
2. The Accessory Dwelling Unit cannot be legally separated or sold apart from the principal dwelling.
3. An Accessory Dwelling Unit shall be no larger in floor area than the smaller of six hundred (600) square feet or 50% of the floor area of the principal dwelling unit.
4. An Accessory Dwelling Unit shall have no more than two bedrooms.
5. The owner of the property must occupy one of the two dwelling units on the property except for temporary absences. The owner’s personal residence shall not be rented or leased during any temporary absence. For the purposes of this section, the “owner” shall be one or more individuals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence.
6. Neither the principal dwelling nor Accessory Dwelling Unit, in whole or in part, shall be used for short-term rentals. For each tenant, the initial rental period shall be a minimum of 90 days.
7. Accessory Dwelling Units may not be located between the street lot line and the front of the principal dwelling. Accessory Dwelling Units must abide by the principal home’s requirements for minimum yard requirements (setbacks), maximum lot coverage and maximum building height.
8. Off-street parking shall be provided in an amount in compliance with the Zoning By-laws for all residents of both units, in such a fashion as is consistent with the character of the neighborhood. Regardless, no additional curb cuts or expansion of parking in the Front Yard shall be allowed.
9. Access to the Accessory Dwelling Unit may be either directly from the outside or through an entry hall or corridor shared with the principal dwelling.
10. The Accessory Dwelling Unit shall be compliant with all applicable building, fire, health and sanitary codes.
8.1.4 Allowable Rent. The maximum rent for an Accessory Dwelling Unit shall be at least thirty (30) percent below the established Fair Market Rent limit for the Town of Maynard, as determined annually by the United States Department of Housing and Urban Development (HUD). The Fair Market Rent includes any tenant-paid costs for parking and essential utilities, excluding telephone, television and internet service.
8.1.5 Occupancy Permit.
1. No occupancy of the Accessory Dwelling Unit shall take place without an occupancy permit issued by the Building Commissioner.
2. The initial occupancy permit shall remain in force for a period of up to two (2) years from the date of issue. Thereafter, permits may be issued by the Building Commissioner for two (2) year periods provided that the structure and use continue to comply with the provisions of this Section 8.1.
3. If the property is sold, the occupancy permit will expire unless renewed within ninety (90) days of the sale.
8.1.6 Regulations
1. The Building Commissioner may adopt regulations in order to effectuate the purpose and administer this bylaw.
8.1.7 Severability.
All the clauses of this bylaw are distinct and severable, and if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of any other clause or portion of this bylaw.
- Amend Section 11.0 to modify the following definitions (the proposed additional text is underlined, deleted text indicated with
strike-thru):Accessory Family Dwelling Unit: A dwelling unit contained within or being an extension of a single family structure to accommodate an additional family only if a member of the family of the additional family is related by blood, marriage or adoption to the owner of the premises and the accessory family dwelling unit shall contain no more than six hundred (600) square feet in total area.- Accessory Dwelling Unit: a self-contained housing unit, with separate access and inclusive of sleeping, cooking and sanitary facilities, subordinate in size and accessory to a detached single-family dwelling, which may be located within a single-family dwelling or in a detached accessory structure thereto, and which meets the requirements set forth in Section 8.1.
The Planning Board is the sponsor of these articles. A copy of the proposed Zoning By-law amendments is on file with the Office of Municipal Services Planning Division, and the Town Clerk’s Office, or by contacting 978-897-1302.
Bill Nemser
Planning Director