81 New York Ave Oak Bluffs, MA 02557-7094

is a permitted use in the R1, R2 and R3 Districts, subject to the following conditions:. 3.4.2 Conditions. The Building Commissioner shall verify that all of the following conditions 9 have been met: 1. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted, showing the location of the building on the lot, proposed accessory apartment, location of any septic system and required parking. A mortgage inspection survey shall be sufficient to meet this requirement. 2. The house must have been owner occupied by the applicant for the five previous years and must continue to be owner occupied after the conversion is allowed. An affidavit shall be provided stating that one of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence; seasonal occupation by the owner shall not disqualify the applicant. 3. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 750 sq. ft. in floor space and shall be located in the principal residential structure on the premises or in an accessory structure. 4. There must be at least 7500 square feet of open space on the lot which is unpaved and unoccupied by any structure. 5. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure. 6. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. 7. No permits under this section may be granted within the coastal district. 3.4.3 Special Permit. If the applicant is unable to satisfy one or more of the conditions set forth above, the Board of Appeals may, by special permit authorize such dwelling unit. Such special permit may be granted by the Board of Appeals only upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 10.3 of this Zoning By-Law, governing special permits. 3.5 NONCONFORMING USES AND STRUCTURES (Section replaced 4.12.05 Art. 17, AG Approved 7.13.05, Published 7.26.05) 3.5.1 General.