Accessory Conversion

7/24/2019 Accessory Conversion

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Page 108

Ipswich Zoning Bylaw, updated STM October 21, 2014

P. Conversion of Accessory Building into Residential Unit(Added by Special Town Meeting 10/25/10; approved by Attorney General 2/4/11)

1. Purpose

The purpose of this subsection is to:

a. Allow more efficient use of existing buildings and infrastructure in the IR and RRA districts. b.

Increase the housing stock in existing neighborhoods to provide a mix of housing that

responds to changing family needs and smaller households.c. Increase the supply of affordable housing without significantly changing the character of

existing residential areas.

d. Encourage the preservation and maintenance of historically and architecturally significant

accessory buildings by permitting their adaptive reuse for residential purposes.

2. Applicability(Amended by Special Town Meeting 10/15/13; approved by Attorney General 1/13/14)

An existing accessory building may be converted to a dwelling unit upon issuance of a special permit

by the Planning Board in compliance with the requirements of this subsection provided that:

a.

The accessory building was in existence on the effective date of this Section IX.P, and was

not substantially altered subsequent to said date, and located on the same lot for which the

special permit is being sought, unless the accessory building is determined by the Planning

Board to be of historical or architectural significance, in which instance the building is

allowed to have been located on a lot elsewhere in Town on the effective date of Section

IX.P, but subsequently moved to the subject property prior to the submission of the special

permit application;

b. The accessory building is located on a lot where the primary building is a single-family or

two-family residential dwelling in the IR or RRA district.

Three-family dwellings in the IR District which satisfy the above Applicability requirements, but are

unable to meet the dimensional requirements set forth in the Table of Dimensional and Density

Regulations in Section VI. of this zoning bylaw, may also apply for a Planning Board special permit

in compliance with the requirements of this subsection, provided that the Applicant satisfies at

minimum the affordable housing requirement described in Section IX.I.3.a.(2) of this zoning bylaw.

3. Community Benefit

The Planning Board shall not grant a special permit under this subsection unless the applicant can

provide a community benefit as determined by the Board.

a. Any conversion of an accessory building into a residential unit subject to a permanentaffordability restriction shall be considered a community benefit. The definition of

affordable housing shall be as provided in the zoning bylaw at the time of application, except

that the Planning Board has the option to adjust the requirement provided that, at minimum,

the proposed unit be affordable to a household earning no more than eighty (80) percent (%)of area median income.

b.

Other potential uses that the Planning Board may find to meet a community need are as

follows:

i. Use of the dwelling unit for a family member, provided that upon the unit beingvacated by family, use of the unit shall only be continued as a residential dwelling if

it is affordable housing as defined in 3.a. above.

ii. Applicant pays, to the affordable housing trust, a fee in lieu of providing an

affordable unit. The amount of the fee shall be determined by the Planning Board.



Page 109Ipswich Zoning Bylaw, updated STM October 21, 2014

iii. Preservation, renovation, and reuse of an accessory building determined by the

Planning Board to have historical or architectural significance.

4. Standards for Reuse

a. Building: Existing accessory buildings shall not be demolished. In very limited instances, the

Planning Board may permit the demolition and reconstruction of an existing accessory

building, provided that one of the following conditions is met:

i. The building does not have historical or architectural significance as determined bythe Planning Board, and due to the condition of the building, replacement is more

economically feasible than renovation. Additionally, the applicant shall be required

to provide plans for replacement of a building that is in keeping with the principal

building on the lot, as well as other existing buildings in the neighborhood.

ii. If the building does have historical or architectural significance, as determined by

the Planning Board, the Board must find that reconstruction is the only economically

or physically feasible way of preserving it. Additionally, the building must be

reconstructed in a manner that does not, in the opinion of the Planning Board,diminish its historical or architectural significance. Reconstruction can involve, but

is not limited to, replication of the original building.

b.

Building site: Conversion of the accessory building shall take place on the existing building

footprint unless the Planning Board determines it is in the public interest that the building be

relocated within the lot boundaries. Instances in which the public interest might be served by

relocation include, but are not necessarily limited to, the following:

i. Current building encroaches on required setback.

ii. Relocation does not result in a building moving a distance of more than fifty (50)

percent (%) closer to existing buildings on abutting properties.(Amended by Special Town Meeting 10/15/13; approved by Attorney General 1/13/14)

iii. The visual impact of the building on abutting properties is reduced or abutters’

views are improved by the relocation of the accessory building.

c.

Building envelope: Renovations to the building will be limited to the current envelopeexcept as follows (for the purposes of this subsection, envelope is defined as the three-

dimensional space within which a building or building is permitted to be built on a lot and

which is defined by regulations governing building setbacks and maximum height and bulk):

i. Dormers, landing areas, stairs or other similar appurtenances related to the

conversion of a non-residential building to a dwelling unit, provided that the

appurtenances are either required by the building code, or deemed necessary by the

Planning Board to provide sufficient living space for the occupants.

ii. Exterior changes that, in the opinion of the Planning Board, enhance the historical or

architectural character of the building.

iii. For expansions otherwise allowed by right if the accessory building was not being

converted.iv. If a proposed conversion satisfies i., ii., or iii. above, the Planning Board may allow

the building to be extended beyond the existing envelope subject to the following

conditions:

a) The building does not encroach any further than it currently does on

property lines or setbacks, except as it relates to the primary dwelling.

b) For buildings determined by the Planning Board to have historical or

architectural significance, there is no adverse effect on the historical or

architectural value of the building.



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Ipswich Zoning Bylaw, updated STM October 21, 2014

c) The change does not substantially alter the visual impact of the building on

abutting properties.

d)

In no instance shall the size of the accessory building be increased by more

than fifteen (15) percent (%) of its current size, including any appurtenances pursuant to c.i. and c.ii. above.

5. Special Application Process

All special permit applications shall be made and filed on the appropriate application form. For anapplication to be considered complete, it shall provide all information required by the Rules andRegulations Governing Granting of Special Permits, available from the Department of Planning and

Development. The Board shall hold a public hearing on the application within thirty (30) days of its

receipt.

6. Additional Conditions and Considerations

a. Limitation of subdivision: No lot shown on a plan for which a permit is granted under this

section may be further subdivided.

b. Deed restriction: Except when the Planning Board determines that a fee shall be paid in lieu

of an affordable housing restriction per 3.b.ii. above, or an accessory building has historical

or architectural significance and is being preserved, renovated and reused, per 3.b.iii., a deed

restriction will be placed on the property to ensure that the affordability of the accessory

dwelling unit is maintained.c.

Monitoring: Applicant will be required to submit to the Planning Board, on an annual basis,

a letter confirming that the building converted by special permit under this provision is

currently occupied by a family member or being used as an affordable dwelling unit if

applicable.

d. Mixed use: Certain non-residential uses permitted in the bylaw may be allowed in the

accessory building.

e.

Design Review Board: The Planning Board may request a consultation with the Design

Review Board concerning the conversion of an accessory building to a dwelling unit as

specified in this subsection.

Q.

Ground-Mounted Solar Photovoltaic Installations (GSI)

(Added by Special Town Meeting 10/15/12; approved by Attorney General 2/5/13)

1. Purpose

The purpose of this bylaw is to provide standards for Ground-Mounted Solar Photovoltaic

Installations (GSI) with respect to the placement, design, construction, operation, monitoring,

modification, and removal of such installations. These standards are designed to address public

health, safety, and welfare concerns; minimize impacts on scenic, natural, historic, and agricultural

resources; to support the Town’s goal of reducing carbon emissions; and to provide adequate

financial assurance for the eventual decommissioning of installations if necessary.

2.

ApplicabilityThis bylaw applies to all new GSI rated over ten (10) kilowatts (kw), as well as to physical

modifications to GSI rated over ten (10) kw that materially alter the type, configuration, or size of

these installations or related equipment.

Documents

Accessory Conversion