§ 403. Secondary Dwelling Development

A. Purpose. The purpose of this section is to allow the development of two separate dwelling units on a single lot of record where only a single family dwelling unit would otherwise be allowed. The secondary dwelling unit is intended to provide additional housing opportunities for New Shoreham families while ensuring that island character is maintained.

B. Process. A Secondary Dwelling Development is allowed only by Special Use Permit. In addition to an application to the Zoning Board of Review for a Special Use Permit, the applicant shall be subject to Development Plan Review by the Planning Board.

C. Zoning Board of Review Procedures.

1. In addition to any relevant submittal requirements for a Special Use Permit application, the applicant shall submit the following:

a. Site plan consisting of an accurate survey of the parcel showing topography, wetlands, trees, view sheds and scenic views, stone walls, and the location and dimensions of all existing and proposed structures;

b. Building elevations indicating all exterior materials, and floor plans, including total square footage of living space, of both dwellings. Photographs of an existing dwelling may be accepted in place of drawings of the building exterior.

c. A radius map showing all properties within 500 feet of the lot and the location of all structures with 500 feet of the property lines.

2. The Zoning Board shall refer the application to the Planning Board for an advisory recommendation regarding the special use permit application, and to the Historic District Commission for an advisory on building siting and massing.

3. An approval of a Secondary Dwelling Development may include additional conditions as deemed appropriate by the Zoning Board to achieve the purpose of this section, and shall be conditioned upon completion of the review and approval of site plans by the Planning Board.

D. Planning Board Procedures. The Planning Board shall review the application for a Secondary Dwelling Development pursuant to the provisions of Development Plan Review, and shall give an advisory opinion to the Zoning Board of Review regarding the granting of a Special Use Permit for the Secondary Dwelling Unit. The Planning Board may undertake the development plan review and the advisory request concurrently as provided for in the Ordinance. (Amended October 6, 2008)

1. In reviewing the plans and materials, the Planning Board shall apply the relevant development plan review standards contained in the ordinance, as well as the design intent and standards contained in this section.

2. The Planning Board shall determine the consistency of the application for a Secondary Dwelling Unit with the purpose of this section and with the Comprehensive Plan.

3. An approval of a site plan for a Secondary Dwelling Development may include additional conditions as deemed appropriate by the Planning Board to achieve the design intent of this section, provided such conditions do not serve to deny the applicant the right to construct a secondary dwelling unit as allowed by the Zoning Board.

E. Design Intention. A Secondary Dwelling Development shall be designed to preserve open space and other natural and cultural features on the lot. The development shall be compatible with the character of the community by locating and orienting structures so as to protect existing large trees, stone walls, open fields and scenic views. The use of a shared driveway to access the parcel and the adaptation of existing lanes in the interior of the parcel is required. The secondary dwelling shall be smaller in scale than, but similar in design to, the existing or principal dwelling, so as to give the appearance of an accessory structure.

F. Density and Dimensional Standards. The development shall conform to the density and dimensional standards contained in Article 3, or to the following standards, whichever is the most restrictive. No variances for dimensional relief, as provided for under Section 703(G), shall be granted by the Zoning Board from any density or dimensional standards.

1. The floor area used for living space (See Section 202, Definitions, "Floor Area, Living") of the dwellings within a Secondary Dwelling Development shall be limited as follows: (Amended October 6, 2008)

a. The total living area of the Secondary Dwelling Unit shall not exceed 2,000 square feet. (Amended October 6, 2008)

b. The total living area of both units combined shall not exceed 5,500 square feet. (Amended October 6, 2008)

2. The building height of the Secondary Dwelling Unit, or of both units if neither is constructed at the time of the application, shall not exceed 30 feet.

3. The total lot building coverage in the Residential A Zone shall not exceed two and a half percent (2.5%), except however, if the building height of the secondary dwelling unit is 28 feet or less, the lot coverage may be increased to three percent (3%). The total lot building coverage in the Residential B Zone shall not exceed four and a half percent (4.5%), except however, if the building height of the secondary dwelling unit is 28 feet or less, the lot coverage may be increased to five percent (5%). (Amended October 6, 2008)

4. The two dwellings shall be separated by not more than fifty feet (50) unless the Zoning Board of Review determines that site circumstances require a wider separation in order to achieve consistency with the design intention of the ordinance or for public safety purposes.

G. Restriction Against Subdivision. A lot containing a secondary dwelling unit may not be subdivided unless each proposed lot meets the minimum area requirements for a new lot created in the zoning district in which it is located. A restriction against subdivision shall be recorded as a deed restriction in the Land Evidence Records of the Town of New Shoreham prior to the issuance of any building permit.

(Section Amended July 2, 2007)