[Massplanners] Conversion Question

[Fiona Coughlan]

Hi All,

This may be a silly question but here it goes...

A Special Permit was issued for a two-family dwelling in 2021. "Duplex" is mentioned on documents but so is "two-family dwelling" (including both terms mentioned on the plans). Two-family dwelling is defined in our ZBL as "A detached building designed for and occupied exclusively as a home or residence and containing two (2) dwelling units." We don't define duplex in our ZBL, and we haven't historically required proof of ownership vs. rental.

The application materials, minutes, and most of the info on the site plan reference two-family dwelling; the Decision and a notation on one site plan references duplex. Now, that Applicant is trying to get a Building Permit for attached townhouses (not allowed in the that zone) - two townhouses attached to one another on the same lot.

We define attached townhouses in our ZBL as: "Single Family Attached Dwelling. A small footprint attached single family residential buildings have narrow massing and may be located on individual or common lots. Each unit is separated horizontally by a common wall and groups of buildings may be separated by a common driveway or open space. Townhouses and Rowhouse are examples."

I am trying to figure out if they can do any type of ownership, if they can do ownership via a permit modification, if they must do rental, or if the Town regulating to this extent without ZBL clarification is a fair housing issue (getting that feeling!). I know there is An Act Enabling Cities and Towns to Regulate the Conversion of Residential Property to the Condominium Forms of Ownership, but we don't have a bylaw controlling how residential properties can be converted into condominiums or townhomes.

Any assistance would be greatly appreciated; thank you in advance for your time!

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Fiona Coughlan, AICP
Town Planner
Planning Department
Town of Grafton
508-839-5335 x 1402
coughlanf at grafton-ma.gov<mailto:coughlanf at grafton-ma.gov>
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