HomeMy WebLinkAboutAffordable Accessory Apartment Information packet 12/3/20 TOWN OF YARMOUTH
7 '4. DEPARTMENT
C, r DEPAOf
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1 146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-4451 DEVELOPMENT
Telephone(508)398-2231 Ext. 1275,Fax(508)398-2365 TTD#(508)398-2231
December 3, 2020
Emma Brackett
3718 Green Vista Drive
Encino, CA 91436
Quan Tobey
21 Minden Lane
Yarmouth Port,MA 02675
Dear Ms Brackett and Mr. Tobey:
In response to your letter dated November 9, 2020 regarding the accessory apartment located at
21A Minden Lane, I am enclosing the Town's Affordable Accessory Apartment Program Owner
Information Packet for your review. While I cannot address all of the items you raised in your letter, I
can assist you with the affordable component of the apartment. I am available to review the Information
Packet with you. Please contact me at mwaygan@yarmouth.ma.us or 774-212-1668.
Sincerely, c.,6\c„....,,,i
Mary Waygan
Affordable Housing/CDBG Program Administrator
Enclosure
cc: Jim Brandolini, Deputy Building Commissioner
Sandi Clark,Office Administrator for the Board of Appeals
Town of Yarmouth • Department of Community Development
1146 Route 28, So.Yarmouth,MA 02664 • 508-398-2231 Ext 1275 • (TDD 508-398-2231)
Affordable Accessory Apartment Program
•
Owner Information Packet
Creating Decent and Safe Affordable Housing in Yarmouth
An Affordable Accessory Apartment is an apartment created in an existing single-family home or as a detached
unit on the property which are rented to an income eligible household at an affordable rate. This is a great way
to create extra income from your property while providing an affordable unit to the Town. Affordable
Accessory Apartments are allowed under Town of Yarmouth Zoning Bylaw Sec. 407 and must meet the state
requirements set by 760 CMR 56.00 and the Department of Housing and Community Development.
2020 Maximum Allowable Rents
All utilities shall be included in the rent. If utilities
Monthly Rent are metered separately,they may be paid by the
(Includes All Utilities) tenant and a Section 8 utility allowance shall be
Studio $986 deducted from the maximum allowable rent. Rents
One Bedroom $1,149 may be adjusted down if the apartment's square footage
Two Bedroom $1,513 is below Town's minimum area require
Steps to Creating an Affordable Accessory Apartment
1. Bring proposed unit to the Community Housing Committee for review and approval
2. Apply to the Board of Appeals for a Special Permit—We may recommend you meet with
the Building Commissioner before applying to the Board of Appeals
3. Record and execute any required legal documents(Special Permit, Covenants,
Regulatory Agreement etc.)
4. Apply for a Building Permit
5. Construct the unit
6. Register unit with the Health Department
7. Select an Tenant from the Regional Ready Renters List($250 fee)
8. Report annually to the Town
Tenant Eligibility: Tenant household's income must be no more than 80%of the
Barnstable/Yarmouth Area Median Income. These limits are updated annually by U.S. HUD.
Tenant must be certified by the Town as Income Eligible prior to occupying an affordable
accessory apartment. The current Income Limits are:
FY2020 Income Limits Household Size
1 Person 2 Person 3 Person 4 Person
80%Area Median $54,150 $61,850 $69,600 $77,300
Income
Financial Assistance: Construction Loans up to $5,000 are available from the Town. These
are zero percent(0%)deferred loans,payable at the time of sale or transfer of the property,or if
apartment is removed. The loans are funded by the US HUD CDBG Program and have
additional requirements with respect to lead paint hazards, relocation and rents. CDBG rents are
listed below. No CDBG funded unit can be limited to one-person occupancy.
Revised Sept 2019
Design requirements:
• Property lot size must be at least 10,000 sq ft
• Four parking spaces required(two for the home and two for the apartment)
• Septic system must have the capacity for any additional bedrooms from project
• Only one apartment allowed per lot
• Apartment may be located in or attached to a single family home, or constructed as a
detached accessory structure unit on the same lot.
• Unit must be subordinate to principal single-family unit
• Property owner must occupy,as their primary residence, either the principal dwelling unit
or the accessory apartment
• Apartment should be designed so that the appearance of the building remains that of a
one-family residence.
• Apartment must have separate housekeeping unit from primary single-family unit,and
must contain a stove, kitchen cabinets,plumbing fixtures, a washer/dryer hook up
• Apartment can not be more than 800 sq ft or less than 400 sq ft
• Apartment can be limited to one-person occupancy only if approved by Board of
Appeals. No CDBG funds can be used to create a unit with any occupancy limit.
Tenant Selection: Tenant must be selected through an Affirmatively Marketed Program
such as the Regional Ready Renters List administered by the Town of Yarmouth. The fee to use
this list is currently$250. Tenant cannot be a family member. If you want to rent to a family
member, the Town will let you create a family-related accessory apartment under Zoning Bylaw
407. Tenant must be certified prior to occupying the unit or signing a lease, and again on an
annual basis. Owners must sign a one-year lease with tenant. The lease must be amended to
reference the Special Permit from the Board of Appeals and Regulatory Agreement.
Discrimination on the basis of race, creed,color,sex,sexual orientation,age, handicap,
marital status,national origin,or any other basis prohibited by law in the selection of a
tenant is strictly prohibited.
Required Legal Documents:
Special Permit from the Board of Appeals *
Declaration of Covenants Accessory Apartment * (Town Document)
Local Initiative Regulatory Agreement and Declaration of Restrictive Covenants for
Affordable Accessory Apartment Rental Project * (State Document)
Summary & Statement of Understanding of the LIP Regulatory Agreement
One-year Lease with Tenant that referenced the Special Permit&Regulatory Agreement
(* Recorded at the Barnstable Registry of Deeds)
Monitoring:
Owner provides Dept. of Community Development rental lease and verifies tenancy on
an annual basis
Owner notifies Dept. of Community Development of any change in tenancy in advance
Owner arranges for Annually Certification of Tenant's Income
Owner Registers Apartment Annually with the Board of Health
Building Department inspects unit once every two years
Summary of Regulatory Agreement & Declaration of Restrictive Covenants:
The Regulatory Agreement and Declaration of Restrictive Covenants is a legally binding
document. It is strongly recommended that owners of affordable accessory apartments
review the document with their attorney. A summary of the Regulatory Agreement follows:
• The Regulatory Agreement limits the monthly rent charged to tenants of affordable
accessory apartments. The monthly rents charged shall not exceed an amount equal to
thirty percent(30%)of the monthly adjusted income of a household whose gross income
equals seventy (70%)of the Barnstable/Yarmouth Area Median Income(AMI)published
annually by U.S. HUD adjusted for household size. All utilities shall be included in the
rent, or if utilities are separately metered,they may be paid by the tenant and a Section 8
utility allowance shall be deducted from the maximum allowable rent.
• The Regulatory Agreement restricts the leasing of the affordable accessory apartment to a
person or family of an appropriate size whose income is 80%or less of the
Barnstable/Yarmouth AMI. Tenants must first be certified as income eligible by the
Town of Yarmouth prior to occupying the unit. The tenant must have their income
verified annually, but will not be made to vacate the unit id their next annual income is
above the program income limits.
• The Regulatory Agreement requires that the affordable accessory apartment contains
complete living facilities including but not limited to a stove,kitchen cabinets, plumbing
fixtures, a washer/dryer hook up, and that no studio be less than 250 square feet and no
one-bedroom unit be less than 700 square feet.
• The Regulatory Agreement requires that the owner of an affordable accessory apartment
enter into a one year written lease with their tenant,and report on this lease and tenant to
the Town of Yarmouth on an annual basis.
• The Regulatory Agreement requires that the owner of the affordable accessory apartment
select tenants using an affirmative fair marketing plan and lottery selection as described
in the Town of Yarmouth Affirmative Fair Marketing Plan for Affordable Accessory
Apartments.
• The Regulatory Agreement prohibits the owner of an affordable accessory apartment
from discriminating on the basis of race, creed,color, sex, sexual orientation,age,
handicap, marital status, national origin, or any other basis prohibited by law in the
selection of a tenant.
• The Regulatory Agreement allows for the early termination of the Regulatory Agreement,
but requires the owner to notify in writing DHCD, Yarmouth Board of Appeals,
Yarmouth Department of Community Development and the tenant of the termination of
the Regulatory Agreement and the lease. The owner must provide the tenant with a
written notice of termination of lease at least two(2)months prior to the termination date.
The Regulatory Agreement cannot be terminated until the lease has been properly
terminated.
The Town of Yarmouth Department of Community Development is the Local Project
Administrator for the Affordable Accessory Apartment Program. Copies of the Regulatory
Agreement for Affordable Accessory Apartment Rental Project and Summary of Anti-
Discriminations Laws are available for review at the Town of Yarmouth, Department of
Community Development, 1146 Route 28, South Yarmouth, MA 02664. This location is
handicap accessible. For more information, please call(508) 398-2231 Ext. 1275 (TDD 508-
398-2231).
•
Summary of Anti-Discrimination Laws:
Discrimination on the basis of race, creed, color, sex, sexual orientation, age, handicap, marital
status, national origin, or any other basis prohibited by law in the selection o:f a tenant is strictly
prohibited.
Statement of Understanding:
I/We have received and read the Affordable Accessory Apartment Program Owner Information
Packet which includes a Summary of Anti-Discrimination Laws and a Summary of Local
Initiative Regulatory Agreement and Declaration of Restrictive Covenants for Affordable
Accessory Apartment. Rental Project and understand the restrictions required by it.
Property Owner Signature Date
Property Owner Signature - Tate
For more information on this or any of our programs, please contact:
Town of Yarmouth
Department of Community Development
1146 Route 28, South Yarmouth, MA 02664
508-398-2231 Ext 1275 (TDD 508-398-2231)
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21 MINDEN LN
Location 21 MINDEN LN Mblu 122/117///
Acct# 14403 Owner BRACKETT EMMA
Assessment $523,400 PID 14403
Building Count 2
Current Value
Assessment
Valuation Year Improvements Land Total
2021 $324,100 $199,300 $523,400
Owner of Record
Owner BRACKETT EMMA Sale Price $557,000
TOBEY QUAN N Certificate
Care Of Book&Page 32645/345
Address 3718 GREEN VISTA DR Sale Date 01/24/2020
ENCINO,CA 91436 Instrument 00
Qualified Q
Ownership History
Ownership History
Owner Sale Price Certificate Book&Page Instrument Sale Date
BRACKETT EMMA $557,000 32645/345 00 01/24/2020
GRAY DONALD H $0 8231/0299 10/01/1992
GRAY DONALD H 8226,000 /0 1N 10/01/1992
Future Owners
Ownership History
Owner Sale Price Certificate Book&Page Instrument Sate Date
BRACKETT EMMA $557,000 32645/345 00 01/24/2020
Building Information
Building 1 :Section 1
Year Built: 1960 Building Photo
Living Area: 1,658
Replacement Cost: $312,870
12/3/2020
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Building Percent Good: 75 `
Replacement Cost - ;S V aSU . _ }
Less Depreciation: $234,700
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Building Attributes
Field Description e
Style: Cape Cod sr
Model Residential ('
Grade: Average+20
Stories: 1 1/2 Stories
Occupancy 2
Exterior Wall 1 Wood Shingle (httpJ/images.vgsi.cornipholos2/yarmouthMAPhotos//h0038
Exterior Wall 2 Clapboard 1PB120009_38083.JPG)
Roof Structure: Gable/Hip Building Layout
Roof Cover Asph/F Gis/Cmp
FSP BAS
Interior Wall 1 Plastered UBM
Interior Wall 2 Drywall/Sheet
Interior Fir 1 Pine/Soft Wood
Interior Fir 2
Heat Fuel Oil 27 27
Heat Type: Hot Water
AC Type: None
Total Bedrooms: 3 Bedrooms
Total 8thrms: 2
4 18
Total Half Baths: 1 30
Total Xtra Fixtrs:
Total Rooms:
Bath Style: Average
Kitchen Style: Modem FHS 28
BAS
Num Kitchens 00
Cndtn
Num Park
Fireplaces
Fndtn Cndtn 30
Basement (ParcelSketch.ashx?pid=144038bid=15011)
Building Sub-Areas(sq ft) L
Code Description Gross Living
Area Area
BAS First Floor 1,286 1,268
FHS Half Story,Finished 780 350
FSP Porch,Screen,Finished 108 0
UBM Basement,Unfinished 486 0
2,640 1,656
Building 2:Section 1
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Year Built: 1960 Building Photo
Living Area: 336
Replacement Cost: $112,347
Building Percent Good: 70
Replacement Cost f ,
Less Depreciation: $78,600 ,
Building Attributes:Bldg 2 of 2
Field Description 91_14
k,l,
Style: Conventional y t
Model Residential
Grade: Average+10
Stories: 1
Occupancy 1
(http:/fiimages.vgsi.com/photos2/YarmouthMAPhotos/A0038
Exterior Wall 1 Wood Shingle tPB120011 38084.JPG)
Exterior Wall 2
Building Layout
Roof Structure: Gable/Hip
Roof Cover Asph/F Gis/Cmp WDK
Interior Wall 1 Drywall/Sheet to
Interior Wall 2
Interior Fir 1 Pine/Soft Wood 11
24
Interior Fir 2
WOK
Heat Fuel Oil
Heat Type: Hot Water
AC Type: None 16
Total Bedrooms: 1 Bedroom 26 Fria
FOR
Total Bthrms: 1
to
Total Half Baths: 0
Total Xtra Fbctrs:
Total Rooms:
Bath Style: Average
24
Kitchen Style: Modern (ParcelSketch.ashx?pid=144038bid=15012)
Num Kitchens 00Building Sub-Areas(sq ft) Legend
Cndtn
Code Description Gross Living
Num Park Area Area
Fireplaces FHS Half Story,Finished 672 336
Fndtn Cndtn FGR Garage 672 0
Basement WDK Deck,Wood 270 0
1,614 336
Extra Features
Extra Features Legend
Code Description Size Value Bldg#
FPL1 FIREPLACE 1ST 1.00 UNITS { $1,700 1
EOS End Outs Shwr 1.00 UNITS $0 1
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1 1.00 UNITS $1,900 1
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Land
Land Use Land Line Valuation
Use Code 1090 Size (Acres) 0.65
Description MULTI HSES MDL-01 Frontage 0
Zone Depth 0
Neighborhood 0070 Assessed Value $199,300
Alt Land Appr No
Category
Outbuildings
Outbuildings Legend
Code Description Sub Code Sub Description Size Value Bldg #
BRN3 1 STORY W/LOFT ! 520.00 S.F. $6,100 1
.
CNP1 CANOPY-AVG 252.00 S.F. $1,000 i 1
PAT1 PATIO-AVG 100.00 S.F. $100 1
Valuation History
[--"--"— Assessment
Valuation Year Improvements Land Total
M2021 _��,__..._ ��-.. . .� _mv.,..._..�..._r..._..�_...��324,1.pp �..._..._... ._..._._. _ $199,300 523.400
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2020 $292,700 $190,500 $483,200
2019 $257,700 $190,500 $448,200
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Brandolini, Jim
From: Waygan, Mary
Sent: Monday, December 21, 2020 5:00 PM
To: 'emmabrackett@gmail.com'; 'quantobey@gmail.com'
Cc: Clark, Sandi; Brandolini,Jim; 'Redevelopment Director'
Subject: 21A Minden Lane Yarmouth Port
Attachments: RR Rolling Basis Application Brick Kiln Neptune Swan River 09212020.pdf
Hi Emma,
Thank you for calling me today to discuss the accessory apartment at 21A Minden Lane. It is my understanding that you
are interested in making the unit an affordable accessory apartment and keeping the current tenant.
To start, please ask the current tenant to complete the attached Ready Renter Rolling Basis application, and submit with
all required income and assets documentation to me, either by email, mail or by using the Blue Drop Box at Town Hall
(at side entrance facing Wood Road). My contact information is below. If it looks as though she is income eligible, I will
then forward the application to our Ready Renter lottery consultant Plymouth Redevelopment Authority for review. As
per our phone call, there is a fee of$250 for these services once Plymouth Redevelopment Certifies the tenant as
eligible.
Next, please contact Sandi Clark at SClarkPyarmouth.ma.us for instructions on how to apply to the Board of Appeals.
Yours,
Mary Waygan
Affordable Housing/CDBG Program Administrator
Town of Yarmouth
1146 Route 28, South Yarmouth, MA 02664
Cell: 774-212-1668
Desk: 508-398-2231 X 1275
mwaygan@ yarmouth.ma.us
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