Brentwood board places memo on file confirming three-unit condition at 56 Hague Road, will not pursue enforcement
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Summary
The Select Board accepted a memo documenting that permits issued over time resulted in a nonconforming two-family residence plus an accessory dwelling unit at 56 Hague Road and voted to place that memo in the property file rather than pursue code-enforcement action.
The Brentwood Select Board voted Oct. 21 to place a memo in the town's property file recording existing conditions at 56 Hague Road, where town staff confirmed the presence of three dwelling units created over time through issued permits.
Mark Kennedy, the town administrator, presented a memo "to the property file" and read the findings into the record, saying a review showed that, "through properly issued building permits, circumstances have resulted in structures failing to conform to the town zoning ordinance. This happened over many years, and now a non conforming 2 family residence and an accessory dwelling unit are located on-site. Zoning does not allow duplexes, and accessory dwelling units are not permitted in association with structures other than single family dwellings." The memo notes a site visit on Oct. 16 confirmed three individual units on the property.
Kennedy and the Select Board described the memo as a note-to-file intended to inform future purchasers that the permits created a nonconforming arrangement; they said the board would place the memo in the town clerk's property file and the planning-board records rather than pursue enforcement action because the record shows permits were granted for each unit. Kennedy told the board he had consulted with town planner Glenn Greenwood when preparing the memo.
The selectmen also emphasized an owner-occupancy requirement in the town's accessory dwelling unit ordinance: the memo restates that the ordinance requires the property owner to reside in one of the units on the premises; the board said the requirement applies to the current and any future owner.
Select Board members voted to adopt the memo and sign it; the board agreed to date the adoption Oct. 21 so the record will show when the board placed the memo on file. Dr. Wilson, the property owner who had requested relief earlier in the year, told the board the memo "serves the bill quite nicely." The meeting record shows unanimous assent with no code-enforcement action taken at that time.