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Commission advises owners of cottage on 220 North Center Street to document occupancy and check health department rules
Summary
Commissioners told property owners the small cottage on 220 North Center Street may be a nonconforming dwelling; they said abandonment rules and ADU limits mean the owners should document when it was last occupied and consult the health department before altering or demolishing the structure.
Alicia O'Driscoll read an email from Rebecca and Elliot Anderson asking how the town classifies a small cottage on the front of their lot at 220 North Center Street that appears to have predated a larger primary home. Commissioners treated the inquiry as a question of nonconforming use and accessory-dwelling rules.
Commissioners noted the town oes not generally allow two dwellings on a single lot unless they share a common wall, and that the code contains abandonment rules. As one commissioner summarized, a nonconforming use that stops for between 12 and 24 months must conform to the current zone. Alicia recommended the owners document occupancy and "reach out to the health department before making any last decisions." She also said the code disallows detached ADUs and limits a property to one ADU, so turning the cottage into a separate rental could be prohibited without further action.
Commission members suggested staff respond by citing the relevant code sections and advising the owners how to prove continuous occupancy or lot-of-record status. The commission did not take formal action; staff were directed to reply to the owners with the applicable code citations and to recommend the health department be contacted for septic or plumbing constraints.
