SOUTHWICK – A bylaw concerning customary home occupations passed at the spring Town Meeting is not yet a law.
Tonight’s Planning Board agenda includes four customary home occupation requests, something that would be almost eliminated with the new bylaw.
Retired Town Planner Marcus Phelps said the board decided to rewrite the article because of the number of customary home occupations that came before them in recent years.
“We approve about 30 a year,” said Phelps.
Nearly all of the requests were very common uses without any special considerations. Because of this, Phelps said they wanted to make typical customary home occupations a right for residents.
“There seems to be more people wanting to work from home,” said Phelps, who said tough economic times are also giving people the incentive to start small businesses.
“Starting a business from home is a good way to try it out,” he added.
Planning Board Chairman Douglas Moglin said the requests the board will discuss tomorrow night were filed right before or after Town Meeting.
“We have not received the Attorney General’s approval of the bylaw yet, and therefore it is not a law,” Moglin said.”Even though the town approved it, the Attorney General has to make sure it is legal under the state constitution.”
The board was holding off on the requests as long as it could in order to eliminate having to go through the process and to prevent the homeowners from paying the $25 fee, which is eliminated with the new bylaw.
According to the Town Clerk’s office, once the approval is granted, there is a 20 day waiting period before it actually becomes a law. The law becomes effective to the date of the Town Meeting.
The new bylaw defines home occupation as a vocation, trade, small business, craft, art or profession that can be conducted within a dwelling (permanent) or accessory building. It states that “A Home Occupation as defined in § 185-4 is considered an Accessory Use to a residential property in all Zones and Districts. Any Home Occupation shall be conducted in a manner that is not detrimental to the neighborhood nor adversely affects the health and property of abutters.”
It prohibits home occupations for a clinic or hospital, on site food sales or service, retail or wholesale shop or store, animal hospital or kennel, bed and breakfast, motor vehicle repair or painting facility, and welding or machine shop.
Phelps said one of the provisions for a home occupation as of right is that the business can have one vehicle and one trailer outside with signage, which is a change from the current language.
“Now, you’re not supposed to have anything outside the home,” said Phelps.
Phelps said the new language also allows for two non-family employees.
Other conditions of the home occupation as of right include:
Does not exhibit any exterior indication of its presence nor alter the residential appearance except for signage in compliance with § 185-29;
Is conducted solely within a dwelling (permanent) or accessory building and solely by the person(s) occupying the dwelling as a primary residence and, in addition to the resident(s) of the premises, by not more than two employees;
Is clearly incidental and subordinate to the use of the premises for residential purposes and does not produce vehicle traffic greater than that associated with a residential use;
Does not create a health or safety hazard nor produce offensive noise, vibration, smoke, dust, odors, heat, lighting, and no electrical interference or environmental pollution;
Does not utilize exterior storage of material or equipment except for one vehicle not to exceed 16,000 lbs. gross vehicle weight rating (GVWR) and one trailer not to exceed 7,000 GVWR for business use;
Provides adequate parking for additional vehicles associated with the Home Occupation; and is registered as a business with the Town Clerk.
