[Added 4-28-1997 STM by Art. 5]
2101.1.
The purpose of the Senior and Family Housing
Overlay District (SFHOD) is to:
2101.1.1.
Provide a residential environment that offers
supportive services to individuals 55 years of age or older who are
unable to live independently in the community by offering supervision
and/or assistance with basic activities of daily life, such as dressing,
bathing, toileting and nutrition;
2101.1.2.
Provide multifamily condominium dwellings and/or
apartments for occupancy by individuals 55 years of age or older;
2101.1.3.
Provide for mixed and diverse varieties of housing,
including (a) affordable housing, (b) single-family housing without
regard to age limitation, (c) assisted living residences and (d) independent
living residences, in combination and in close proximity to one another;
and
2101.1.4.
Provide for residential development in a manner
that conserves environmental features, woodlands, wet areas, open
space, areas of scenic beauty, views and vistas.
2102.1.
The SFHOD shall be construed as an overlay district.
All requirements of the underlying district(s) shall remain in full
force and effect; provided, however, that where the SFHOD provides
for uses or structures, or establishes different dimensional or other
requirements, not set forth in the underlying district(s), the requirements
of the SFHOD shall supersede the underlying zoning requirements.
2103.1.
APPLICANT
ASSISTED LIVING RESIDENCE (ALR)
BEDROOM
BUFFER
DEVELOPMENT SCHEDULE
DWELLING UNIT
INDEPENDENT LIVING RESIDENCE (ILR)
LAND
MIXED RESIDENTIAL DEVELOPMENT (MRD)
MULTIFAMILY CONDOMINIUM DWELLING
REGULATIONS
SINGLE-FAMILY DWELLING
WET AREAS
As used in this Article 21, the following terms shall have the meanings indicated:
The person or persons, including a corporation or other legal
entity, who apply for issuance of a special permit hereunder. The
applicant must own, or be the beneficial owner of, all the land included
in the proposed SFHOD or have authority from the owner(s) to act for
him or hold an option or contract duly executed by the owner(s) and
the applicant giving the latter the right to acquire the land to be
included in the site within a period of 60 days from the time that
the applicant shall notify the owner(s).
A facility(ies), as defined in 651 CMR 12.02, reserved for
occupancy to persons 55 years of age or older.
A separate room intended for, or that customarily could be
used for, sleeping.
An area within a mixed residential development adjacent to
its boundaries, streams and ponds that may not be developed except
as provided herein.
A schedule showing the order and timing of construction and
the sequence of the improvements to be built or furnished in the mixed
residential development site, separated into stages where applicable.
A residence, including studio units. Each residence shall
contain at least a kitchen area/living area, bathroom and, except
in studio units, one or more bedrooms.
A multifamily condominium dwelling(s) or apartments reserved
for occupancy by persons 55 years of age or older.
Land, including areas covered by water.
Development of one or more single-family dwellings, ILR's or ALR's, in some combination, on a lot or lots. Such lot or lots need not comply with the dimensional requirements of this Zoning Bylaw for lot area, frontage, yards, setbacks and the like, except as set forth in § 198-2106 herein.
A building containing more than one dwelling unit that is
subject to the provisions of MGL c. 183A.
The rules and regulations of the Planning Board relative
to subdivisions, special permits and site plans.[1]
A detached dwelling unit for one family not within an ILR
or ALR.
Include water areas and other land in any of the following
categories:
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All land subject to the provisions of MGL c.
131, §§ 40 and 40A or land designated as being subject
to the one-hundred-year flood (an A Zone) pursuant to the Federal
Flood Disaster Protection Act, 42 U.S.C. § 4001 et seq.,
or subject to any regulation by the Town with regard to floodplain
or aquifer protection.
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All lands within the Watershed Protection District originally established by vote of the Town under Article 17 of the 1967 Annual Town Meeting, as the same may be amended from time to time.
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Land that is ordinarily submerged during any
portion of the year.
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2104.1.
The uses set forth below, individually or in combination, may be authorized by a special permit issued by the Planning Board pursuant to § 198-203, upon site plan approval as set forth in Article 6 and in compliance with the standards set forth in § 198-2106 below. The site plan review and special permit procedures under this Article 21 shall be consolidated by the Planning Board.
2104.1.1.
Assisted living residence.
2104.1.2.
Independent living residence.
2104.1.3.
Mixed residential development.
2104.1.4.
Structures and uses accessory to the uses set
forth in § 198-2104.1.1, 2104.1.2 and 2104.1.3 above, located
(with the exception of covered parking areas) within the same building,
including but not limited to the following: beauty and barber salons;
recreational, physical fitness and therapy services; nondenominational
chapel; library; bank automated teller machine; management offices;
adult day health facility; hospice residence; and covered parking
areas.
2105.1.
The Planning Board shall serve as the special permit granting authority pursuant to this Article 21. The Planning Board may grant extensions of time, in writing, for deadlines imposed herein, upon the written request of the applicant. The Planning Board may waive the submittal of technical information or documents otherwise required herein where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for, or applicable to, the Planning Board's decision pursuant to this Article 21. An application for a special permit shall be governed by the following rules:
2105.1.1.
Form of application.
2105.1.1.1.
An application for a special permit for construction within the SFHOD shall be submitted to the Planning Board on forms furnished by the Planning Board. Written notice containing a copy of said application shall be given by the applicant to the Town Clerk, the Conservation Commission, the Finance Committee, the Fire Chief, the Board of Health, the Building Commissioner, the Park and Recreation Commissioners, the School Committee, the School Building Planning Committee, the Selectmen, the Board of Water Commissioners and the Zoning Board of Appeals. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of MGL c. 41, §§ 81O and 81T, as the same may be amended from time to time, and pursuant to the regulations of the Planning Board, a filing fee determined in accordance with § 198-2107 below and a development plan containing the following information and data:
2105.1.1.1.1.
The name(s) and address(es)
of the applicant and all legal and beneficial owners of the MRD site;
copies of all instruments, options, contracts or encumbrances affecting
ownership of the development site, together with the opinion of an
attorney concerning the state of the title; and an instrument executed
by all persons owning property within the site agreeing that the development,
as applied for, is desired.
2105.1.1.1.2.
A plan, suitable for
recording, of the MRD site, showing all structures and improvements
on the site, all ways and utilities serving the site, all lot lines,
easements and rights-of-way of record.
2105.1.1.1.3.
All information required
by the regulations regarding the training and experience of the applicant,
his associates, professional advisers and contractors in the development
and management of real estate and the construction of housing, as
well as their respective financial positions. Such information may
include a list of all persons and organizations with which or whom
the applicant has been associated in the development of real estate
during the past 10 years, including their addresses and the names
of their principal officers, as well as all sources of credit upon
which the applicant relies to acquire, develop and manage the MRD
site. The applicant shall furnish copies of such transcripts, records,
letters of intent and contracts, as well as all other documentation
that the Planning Board may require to determine whether the applicant
is qualified to undertake and complete the proposed development and
whether his plan for financing the same is sound.
2105.1.1.1.4.
A proposed development
schedule showing the beginning of construction, the rate of construction
and development, including stages, if applicable, and the estimated
date of completion.
2105.1.1.1.5.
Information, including
but not limited to reports, letters or studies prepared by qualified
professionals, showing the effect of the development on the Town's
capacity to furnish services, including but not limited to schooling,
roads, water and sanitation.
2105.1.1.1.6.
A map, to the scale required
by the regulations, of the MRD site and the community surrounding
the same, to a distance of 1/2 mile, and showing all proposed points
of interconnection, including roads, utilities and schools.
2105.1.1.1.7.
A plan or plans, to the
scale required by the regulations, showing the topography of the MRD
site at a minimum of two-foot intervals, as well as vegetation and
special features, including all woodlands, wetlands, groups of trees
or individual trees worthy of preservation, rock outcroppings, significant
slopes, trails and paths, flowing streams and drainageways, ponds,
productive agricultural lands, open vistas, structures of historical
importance, biological and wildlife habitats and proposed conservation
and recreation restriction areas.
2105.1.1.1.8.
Plans for the preservation
of the vegetation and special features shown on the topographic plan.
2105.1.1.1.9.
All information that
the Planning Board may require subsequent to the filing of the application
to determine limitations on ground coverage and density.
2105.1.1.1.10.
Information, including
proposed interior plans, regarding the number and kind of dwelling
units proposed, their location, the number of bedrooms planned, the
anticipated sales prices and population projections pertaining thereto.
2105.1.1.1.11.
A plan or plans, to
the scale required by the regulations, showing existing and proposed
contours; roads; lighting; utility and sewerage systems; the areas
to be set aside for building structures; parking areas; and conservation
and recreation restrictions.
2105.1.1.1.12.
A model or models illustrating
preliminary landscaping and architectural design, showing types, location
and layout of buildings and typical elevations, as well as the general
height, bulk and appearance of structures. Perspective drawings may
be required subsequently by the Planning Board.
2105.1.1.1.13.
A report showing the
manner of construction of structures and describing structural and
paving materials, all in accordance with the minimum standards prescribed
in the most recent provisions of the Building Code and all other laws
and regulations pertaining thereto.
2105.1.1.1.14.
Information showing
the proposed street name and numbering system and any supplementary
methods proposed for identifying places and residences in the MRD
site.
2105.1.1.1.15.
Information pertaining
to any organization that the applicant proposes to form where the
development is to be a condominium development, including forms and
plans to be used to organize and manage the same.
2105.1.1.1.16.
Copies of all proposed
covenants, easements and other restrictions that the applicant proposes
to grant to the Town, the Conservation Commission, utility companies,
any condominium organization and the owners thereof, including plans
of land to which they are intended to apply.
2105.1.1.1.17.
Proposals for the disposal
of sanitary waste and stormwater.
2105.1.1.1.18.
Copies of all proposed
deed restrictions to assure resale at affordable prices, and the right
of first refusal in favor of the Town, for dwelling units to be sold
at affordable prices, if applicable.
2105.1.1.1.19.
Any and all other information that the Planning Board may reasonably require, in a form acceptable to it, to assist in determining whether the applicant's proposed development plan meets the objectives of this Article 21.
2105.1.2.
Review and action by the Planning Board.
2105.1.2.1.
Within 65 days of receiving
an application for a special permit and site plan approval, the Planning
Board shall request a report from the Board of Health pursuant to
MGL c. 41, §§ 81U and 81V, and hold a public hearing
on such plan, giving notice of the time and place thereof and of the
subject matter in accordance with the provisions of MGL c. 40A, § 11,
as the same may be amended from time to time.
2105.1.2.2.
In the event that the Planning
Board shall decide, after the conclusion of such hearing, not to grant
a special permit, it shall notify all parties in interest of its decision
as provided in MGL c. 40A, § 15, as the same may be amended
from time to time.
2105.1.2.3.
If the Planning Board shall
be inclined to grant a special permit and site plan approval, it shall,
within 60 days after the date of the conclusion of the public hearing,
send to the applicant a proposed special permit and site plan approval
containing the approved development plan, as well as such conditions
and safeguards as it deems appropriate to assure the approved site
shall be developed in complete harmony with the general purpose and
intent of this Zoning Bylaw. Without limiting this general purpose
and intent, such conditions and safeguards may include:
2105.1.2.3.1.
A requirement that the
applicant shall submit to the Planning Board:
2105.1.2.3.1.1.
A plan, suitable for
recording, showing the land in the development site, including a designation
of land to be included under conservation and recreation restrictions;
2105.1.2.3.1.2.
A copy of the deeds
for the dwelling units to be sold at affordable prices;
2105.1.2.3.1.3.
If the special permit
provides for construction of a multifamily condominium dwelling, a
master deed, duly executed and recorded by the applicant, subjecting
the land to the provisions of MGL c. 183A, as well as a copy of the
bylaws to be adopted by the organization of unit owners; and
2105.1.2.3.1.4.
A document, suitable
for recording, granting the Town a conservation and recreation restriction
over certain buffer areas and over wet areas.
2105.1.2.3.2.
A development schedule
bearing the signature of the applicant showing estimated dates for:
2105.1.2.3.2.1.
Commencement of development
within one year after recording of the special permit applied for;
2105.1.2.3.2.2.
Completion of each
proposed stage of the development, if applicable; and
2105.1.2.3.2.3.
Completion of the MRD.
2105.1.2.3.3.
Negotiable instruments,
deposits of money and/or a performance bond of a surety company qualified
to do business in Massachusetts and satisfactory to the Planning Board
shall be furnished and maintained by the applicant, and a covenant
shall be executed and recorded by the applicant, running with the
land, that shall be sufficient, in the opinion of the Planning Board,
to secure construction by the applicant of the infrastructure shown
on the approved development plan and performance of such construction
in accordance with the development schedule set forth therein. All
such covenants shall provide that the applicant shall pay $50 to the
Town, as liquidated damages, for each day that shall pass after the
expiration of 90 days from the time that any work shall not have been
completed as required by the development schedule, as said schedule
may be revised from time to time with the approval of the Planning
Board, unless said work shall have stopped for a period of 30 days
under a court order or if it shall be stopped or delayed through no
act or fault of the applicant or of any of the contractors that the
applicant has engaged to develop the MRD site.
2105.1.2.3.4.
A requirement that the
professionals and principals named in the development plan shall continue
to participate in the development in the capacities specified in the
approved plan, unless the Planning Board shall have modified the permit
as hereinafter provided.
2105.1.2.3.5.
Regulations to minimize
inconveniences to residents in the general area, whether of noise,
vibration, dust, blocking of Town roads or otherwise.
2105.1.2.3.6.
A requirement that as-built
drawings shall be filed with the Building Commissioner upon completion
of each stage of the development.
2105.1.2.4.
The applicant shall, within
15 days after he receives a copy of the proposed special permit from
the Planning Board, notify said Board of his acceptance of, or his
refusal to accept, the proposed special permit, including all the
conditions and safeguards set forth therein. In the event that the
applicant shall notify said Board that he accepts all such conditions,
he shall file with his notice copies of the plan and the instruments
that he proposes to submit to satisfy the requirements of this Zoning
Bylaw. In the event that the applicant shall not, within said period,
notify the Planning Board that he accepts all of said conditions and
safeguards or if he shall fail to submit copies of the aforesaid plan
and instruments, the Planning Board shall be deemed to have denied
approval of the development plan and special permit application; provided,
however, that the Planning Board may, at the request of the applicant,
extend the time during which the applicant shall notify the Planning
Board, in writing, of his acceptance, or refusal to accept, the conditions
and safeguards proposed, and during such extended period the Planning
Board and the applicant may agree, in writing, to changes in any such
conditions.
2105.1.2.4.1.
Within 10 days after
the applicant has notified the Planning Board of his acceptance, the
applicant shall deliver to said Board all of the documents described
herein, except the instrument and master deed required by § 198-2105.1.2.3.1.3
above, together with any and all other instruments and fees that may
have been imposed as a condition or safeguard upon exercise of the
special permit applied for.
2105.1.2.5.
Upon receipt of all such
material, the Planning Board may grant such special permit to the
applicant in accordance with the procedures set forth in MGL c. 40A,
§§ 9 and 11, subject, however, to such conditions and
safeguards as may be imposed pursuant to said § 9.
2105.1.2.6.
The Planning Board shall have no power to issue a special permit under this Article 21:
2105.1.2.6.1.
After the expiration of 18 months from the date on which the Attorney General shall have approved this Article 21 designating a SFHOD under which the special permit is sought, unless, after the expiration of such eighteen-month period, the consent of all but one of the members of the Planning Board shall be given to the issuance of a special permit in the manner provided by MGL c. 40A, § 16. Such consent by all but one of the members of the Planning Board shall be effective for 12 months from its date and may be extended for additional twelve-month periods by similar vote of the Planning Board.
2105.1.3.
Permits for use and construction.
2105.1.3.1.
No permit for the construction
or alteration of any structure, or for any new use of a structure,
on the land in the development site shall be granted by the Building
Commissioner until the Planning Board shall have reviewed a copy of
each application for a building permit and/or a use permit submitted
to it by the applicant and notified the Building Commissioner, in
writing, that:
2105.1.3.1.1.
Less than one year has
expired since the grant of the special permit or that a building or
use permit has previously been granted for said site.
2105.1.3.1.2.
The applicant has obtained
binding commitments for the financing required to complete the stage
of development proposed or in progress or that he has irrevocably
committed personal funds sufficient for this purpose; and
2105.1.3.1.3.
The proposed construction
and/or use is in substantial compliance with the definitive plan of
the subdivision, where applicable, the development plan and this Zoning
Bylaw.
2105.1.3.2.
In the event that 20 days
shall have elapsed after the Planning Board has received a copy of
such application without submitting the aforesaid notification, the
permit may issue as if the Planning Board had so notified the Building
Commissioner.
2105.1.3.3.
In the event that the Planning
Board shall determine that the applicant has not satisfied the conditions
and safeguards set forth in § 198-2105.1.3.1 above or that
any schedule, construction or use applied for will vary any of the
following items by 10% or more from the approved development plan,
it shall recommend that the Building Commissioner withhold a permit
therefor pursuant to the provisions of MGL c. 40A, § 7,
as the same may be amended from time to time:
2105.1.3.3.1.
The amount and location
of ground coverage, including buffers.
2105.1.3.3.2.
Adherence to the development
schedule.
2105.1.3.3.3.
The density and types
of dwelling units.
2105.1.3.3.4.
The size and number of
parking spaces required.
2105.1.3.3.5.
The location of utility
facilities.
2105.1.3.3.6.
The location of paths,
ways and traffic.
2105.1.3.4.
In such event, the applicant
may either appeal such decision of the Building Commissioner pursuant
to the provisions of MGL c. 40A, §§ 8 and 15, or apply
for modification of the special permit as provided herein.
2105.1.4.
Modification or amendment of approved plan.
2105.1.4.1.
In addition to the powers
conferred upon it by MGL c. 41, § 81W, the Planning Board
shall have the power, on its own motion or on the petition of any
person interested, to modify or amend its approval of the development
plan annexed to its special permit, provided that no such proposed
modifications or amendments may be granted until the Planning Board
shall have satisfied the requirements of § 198-2105.1.2
above.
2105.1.4.2.
No modification of the
provisions of said development plan, or part thereof, contained in
the special permit shall, in any event, be made, nor shall it be impaired
by the Town, except with the written consent of the applicant.
2105.1.5.
Abandonment.
2105.1.5.1.
In the event that the applicant
shall abandon the work described in the approved development plan,
or any portion or stage thereof, for a period of 120 days or if it
shall fail to commence said work within the time prescribed in § 198-2105.1.2.3.2.1
above, the Planning Board may, after a hearing duly called and conducted
in accordance with MGL c. 40A, §§ 11 and 15, cause
notice of abandonment to be recorded in the Middlesex South District
Registry of Deeds. No such notice shall be recorded, however, in the
event that the holder of any security interest in the MRD site who
has exercised his right to take possession of the mortgaged property
and to proceed to completion of the work that he has contracted to
finance shall have delivered an instrument to the Planning Board accepting
all the conditions and safeguards set forth in the special permit,
as the same may have been modified from time to time, and such holder
or holders shall thereupon be deemed the applicant hereunder. Notwithstanding
anything herein to the contrary, a special permit granted hereunder
shall lapse if construction hereunder is not begun within two years
from the date of such grant, except for good cause. Upon the recording
of a notice of abandonment, no further development shall take place
in the MRD site unless the applicant shall have complied with the
zoning and subdivision control regulations that would otherwise be
applicable thereto.
2106.1.
To be eligible for consideration for a special permit and site plan approval pursuant to this Article 21, the proposed development shall meet all of the following standards:
2106.1.1.
Qualifying area.
2106.1.1.1.
To serve as a MRD site,
an area of land within the SFHOD shall contain at least 20 contiguous
acres.
2106.1.2.
Open space requirement.
2106.1.2.1.
At least 40% of the MRD
site shall be open space, which shall be left in its natural vegetated
state.
2106.1.3.
Buffer.
2106.1.3.1.
A buffer area of 50 feet
shall be provided at the perimeter of the property where it abuts
residentially zoned or occupied properties; provided, however, that
no buffer shall be required where the land abutting the site is the
subject of a permanent restriction for conservation or recreation
or where the land abutting the site is held by the Town for conservation
or recreation purposes.
2106.1.3.2.
No vegetation in this buffer
area will be disturbed, destroyed or removed. Structures or buildings
may be located within the buffer area upon the issuance of a special
permit from the Planning Board.
2106.1.4.
Removal and replacement of vegetation.
2106.1.4.1.
No clear-cutting shall
be permitted, except incidental to construction of buildings, roads,
trails and parking areas. Where vegetation will be disturbed, destroyed
or removed during construction, the applicant shall indicate on the
plan submitted pursuant to § 198-2105.1.1 that such vegetation
will be replaced with appropriate alternative vegetation in locations
consistent with the completion of the project.
2106.1.5.
Roadways.
2106.1.5.1.
The principal roadway(s)
serving the site shall be designed to conform to the standards of
the Town. Private ways shall be maintained by an association of unit
owners or by the applicant.
2106.1.6.
Height.
2106.1.6.1.
No single-family dwelling
shall be more than three stories in height or exceed 35 feet in height
from finished grade at any point. ALR's and ILR's may exceed 35 feet
in height, but not more than 55 feet in height, upon the issuance
of a special permit by the Planning Board.
2106.1.7.
Parking.
2106.1.7.1.
The applicant shall provide
adequate parking to serve all anticipated uses on the property, with
information detailing the method of computation of parking spaces.
All parking areas shall be screened from view from adjacent residentially
zoned or occupied premises located outside the site, and from public
ways, by a landscaped border at least 10 feet in width.
2106.1.8.
Surface drainage.
2106.1.8.1.
The surface drainage system
shall be designed in accordance with the regulations and the rules
and regulations of the Board of Health and the Conservation Commission
pertaining to groundwater protection. Drainage of adjacent parcels
shall not be adversely affected by the proposed development.
2106.1.9.
Wastewater.
2106.1.9.1.
All wastewater treatment
and/or sewage disposal facilities shall conform to the provisions
of the State Sanitary Code, 310 CMR 15.00, any other state regulations
as may be applicable and with the rules and regulations of the Board
of Health.
2106.1.10.
Utilities.
2106.1.10.1.
All electric, gas, telephone
and water distribution lines shall be placed underground, except upon
a demonstration of exceptional circumstances.
2106.1.11.
Paths.
2106.1.11.1.
Paths for the use of residents
shall be attractively designed with proper regard for convenience;
separation of vehicular, bicycle and pedestrian traffic; adequate
connectivity; and completeness of access to the various amenities
and facilities on the MRD site and to pathways on adjacent sites.
2106.1.12.
Single-family dwellings.
2106.1.12.1.
The development of one
or more single-family dwellings on a lot or lots shall be permitted
only in a proposal to construct an MRD. Such single-family dwellings
may be situated on any common or individual lot consistent with the
overall design objectives of the SFHOD; provided, however, that such
dwellings shall comply with the provisions of the State Sanitary Code,
310 CMR 15.00, any other state regulations as may be applicable and
with the rules and regulations of the Board of Health.
2106.1.13.
Independent and assisted
living residences.
2106.1.13.1.
The development of independent
or assisted living residences shall be permitted only in combination
with each other. Such combination may be situated on any common or
individual lot consistent with the overall design objectives of the
SFHOD; provided, however, that such combination shall comply with
the provisions of the State Sanitary Code, 310 CMR 15.00, such other
state regulations as may be applicable, and with the rules and regulations
of the Board of Health.
2106.1.14.
Mixed residential development.
2106.1.14.1.
Where the applicant proposes
an MRD, single-family dwellings shall constitute not less than 14%
of the total dwelling units in the MRD.
2106.1.15.
Affordable units.
2106.1.15.1.
The applicant is encouraged
to provide dwelling units at prices affordable to persons or families
of low or moderate income. Such affordable dwelling units shall be
integrated into the overall development so as to prevent the physical
segregation of such units.
2106.1.16.
Development schedule.
2106.1.16.1.
The development schedule
submitted by the applicant shall allow for orderly construction of
the project.
