Planned Residential Development for Seniors
(PRDS) may be allowed in appropriate area of any approved R-1 Residence,
R-2 Residence, R-3 Residence, or R-4 Residence District by Special
Permit only from the Planning Board as the Special Permit Granting
Authority (SPGA), and must meet the following development standards.
To provide necessary housing for seniors 55
years of age or older in order to retain valuable familial and monetary
resources to the Town.
A PRDS is a development maintained and/or operated
as a single unit, containing attached or detached buildings intended
for housing persons aged 55 years or older, within the meaning of
MGL c. 151B and 42 U.S.C. § 3607, and operated in compliance
with the regulations of said statutes and corresponding regulations.
Residents of a PRDS shall all be 55 years of age or older, provided,
however, that the SPGA may grant a waiver from this requirement for
a spouse who is less than 55 years of age.
A.
Plot and lot sizes and dimensions, and the location
and height of buildings, if meeting the standards of this bylaw, may
be freely disposed and arranged provided the construction conforms
to comprehensive plans approved, pursuant to this bylaw, by the SPGA.
In reviewing and approving all plans, the SPGA, in addition to the
standards set forth herein, shall utilize the Town standards of subdivision
control as well as the opinions of the Town Engineer, the Town Planning
Consultant and the Town Water and Sewer Consultants. The SPGA shall
have full power to require modifications in the plan submitted by
any applicant.
B.
No tract, parcel or lot, or tracts, parcels or lots
shall contain less than 10 upland acres (non-wetland) of adjoining
and contiguous land and shall contain sufficient access to a State
Highway or to the Town road system as designated on the official or
zoning map of the Town of Rockland as amended. For the purpose of
this section, internal streets, proposed roads and rights-of-way shall
not be deemed to divide acreage of a PRDS. The land within a PRDS
that is granted a Special Permit under this section shall not be further
subdivided, unless and until the Special Permit lapses.
[Amended 5-4-2009 ATM, Art. 23]
The development shall be integrated into the
existing terrain and surrounding landscape, and shall be designed
to protect abutting properties and community amenities. Building sites
shall, to the extent deemed feasible by the SPGA:
A.
Minimize obstruction of scenic views from publicly
accessible locations.
B.
Preserve unique natural or historical features.
C.
Minimize tree, vegetation and soil removal and grade
changes.
D.
Maximize open space retention.
E.
Maximize buffers to wetlands and water bodies.
F.
Maximize recreation amenities.
G.
Screen objectionable features from neighboring properties
and roadways.
A.
Boundary line setback requirements. All buildings,
structures and uses shall be set back no less than 25 feet from all
external streets.
B.
Internal street setback requirements. All buildings
and structures for principal or accessory non-residential uses shall
be set back no less than 25 feet from any public or private street
within a PRDS.
C.
Minimum lot width: 110 feet.
D.
Maximum building area: 60% of the total upland land
coverage.
E.
Distance between buildings: 25 feet between the sides
of buildings, and 50 feet between the backs of buildings.
F.
Perimeter buffer area: 30 feet. The buffer area shall
remain in its natural condition or be densely planted and in the opinion
of the SPGA, provide suitable screening of abutting properties, except
for access roadways. The SPGA may reduce the width of the buffer at
appropriate locations, taking into account the character of open space
use of abutting properties or the existence or requirement of buffer
thereon.
A.
No building or structure shall have a height greater
than 36 feet or three stories.
B.
Dwelling units shall contain no more than two bedrooms.
All dwelling units shall be detached or attached only along sidewalls
in the so-called "townhouse" style, and no building shall contain
more than four units. No mobile homes shall be allowed.
C.
Accessory buildings and structures for use by residents
and their guests may be permitted, including clubhouse or community
center, swimming pool, and tennis court, as well as storage and maintenance
structures intended to service the PRDS. Such accessory buildings
and structures shall be shown on the site plan.
D.
Multiple buildings shall be allowed on a single lot.
E.
Architectural style shall be in harmony with the prevailing
character and scale of buildings in the neighborhood and the Town
through the use of appropriate building materials, screening, breaks
in roof and wall lines and other architectural techniques. Variation
in detail, form and siting shall be used to provide visual interest
and avoid monotony. Proposed buildings shall relate harmoniously to
each other with adequate light, air, circulation, and separation between
buildings.
The total number of dwelling units shall be
limited to four units per upland acre. For purposes of the dwelling
unit calculation, the land area used shall not include any wetlands
as defined by the Massachusetts Wetlands Protection Act.[1]
[1]
Editor's Note: See MGL c. 131, §§ 40
and 40A.
The SPGA shall not approve a Special Permit
for a PRDS which would cause the total number of PRDS dwelling units
for which Special Permits have been issued (and for which the Special
Permits remain in effect) to exceed 500 units in the Town of Rockland.
A.
Each PRDS shall develop and maintain the following
required open space: One square foot of open space for each one square
foot of total gross floor area of the PRDS, but in no event shall
the total amount of open space be an area less than 40% of the gross
upland (non-wetland) area. Areas occupied by a detention or retention
basin shall not be included in the computation of required open space.
B.
Computation. Any required open space may include common
recreation areas and required buffer areas (if upland) for computation
purposes.
A.
Two parking spaces shall be provided for each unit
in reasonable proximity to the dwelling, or in garages, plus four
visitor parking spaces for every 10 units. The SPGA may require additional
parking in proximity to any clubhouse or other facility serving residents
in common.
B.
No parking shall be allowed on streets or ways within
the PRDS.
C.
Parking areas, including maneuvering space for parking
and loading areas, shall not be located in the thirty-foot perimeter
buffer areas.
A.
Roads and driveways within a PRDS shall meet such
width, grades, radius or curvature and construction standards as the
SPGA shall determine, based upon the standards provided in the regulations
governing subdivisions, as the same may be waived or modified by the
SPGA to meet site conditions and design requirements.
B.
The plan shall maximize the convenience and safety
of vehicular and pedestrian movement within the site and in relation
to adjacent ways through proper layout, location, design and detailing
of facilities and dwellings.
C.
The development shall have access on roads having
sufficient width, suitable grades, and adequate construction to provide
for the needs of vehicular traffic generated by the site, when added
to the existing traffic stream.
A.
All utility improvements including storm drainage
systems, sanitary sewage collection and disposal and water supply
systems shall be in accordance with the standards and procedures as
established by other local, county, and state regulations. Said improvements
shall be subject to review and approval by the Town Engineer and Town
Boards, as well as appropriate county and state agencies.
B.
Electric, gas and telephone service shall be provided
by the developer in concert with the appropriate public utilities
providing such service. Said service shall be provided as part of
an underground system.
C.
The development shall provide drainage and utilities
functionally equivalent to that provided under the subdivision rules
and regulations.
D.
Drainage shall be designed so that the rate of run-off
shall not be increased, groundwater recharge is maximized, surface
and ground water quality is maintained, and neighboring properties
will not be adversely affected. The SPGA may require that existing
problems on/or adjacent to the site be mitigated as a condition of
approval of a Special Permit under this section. Open-air drainage
facilities shall have a minimum thirty-foot landscaped buffer where
abutting residential structures.
E.
All exterior lighting shall meet the provisions of
the subdivision rules and regulations.
A.
The SPGA shall establish and publish a schedule of
fees for the review of a PRDS.
B.
Whenever an application for a Special Permit is filed
with the SPGA under this section, the SPGA shall transmit within 10
days of the filing of the completed application, copies of the application
and other documentation to the Town Clerk and to the Zoning Board
of Appeals, Water Commission, Sewer Commission, Board of Health, Conservation
Commission, Building Department, Highway Department, Fire Department,
Police Department, Town Engineer, Town Counsel, and Board of Selectmen
for their consideration, review and report. The copies necessary to
fulfill this requirement shall be furnished by the applicant upon
submittal. Any such reviewing party to which Special Permit applications
are referred for review shall make such recommendations as they deem
appropriate and shall send copies thereof to the SPGA and to the applicant.
Failure of these reviewing parties to make recommendations within
35 days after having received copies shall be deemed a lack of opposition
thereto.
C.
The SPGA may require the applicant to provide projections
of traffic impacts, to aid the SPGA in determining whether the grant
of the Special Permit would serve the purposes of the bylaw.
D.
The SPGA may engage, at the expense of the applicant,
professional, technical, and/or legal consultants to review the application,
pursuant to MGL c. 44, §§ 53G and 53E 1/2.
Required open space shall be set aside as common
land. Said common land shall either be conveyed in whole or in part
to the Town of Rockland and accepted by it for park or open space
use, or be conveyed to a nonprofit organization whose principal purpose
is the conservation of open space, or be conveyed to a corporation
or trust owned or to be owned by the owners of the dwelling units
within the PRDS. The SPGA shall approve the form of ownership of the
common land. The conveyance of conservation trail easements for the
benefit of the public shall be encouraged, where appropriate. If the
common land or any portion thereof is not conveyed to the Town of
Rockland, a perpetual restriction, approved by the SPGA and enforceable
by the Town of Rockland, shall be imposed on the use of such land,
providing in substance that the land be kept in its open or natural
state and that the land shall not be built upon or developed or used
except in accordance with the provisions for a PRDS and, if applicable,
as further specified in the decision of the SPGA governing the individual
PRDS. At the time of its conveyance, the common land shall be free
of all encumbrances, mortgages, tax liens or other claims, except
as to easements, restrictions and encumbrances required or permitted
by this bylaw.
At least 10% of the total number of units in
the PRDS shall be developed as affordable housing for persons of low
or moderate income, as defined under the regulations of the Department
of Housing and Community Development, and shall meet the requirements
for Local Initiative Program (LIP) units or otherwise qualify so as
to be included in the computation of the total of affordable housing
units in the Town of Rockland under the provisions of MGL c. 40B,
§§ 20 to 23. The affordable units shall be marketed
through a housing organization approved by the SPGA, and shall be
subject to resale restrictions that assure continued affordability
in perpetuity. The applicant shall submit copies of proposed deed
riders and covenants to impose resale restrictions, conforming to
state regulatory requirements for affordable units.
A Special Permit granted under this section
shall lapse if construction has not begun within two years, or has
not been completed within four years, from the date on which the decision
of the SPGA is filed with the Town Clerk (not including time required
to pursue or await the determination of an appeal pursuant to MGL
c. 40A, § 17), except for good cause.
The SPGA may require as a condition of approval
that building permits shall not be issued until all internal roadways,
municipal services, and other required improvements shall have been
completed, unless such completion has been secured by the deposit
of a sum of money or negotiable securities sufficient in the opinion
of the SPGA to secure said completion, and the applicant has entered
into an agreement for the application of said funds to the cost of
completion.
The maintenance and repair of internal roads
and driveways, snow plowing, landscape maintenance, trash removal,
utility services and maintenance and repair of other common elements
and facilities serving the residents shall be the sole responsibility
of the owner of the PRDS or, if dwelling units are separately owned,
of an association of the owners of the dwelling units, who shall be
required to be members of said association. The SPGA may require the
applicant to present copies of covenants and restrictions to be imposed
on unit owners to assure their membership in the association. The
Town of Rockland shall not be responsible whatsoever for the items
listed herein, or any other project maintenance.
