[Added by the 1998 Town Meeting]
A.
Intent and purpose.
(1)
It is the intent of this section to recognize the need for granting provisions in certain districts of the Town of Salem whereby appropriate housing alternatives may be provided for active adults age 55 and over, elderly persons living independently, frail elderly persons, and elderly persons requiring skilled or specialty nursing facilities, and provide appropriate supportive health care and services for older persons.
(2)
This section is intended to operate as a Seniors Housing Overlay District and will prevail in lieu of the underlying zoning, in appropriate circumstances, as determined by the Town of Salem Planning Board, to provide housing opportunities for elderly persons and provide opportunity for transitional uses between commercial districts, business districts, the Town Center District, and abutting residential districts.
B.
Definitions. See § 490-107. Cross-Reference: RSA 151 and RSA 151-C contain specific definitions of residential care and health facilities requiring licensing. Applicants for development of projects in the Seniors Housing Overlay District must comply with all state and federal regulations applicable to these facilities.
[Added by the 1999 Town Meeting]
C.
District locations. The primary intent of applying an overlay to established districts is to provide a compatible location for senior housing projects. Senior facility developers and operators may apply for any of the defined senior uses in § 490-107; however, the Planning Board shall have the sole authority for approval of a proposed project for a particular site based on the standards and criteria noted in this section.
[Amended by the 2002 Town Meeting]
(1)
A senior housing overlay district may be established on any parcel, or combination of parcels, that has the following characteristics:
(a)
A total land area appropriate to the use as set forth in Subsection F below, unless otherwise waived by the Planning Board, consistent with the interests of the community.
(b)
Served by municipal sewer and water or by private systems approved for community use by the Planning Board and the State of New Hampshire.
(c)
Having frontage on an existing or proposed Class V Town road of at least 200 feet, or access to a Class V Town road through an adjoining commercially zoned or business-office property with conforming frontage on a Class V Town road.
(d)
Commercial-Industrial A or C Subdistrict, or abutting or adjoining commercially zoned land, or Business-Office Districts.
[Amended by the 2004 Town Meeting]
(e)
Town Center District.
D.
Permitted uses. The following uses shall be permitted in the Seniors Housing Overlay District:
[Amended by the 2002 Town Meeting]
(1)
A variety of housing types exclusively addressing the needs of senior citizens, including but not limited to active adult homes and facilities; independent living facilities; continuing care retirement communities; assisted living facilities; congregate care facilities; nursing homes; and skilled nursing facilities.
(2)
Only single-family detached dwellings shall be allowed in the Residential and Rural Districts.
[Added by the 2004 Town Meeting]
E.
Evaluation criteria. In considering plans submitted under this section, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of this section, and particularly in regard to achieving:
[Added by the 2002 Town Meeting]
(1)
Maximum safety of traffic access and egress, minimum on the capacity of existing roads and sufficient parking areas to provide for adequate off-street parking.
(2)
A site layout which would have no adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.
(3)
The reasonable screening of all parking lots, service areas, and multifamily housing developments from the view of adjacent residential properties and streets.
(4)
Conformance of the proposed plan with the Salem Master Plan.
(5)
Installation of public improvements and amenities, at the expense of the applicant, to assist in the establishment of a sound urban environment. Such improvements may include, but shall not be limited to, granite curbing, sidewalks and street trees, extension of utilities and, when deemed necessary, improvements to existing roadways and/or drainage systems in order to adequately serve the proposed project.
(6)
Conformance of the building and all related signs and structures to the properties of the aesthetic character of the area, as determined by consideration of architecture, building size and type, scale of lot coverage, and consistency of uses in the immediate area.
F.
Development standards.
(1)
General standards.
(b)
Seniors facilities must be served by municipal water and sewer or by private systems approved for community use by the Planning Board and the State of New Hampshire.
(c)
Facilities designed as dwelling units within the district may have a maximum of two bedrooms.
(d)
Open space shall consist of no less than 50% of the lot area.
(2)
Design and architectural character.
(a)
Massing and style. Building massing and style must be distinctively residential in character, drawing on the historical design elements that are contextually consistent with regional New England architecture. Historical and traditional design elements are encouraged. Front yards which use boxwood hedges, evergreen hedges, traditional style picket fences, stone walls, or iron picket fences with granite curb and pilasters are encouraged. Fences or hedges should not exceed three feet in height at the fronts of buildings. Fences and landscaping to screen service areas may exceed this height, consistent with the intent and use of the space.
(b)
Roofs. Preference shall be given to roof pitches consistent with single-family residential design. New England traditional or vernacular styles are preferred. Material must be consistent with the architecture of the building. Composition shingle material is acceptable, provided that it is of high quality and provides architectural definition to the tab shingle to emulate traditional wood shingle styles. Tile, slate, or metal roofing is permitted, provided that it is consistent with the architectural style of the building. Gutters and downspouts are encouraged to provide drainage away from foundations but must be consistent with the other architectural elements of the building. The installation of chimneys on the roofs of all buildings is encouraged to convey the look and feel of residential use.
(c)
Facade element. Design of the facade shall be highly detailed and articulated to be compatible with the scale and sensitivity to the residential uses of the project. Facades should have a well-defined foundation, a modulated wall element, and pitched roof or articulated cornice which defines the character of the building and provides relation to the human scale of typical family residences.
(d)
Entrances. Building entrances must comply with all current accessibility regulations; however, the use of ramps and lifts is discouraged. Buildings should be designed with entrances that are barrier free for the intended residential or commercial uses. The use of sloping entry walks, covered entryways, porticos, arcades, and covered porches is encouraged. Where grade separation of an entrance is required because of site topography, accommodation should be provided in the architectural detail of the entry to allow barrier-free use by building residents and visitors.
(e)
Door and window openings. Doors and windows form the transition from public to private space and should reflect residential detailing in design and placement. The use of cornices, architectural moldings, side lights, transom lights, and raised panels in doors is encouraged. Window openings should vary between buildings but should not be unbroken and continuous in any circumstance. The use of opening sash windows with true divided lights or detailing to convey the character of divided lights is encouraged. The use of shutters consistent with the architecture of a building is encouraged. A wide range of material for doors and windows is acceptable, except that the use of commercial, anodized or painted aluminum or steel storefront assemblies is discouraged.
(f)
Materials and design elements. Material chosen for exterior elements should be consistent with the intent and use of materials traditionally found in residential design in New England. Siding materials such as clapboard and shingle are preferred, and the use of new materials which reduce maintenance but emulate the look and feel of traditional materials is encouraged. The use of a variety of trim material to provide detail at the eaves, corners, gables, pediments, lintels, sills, quoins, and balustrades is encouraged. The use of bays, towers, cupolas, cross gables, and dormers to provide unique character to a building and provide articulation of the facade is encouraged. The color palette chosen for any building should be consistent with traditional residential colors.
(g)
Paving and curbing. Granite curbing, gray in color, is required on all public roads and is preferred, except in areas of very low traffic volume where no curbing will be required. Rolled asphalt (Cape Cod berm) curbing is unacceptable in all public ways. Curbing is to be sloped or cut to provide a barrier-free transition at road crossings and building entrances. Paving which provides a nonskid surface and is contrasting in design, materials, or color is encouraged at all pedestrian crosswalks and walkways.
(h)
Parking. Parking lots in front setbacks are prohibited. Parking areas are to be to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. Parking lot interiors shall be landscaped to provide shade and relief. In parking areas of 11 or more parking stalls, at least one tree of three-inch or greater caliper shall be planted for every six parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. Textured paving or grade-separated (elevated) walkways are desired on all pedestrian accessways. Separate loading areas are required for service vehicles in all residential projects of 20 or more units and at all other facilities greater than 2,500 square feet. In multifamily buildings of 20 or more units, at least one loading area must be provided for 20 to 50 units and one additional loading area for each additional increment of 25 units. In other facilities, loading areas must be provided at the ratio of one space for each 10,000 square feet of building area on a site, except that all activities of 2,500 square feet or more shall have at least one loading area provided. Loading areas must be at least 20 feet by nine feet and have a minimum overhead clearance of 10 feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.
(i)
Parking ratios shall be as follows:
Use | Ratio per Dwelling Unit | |
|---|---|---|
Adult community | 2.2:1 | |
Independent living facilities | 1.5:1 | |
CCRC | 2:1 | |
ALF | 1:1 plus 1:each employee | |
Congregate care facility | 0.5:1 plus 1:each employee | |
Nursing home | 0.25:1 plus 1:each employee | |
SNF | 0.25:1 plus 1:each employee | |
Alzheimer's facility | 0.25:1 plus 1:each employee |
(j)
Signs. Permitted signs are to be as specified in § 490-702D(1) for Residential, Rural, Recreational or Garden Apartment Districts.
(k)
Lighting. Multi-halide lighting or color-corrected sodium lighting is encouraged. Streetlighting, except as required for vehicle entrances and public rights-of-way in the Subdivision Regulations, should be pedestal mounted or mounted on adjacent buildings at pedestrian-scale heights between 10 and 14 feet. Lights should not illuminate adjacent properties, and caps or cutoffs must be provided to prevent direct lighting of abutting or adjacent properties. The use of porch lights, gatepost lights, and bollard lighting to illuminate walkways is encouraged.
(l)
Foundation planting and general landscaping. A broad range of foundation plants and general landscape planting is encouraged. The intent is to provide an intensity of landscaping that creates a residential character for any project in this district.
(3)
Development density.
[Amended by the 2002, 2003 and 2004 Town Meetings]
(a)
Maximum allowable density shall be based on project location as follows:
[Amended by the 2017 and 2018 Town Meetings]
(b)
A density bonus of up to 10% of the total units allowed above may be granted by the Planning Board for projects which restrict the age of all occupants to age 62 and older. An additional density bonus of up to 10% may be granted by the Planning Board for projects of any size which dedicate a greater percentage of affordable units than required in Subsection H(5), but in no case may the total density bonus exceed 20% of the total units otherwise allowed.
(c)
Density calculations shall be based on the amount of contiguous upland area of a lot.
(4)
Open space requirements. Land within the parcel or lot which is not specifically covered by the buildings, roads, driveways, parking areas, or service areas, and not set aside as private yards, patios, or gardens for residents, shall qualify as open space. Private yards shall be considered to encompass all property within 20 feet of the dwelling or building. Further, all open space shall be unobstructed and open to the sky. Flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees, and similar objects shall not be considered obstructions. No more than 25% of the minimum required open space may lie within a wetland. At least 50% of the required open space must be undisturbed land that remains in its natural state. The size, dimension, character, and location of open space shall be suitable to enable its enjoyment and use for conservation, recreation, or agricultural purposes by residents of the community. Such restrictions regarding open space shall be in a form and substance as the Planning Board may prescribe, and shall be recorded in an instrument enforceable by the Town.
[Amended by the 2017 Town Meeting]
(5)
Single-family detached dwelling units may be situated on individual lots, may be part of a detached condominium regime, or may be separate rental units. Single-family detached projects within the district require a minimum parcel size of 10 acres. In the case of condominium units, condominium projects must be 75% owner-occupied. If separate lots are created, they shall not be less than 10,000 square feet and may have frontage on either Town roads or private roads within the overlay district, in which case the roads shall be maintained by an owners' association. In the case of single-family detached dwellings, the density of a district may not exceed one unit for each 10,000 square feet of lot area.
(6)
Multifamily residential structures may be either condominium units or rental units, except that condominium units must be 75% owner-occupied. More than one structure may be built on a lot in accordance with the density limits for the project type.
G.
Special use permits. The implementation of Seniors Overlay Districts shall be overseen by the Town of Salem Planning Board. Under the provisions of RSA 674:21, the Planning Board may, by application for a special use permit, provide an exception from the development standards in Subsection F, provided that:
(1)
Such exception is consistent with the purpose and intent of this section.
(2)
The exception is in the public interest.
(3)
The exception will not aggravate or worsen the impact on adjoining residential areas.
(4)
The exception will provide a development opportunity that could not be otherwise obtained.
H.
Restrictions.
(1)
Residential facilities designed for exclusive occupancy by senior citizens, as a minimum, must meet federal regulations for such facilities.
(2)
All occupants shall be age 55 or older.
[Amended by the 2004 Town Meeting]
(3)
A unit occupied by surviving members of a household, in which the head of household met the age requirements at time of death, may continue to be occupied by surviving household members regardless of age.
(4)
Residency restrictions for residential projects within the Seniors Housing Overlay District shall be accomplished by restrictions recorded in condominium declarations, restrictive covenants, or other documents recorded in the Rockingham Registry of Deeds. All such covenants shall be subject to review by Town Counsel and shall include enforcement provisions in favor of the Town.
(5)
At least 10% of the total dwelling units in all projects shall be dedicated as affordable to low-income households, defined as being available at a cost of no more than 30% of gross household income of households at or below 80% of the Lawrence, MA PMSA - NH Portion median income as reported by the U.S. Department of Housing and Urban Development. As an alternative to providing these units, the Planning Board may allow an applicant to contribute a fee to a local housing trust fund to be used for the development of affordable senior housing. The fee shall be equivalent in value to the units which otherwise would have been provided within the development, in accordance with a fee schedule adopted by the Salem Planning Board, and shall be paid on a timetable approved by the Board.
[Amended by the 2004, 2007 and 2017 Town Meetings]
(6)
Pursuant to RSA 674:21, I(b), to ensure that the rate of growth of new dwelling units does not unreasonably interfere with the Town's capacity for planned, orderly, and sensible expansion of its services to accommodate such growth, the construction of new dwelling units approved under this section shall be phased so that no more than 20 single-family detached units or 50 multifamily units shall be built in any one project per year.
[Added by the 2004 Town Meeting; amended by the 2008 Town Meeting]