A.
It is the purpose of this section to establish a 55+ Active Adult
Overlay District (AAOD). The establishment of the AAOD will foster
the development of a range of housing types and provide the flexibility
to encourage development that will allow for context-sensitive design
and creative site planning. The processes adopted hereunder will ensure
that development within the AAOD will be balanced with the public
health, safety and welfare. All projects proposed under this bylaw
shall employ development principles that take into consideration the
existing landscape, scenic vistas, passive and active recreational
opportunities and conservation of open spaces.
B.
A special permit from the Planning Board shall be required for all
projects proposed under the AAOD Bylaw.
C.
No provision in this bylaw may be construed to supersede or otherwise
alter or amend the bylaws pertaining to the use of land in the underlying
district. Rather, this bylaw is intended to supply an alternative
for those who elect to submit a special permit application under the
provisions of this AAOD Bylaw, in which case the provisions and requirements
of the AAOD Bylaw shall apply, and not the provisions and requirements
of the underlying district, except as specifically stated in the AAOD
Bylaw.
D.
Overlay district. The AAOD shall consist of the following properties,
as identified on the Assessor's Maps maintained by the Town:
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0095-0037-01
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0096-062A-00
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0097-015C-00
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0095-0037-00
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0097-0019-00
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Housing development that is in compliance with the age restriction requirements of the Federal Fair Housing Act, 42 USC § 3607(b), as amended, the regulations promulgated thereunder, the Federal Housing for Older Persons Act of 1995, as amended, 24 CFR Subtitle B, Chapter 1, Section 100.300 et seq., and M.G.L. ch. 151B, § 4, as they may be amended.
The SPGA shall be the Planning Board, and review of special permit applications submitted hereunder shall be based upon the considerations of Article IV, special permits, along with other specifically designated criteria contained in this AAOD Bylaw.
The following uses and structures are allowed in the AAOD. All
other uses not expressly permitted shall be prohibited from use of
the overlay district.
A.
Single-family dwellings.
B.
Two-family dwellings.
C.
Townhouse dwellings.
D.
Multifamily dwellings.
E.
Accessory uses and structures that are customarily incidental and
accessory to the above described residential uses.
F.
Public golf course and related accessory clubhouse, pro shop, dining
and maintenance facilities golf professional shop.
The AAOD is exempt from Bellingham Zoning Bylaw Article XXV, Inclusionary Housing.
The following standards, which vary from the underlying zoning,
shall apply to any development proposed under the AAOD Bylaw. All
other applicable design standards, performance requirements and dimensional
requirements in the underlying bylaw shall be applicable.
A.
Density. A maximum of eight residential units per acre.
B.
Dimensional requirements. The following dimensional requirements
shall apply:
(1)
Minimum lot area: 160,000 square feet.
(2)
Minimum frontage: 150 feet.
(3)
Minimum front yard: 20 feet.
(4)
Minimum side yard: 15 feet.
(5)
Minimum rear yard: 20 feet.
(6)
Maximum building height: 37 feet, except: multifamily dwellings,
which may have a maximum height of 60 feet.
(7)
Minimum separation between buildings shall be 20 feet.
C.
Traffic and pedestrian safety:
(1)
Interior design:
(a)
The design of the proposed development shall ensure safe interior
circulation within its site with adequate ingress and egress as well
as separation of pedestrian, bike ways, and vehicular traffic. The
principal roadways serving the site shall be designed to conform to
standards of the Town, as established by the Town's Subdivision
Rules and Regulations, subject to waiver by the Planning Board, after
review and guidance by emergency services and the Department of Public
Works, upon a showing of good cause by the applicant.
(b)
In the event that any project proposed hereunder does not seek
to obtain subdivision approval, the internal ways providing access
and egress for the development shall, nonetheless, be determined to
be "roadways" for the purpose of the interpretation of this AAOD Bylaw.
(2)
Off-site traffic impacts: Applicants shall demonstrate to the
Planning Board that the proposed project will not result in substantial
adverse impacts to the traffic flow and safety on area streets and
ways, or that the project will otherwise adequately mitigate any such
substantial adverse impacts.
(3)
Emergency access: All applications must demonstrate that, in
the opinion of the Bellingham Fire Department, there is adequate accommodations
for emergency vehicles throughout any proposed project.
(4)
Sidewalks: All site plans shall include internal sidewalks and
other walkways that provide for pedestrian access to the development's
housing units, community buildings, open space and other amenities
in a manner that is deemed adequate to the Planning Board.
D.
Parking.
(1)
Dwellings: a minimum of two spaces per dwelling unit, except
for multifamily dwellings which shall provide a minimum of 1.25 spaces
per dwelling unit.
(2)
Restaurant: one for every three seats of total seating capacity.
(3)
Other amenities: The Planning Board shall have the ability to
review any other uses and to determine the number of required spaces,
if any.
(4)
Waiver: The Planning Board may reduce the required number of
parking spaces based upon factors which may warrant a reduction in
number of parking spaces such as but not limited to walkability, shared
spaces, or other recognized standards warranting a reduction in parking.
(5)
No off-street parking area for five or more cars shall be located
within 20 feet of a roadway.
(6)
All off-street parking areas for five or more cars shall be
at least 20 feet from a project roadway and shall be adequately screened
from a public right-of-way. However, the Planning Board may allow
off-street parking lots to be located closer than 20 feet to an internal
roadway in the development based upon factors which may warrant such
a reduction, such as but not limited to buffers, environmental impacts
and the proximity of nearby buildings.
E.
Open space requirement:
(1)
Any proposal under this AAOD Bylaw is required to reserve and
restrict no less than 50% of the entire site that is the subject of
the special permit application for open space purposes. Such open
space shall be shown on a site plan and may include outdoor recreational
(passive or active) activities, including but not limited to golf
courses. Such open space will be condition as preserved in perpetuity.
F.
Phasing: All applicants shall submit a phasing plan with an application
under the AAOD Bylaw.
G.
Infrastructure and utilities: All projects proposed under the AAOD
shall establish that there are adequate accommodations for water,
sewer, stormwater management and utilities.
H.
Building design: The applicant shall provide building floor plans
and architectural elevations of all structures proposed, completed
by a registered architect or engineer, and shall indicate type, dimensions,
materials and colors of materials to be used.
The AAOD is exempt from development plan approval under § 240-16 of the Zoning Bylaw. However, any applicant for a special permit under this AAOD Bylaw is urged to meet with the Planning Board staff prior to the submission of a special permit application under the AAOD Bylaw.
Notwithstanding the lack of formal development plan approval, all applications for a special permit hereunder shall include all plans and materials required under development plan approval as listed in § 240-17 of the bylaw. Additionally, where no subdivision is sought, the applicant shall provide any and all other plans that are required under the Town's Subdivision Rules and Regulations as they apply to roadways, utilities, stormwater facilities and other elements of required utilities and infrastructure.
The Planning Board shall solicit comments, reports, memoranda
and/or testimony from the Department of Public Works, Board of Health,
Fire Department, Conservation Commission and other local boards or
officials as may be necessary. The Planning Board may request that
the applicant meet with such departmental staff prior to the close
of any special permit hearing hereunder.
