[Amended 5-16-2023 ATM by Art. 33]
There is established a continuing care retirement center (CCRC) as a permitted use under the special permit provision of this bylaw. Such permitted use may only be authorized in existing Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may include land which is in the Residence 1 District, provided that no development shall be permitted in the Residence 1 portion of a CCRC parcel in excess of 10% of the lot areas of the Residence 1 portion within such CCRC parcel. The authorization will empower the Planning Board to review and approve a definitive plan under the special permit provisions in § 195-10.7 and as otherwise provided for in this Article 13.A CCRC shall include a nursing home care facility and congregate housing units and may also include independent dwelling units and assisted living units. Should an applicant propose a second CCRC, the second CCRC may include any or all of the foregoing housing types, but need not contain a nursing home care facility or congregate housing units on the lot of the second CCRC, provided that the second CCRC and all housing types on the lot are affiliated with its existing nursing home care facility in the Town of North Andover.
The purpose of the CCRC is to provide for the development and
use of specialized housing and nursing care for the elderly on the
basis of the Town Meeting's authorization to the Planning Board to
issue a special permit in the permitted districts with greater flexibility
from the pattern otherwise permitted in such districts. It is intended
to create health care, including home health care, housing and other
supportive services designed to meet the needs of the elderly population
and to enable that population to live independently. It is further
intended to encourage the preservation of open spaces; to allow for
new nursing care facilities and housing that causes relatively little
demand on Town services; and to preserve the Town's residential character.
In creating an alternative to existing nursing and housing possibilities
for the elderly, the CCRC is intended to allow for a greater mixture
of buildings, structures and uses with regard to density than is otherwise
permitted, thereby allowing for the nursing care of the elderly and
the relief of the physical, economic and emotional stress associated
with the maintenance and care of traditional nursing home and residential
properties.
As used in this article, the following terms shall have the
meanings indicated:
Dwelling units for elderly individuals or couples in need
of assistance with activities of daily living. Such dwelling units
may not include facilities for cooking or eating.
Dwelling units providing private or communal living for elderly
persons who ordinarily are ambulatory and require no or limited medical
attention or supervision. Such dwelling units shall consist of a room
or group of rooms forming a habitable unit for one, two, or three
persons, with facilities used, or intended to be used, for living,
bathing, cooking, eating and sleeping.
A single person who is 62 years of age or older; or two or
more persons sharing a household, the older of whom is 62 years of
age or older.
Medical and therapeutic services provided to residents in
their dwelling units.
Dwelling units similar in character and use to congregate
housing units and providing elderly residents of such units with access
to all supportive services provided in congregate housing units. Independent
dwelling units may only consist of freestanding buildings which contain
up to five dwelling units per structure.
A facility for the care of elderly persons requiring regular
attention by medical or nursing personnel for reasons of age, ill
health or physical incapacity and which has been licensed as a long-term
care facility by the Massachusetts Department of Public Health.
[Amended 5-16-2023 ATM by Art. 33]
Any area within a parcel of land in a CCRC falling within
the definition contained in Chapter 131 of the General Laws of Massachusetts
as amended from time to time, or any regulations promulgated pursuant
to said chapter.
A.
Principal uses. The following uses shall be permitted in a CCRC:
(1)
Nursing care facilities;
(2)
Congregate housing units;
(3)
Independent dwelling units;
(4)
Assisted living units;
(5)
Home health care;
(6)
Facilities for supportive services, including, but not limited
to, medical, rehabilitative, recreational, social and nutritional
programs, dining and function rooms, kitchen facilities and laundry
facilities. These and others shall be designed for the primary use
of residents. Such supportive services may not be designed or used
as a general business for the larger community of North Andover and
environs;
(7)
Any other use deemed reasonably necessary or ancillary by the
Planning Board to facilitate the uses described above, meaning and
intending to permit those services and programs customarily offered
in a CCRC.
A.
Minimum lot size. A CCRC shall be permitted only within a single
lot containing a total area of not less than 25 acres. Existing public
or private ways need not constitute boundaries of the lot, but the
area within such ways shall not be counted in determining minimum
lot size. As used in this Article 13, "parcel" and "lot" shall have
the same meaning.
B.
Permissible density. Unless in compliance with the bonus density provisions of § 195-13.6, the dwelling unit density shall not exceed an average of four units per acre in a parcel which is located within the Residence 1 District or Residence 2 District and five units per acre in a parcel which is located within the Village Residential District exclusive of the nursing care facility. When a parcel is located in a combined portion of either the Residence 2 and Residence 1 Districts or the Village Residential and Residence 1 Districts, a density factor of two units per acre shall be applicable to the portion in the Residence 1 District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in excess of 10% of the lots area in that portion of the CCRC parcel located in the Residence 1 District nor shall any development in a Residence 2 or Village Residential District adversely impact the Residence 1 District. For parcels which are located in a combined portion of the Residence 1 or Residence 2 Districts and the Village Residential Districts, the permissible density for each district shall be applicable. Also, in no event shall the total number of independent dwelling units exceed 15% of the total number of dwelling units otherwise allowed in any CCRC parcel. Further, in no instance shall the floor area ratio of the entire project exceed 0.25, nor shall the total number of dwelling units exceed 300 for any parcel regardless of total acreage or density bonuses provided under § 195-13.6.
C.
Maximum lot coverage. In no event shall the maximum lot coverage
of buildings and structures exceed 25%.
D.
Dimensional requirements.
(1)
Perimeter setback. The setback area is intended to provide a
perimeter greenbelt around the CCRC, except for road and utility crossings.
No building or other structure shall be located within 100 feet of
perimeter lines of the CCRC parcel. Common open space lying within
a setback area shall qualify as fulfilling this requirement. A perimeter
landscaping plan shall be submitted to the Planning Board for its
approval, provided that nothing shall prevent the construction of
walls and fences. The Planning Board may authorize or require landscaping
in the Residence 1 District if it is consistent with the objective
of screening the CCRC from existing or potential residential development.
(2)
Minimum frontage. Frontage on any public street or way shall
be 150 feet, except on Route 114 where, for reasons of public safety,
the minimum frontage shall be 250 feet.
(3)
Maximum height. The height of any structure shall not exceed
three stories and in no event more than 35 feet, excluding bulkheads,
chimneys, flagpoles, mechanical penthouses, and similar traditional
roof appurtenances. Further, the Planning Board may exempt ornamental
or nonhabitable architectural features added for aesthetic purposes.
E.
Common open space. Land within the CCRC parcel or lot which is not
specifically reserved for the support of the CCRC facilities and which
is not covered by buildings, roads, driveways, parking areas, or service
areas which is not set aside as private yards, patios or gardens for
residents shall be common open space. Further, all common open space
shall be open and unobstructed to the sky; flagpoles, sculptures,
benches, swimming pools, tennis courts, atriums, trees and similar
objects shall not be considered obstructions. The area of common open
space shall equal at least 50% of the total area of the CCRC parcel
or lot, and no more than 25% of the minimum required common open space
shall be situated within wetlands. The common open space shall have
a shape, dimension, character and location suitable to enable its
enjoyment and use for conservation, recreation and agriculture purposes
by the residents of the CCRC. Further a permanent conservation restriction
of the type described in MGL c. 184, § 31 (including future
amendments thereto and corresponding provisions in future laws), running
to or enforceable by the Town, shall be recorded with respect to the
common open space. Such restrictions shall provide that the common
open space shall be retained in perpetuity for one or more of the
following uses: conservation, recreation or agriculture. Such restriction
shall be in a form and substance as the Planning Board shall prescribe,
including the management of said conservation restriction by the Town
Conservation Commission, Trustees of Reservations, Essex County Greenbelt
Association or other agency or body, all as subject to the approval
of the Planning Board.
F.
Parking.
(1)
The minimum number of parking spaces provided in connection with
the uses permitted under this article shall be as follows:
(2)
The Planning Board shall have the discretion to waive the applicant's
compliance with these parking requirements, provided that the applicant's
plans demonstrate the capacity to fully comply with all other requirements
of Article 13.
G.
Public safety. The Planning Board shall require all CCRC applications
to include statements, drawings and/or plans indicating that all applicable
public safety devices (including fire safety and suppression devices)
have been provided as required by law. Further, in recognition of
the unique requirements of the elderly for protection against the
hazards due to fire, applicants are advised to incorporate sprinkler
systems in accordance with provisions of the National Fire Protection
Association (NFPA 13D).
H.
Public sewer. All CCRC projects shall be connected to the public
sewer system. The North Andover Department of Public Works shall review
all proposed sewering plans and report to the Planning Board as to
their adequacy.
A.
Affordable housing. For all CCRCs, the total number of allowable
dwelling units may be increased up to 50%, if the applicant designates
at least 10% of the total number of units for use as affordable housing
units. Such units may be rented, sold or otherwise provided to elderly
persons qualified to receive federal or state rental assistance or
subsidies for reducing mortgage payments in accordance with income
and asset limitations established by the authorizing state or federal
agency. The applicant may choose to meet affordable housing requirements
directly by utilizing similar income and asset standards and establishing
rents, sales prices or entry fees for units which are determined to
be generally consistent with those established under the various subsidy
programs. For this purpose, the Planning Board, in consultation with
the Housing Authority, may establish the rent, carrying charge, maintenance
fee, sales price or entry fee in order to meet the requirements for
affordable housing. Such units shall be maintained as affordable housing
units for the life of the CCRC development. In the event that the
applicant is unable to meet its obligations in the manner prescribed
above, or as an alternative program, the Planning Board may allow
the applicant to contribute funds, in lieu of housing units, to the
Town, Housing Authority or any public or nonprofit agency which is
authorized to develop or support affordable housing for the elderly.
The rate of contribution shall be $2 per square foot of gross floor
area of all buildings and structures, exclusive of pools and parking.
The granting of this density bonus shall not exempt the applicant
from meeting any of the other requirements of this or other referenced
sections of the bylaw.
B.
Open space. The total number of allowable dwelling units may be increased
by 15% if the proposed CCRC provides 75% usable open space consistent
with the definition of "open space" in this article. The granting
of this bonus density shall not exempt the applicant from meeting
any of the other requirements of this or other referenced sections
of the bylaw.
A.
Facilities proposed to be built in a CCRC shall be subject to the
following procedures:
(1)
The applicant shall be required to meet with the Planning Board
to discuss the following: the provisions of Article 13 and other referenced
sections; the elements of the proposed development; and the requirements
and specific provisions of the preliminary site plan. The applicant
shall submit a preliminary site plan to the Planning Board for its
review and recommendations.
(2)
The applicant will be required to submit a "definitive plan" in accordance with the applicable provisions of § 195-11.3. The Planning Board may issue a special permit if it determines that all of the applicable requirements for the CCRC have been met and the definitive plan is generally consistent with the preliminary site plan.
C.
Density bonus limitations. The use of all density bonuses provided
herein may not exceed 50%.
