The purpose of an independent elderly housing special permit
is to provide an alternative and supplement to the traditional forms
of elderly housing promoted by the Town. It is further intended to
encourage the preservation of open space; and to preserve the Town's
residential character.
Independent elderly housing is a multifamily residential structure,
each dwelling unit with separate access; restricted to individuals
and couples 55 years of age and older, but not excluding physically
or mentally handicapped individuals.
Single, duplex and multifamily residential structures.
A.
Minimum lot size: a single lot of at least 10 acres.
B.
Permissible density: four dwelling units per acre, with no more than 89 dwelling units in any one independent elderly housing development, or not more than 100 in the event of compliance with the provisions of § 195-14.6, Density bonus, below; and in no instance shall the maximum FAR exceed 0.20.
C.
Maximum lot coverage. In no event shall the maximum lot coverage
of buildings exceed 25%.
D.
Setbacks.
(1)
Perimeter setback. The setback area is intended to provide a
perimeter greenbelt around any independent elderly housing development,
except for roads and utility crossings. No building or other structure
shall be located within 100 feet of the perimeter lot lines of an
independent elderly housing development.
(2)
Minimum frontage. Frontage on any public street or way shall
be 150 feet, except Route 114 where, for reasons of public safety,
it shall be 250 feet.
(3)
Maximum height. The height of any structure shall conform to
the height requirements of the R-3 District.
E.
Common open space. All land within the parcel or lot which is not
specifically reserved for the support of dwelling units and which
is not covered by buildings, roads, driveways, parking areas or service
areas, or 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 parcel or
lot, and not 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. 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 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: two off-street parking spaces per dwelling unit.
G.
Public sewer. All 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.
H.
Approval. Facilities and/or units proposed to be built as independent
elderly housing shall be subject to the following procedures:
(1)
The applicant shall be required to meet with the Planning Board to discuss the provisions of Article 14 and the referenced section, 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 independent elderly housing have been met and the definitive plan is generally consistent with the preliminary site plan.
A.
Affordable housing. For all independent elderly housing, the total
number of allowable dwelling units may be increased by 25% if the
applicant designates at least 10% of the total number of units for
use as affordable elderly housing units. Such units may be rented,
sold or otherwise provided to elderly persons qualified to receive
federal or state rental assistance or subsides 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 price 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 independent elderly housing 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 elderly housing.
The rate of contribution shall be $2 per square foot of gross floor
area of all buildings and structures, exclusive of underground parking
or swimming pools. The granting of this density bonus shall not exempt
the applicant from meeting any of the other provisions of this or
other referenced sections of this bylaw.
