A. 
Submission.
(1) 
Applicants for an SHC are required to submit a concept plan of an SHC to the Planning Board. The purpose of such review is to ensure complete knowledge of applicable rules and regulations, zoning provisions and other laws affecting the SHC to ensure that an adequate plan is submitted, to familiarize the Board and the community with the proposed development, and to save time in preparation of final plans.
(2) 
Twelve copies of the concept plan along with the properly executed application form and fee(s) shall be submitted to the Board during regularly scheduled office hours. The Planning Board shall distribute the extra copies of the plan to other Town boards and commissions for their review and comment.
B. 
Contents. A concept plan shall include the following information and such additional information as the Planning Board may require:
(1) 
Site rationale. Statement, including how the proposed SHC is compatible with the objectives of § 300-7.4, Senior housing communities, of the Zoning Bylaw. This should include an assessment of the alternatives explored by the applicant and the reasons for proceeding with an SHC.
(2) 
Site analysis. Map and description indicating the location of the proposed site; total acreage; estimate of the total acreage of wetlands; topography at two-foot contour intervals where buildings are proposed and five-foot contour intervals for open land; floodplain boundaries, flowing streams, drainageways, ponds, surface water bodies; existing perimeter of trees, significant individual trees and tree masses; description of sensitive environmental areas; general description of soils and percolation capabilities; existing buildings, roads, trails; productive agricultural land; open vistas; sites and structures of historical importance; and other natural features.
(3) 
Development. A site plan showing the proposed development of the property as an SHC, including buildings, roads, driveways, recreational areas, common land, open space areas, stormwater management areas, wastewater disposal areas and any other construction relative thereto. This plan can be overlaid on the site information plan to illustrate placement of structures in relation to the existing topography and other natural features.
(4) 
Building data. Statement of the number of proposed dwelling units; type of construction and construction materials; height of buildings; and length, width and location of roadways.
(5) 
Site context. Locus map of the development site, showing all proposed streets in the development in relation to existing surrounding streets sufficient to readily orient the development location within the Town. Names and addresses of all property owners (from the most recent tax lists) within 300 feet of the perimeter of the SHC site.
(6) 
Information on applicant. Information shall be supplied as to the qualification, experience and financial resources of the applicant sufficient to construct and complete the proposed SHC.
C. 
Planning Board review and action.
(1) 
Upon receipt of a preapplication for an SHC, the Planning Board shall transmit forthwith a copy of the application and such portions of the accompanying data and plans as the Planning Board deems appropriate to the Board of Selectmen, Board of Health, Conservation Commission, Recreation Commission, Building Commissioner, Fire and EMS Department, Director of Public Works or his/her designee, and Police Department for their review and comments.
[Amended 6-22-2021]
(2) 
Within 60 days after the close of the discussion with the Planning Board, the Planning Board shall advise the applicant of the Board's approval or disapproval of the proposed concept of the SHC and shall specify the respects, if any, in which it disapproves.
A. 
Submission. Each application for a special permit for an SHC shall include a development plan comprising all information contained in any concept development plan theretofore submitted and all other requirements enumerated below. Twelve copies of the development plan, along with the properly executed application form and fee(s), shall be submitted to the Board during regularly scheduled office hours. The extra copies of the plan shall be distributed by the Planning Board to other Town boards and commissions for their review.
B. 
Plan contents. A development plan shall contain all of the data, documents and plans required for a concept development plan in the preceding § 306-15B, and also such information as the Planning Board shall deem it necessary to require. The plan or plans shall contain the following:
(1) 
The name of the record owner(s) of the land, the name of the applicant, the name of the registered landscape architect, the name of the registered architectural architect, the name of the registered professional engineer, and the name of the land surveyor who made the plan(s).
(2) 
A existing conditions plan (at a scale of not less than one inch equals 100 feet) showing topography, soil types, watercourses, wetlands and 100-year floodplains, existing streets, all known easements, and structures within and on parcels contiguous to the tract.
(3) 
A overall land use plan (at a scale of not less than one inch equals 100 feet) showing the location, ownership, and use of the proposed common land, the extent of open space, the area of residential use, the maximum number of residential units proposed, and the maximum number of bedrooms, any amenity or recreation area serving the residential uses, and the general layout of all roads and accessways. The overall land use plan shall include a tabulation indicating the total area, upland area, wetlands area, open space area, common land area, all impervious area to be created in the senior housing community and the respective percentage of each area for the entire tract.
(4) 
A layout plan for the proposed senior housing community (at a scale of not less than one inch equals 100 feet), showing the intended location of each residential building, accessory structure and facility, the intended location of all roads and accessways, curb cuts, driveways and approximate finished grades, the proposed location of all recreational areas, proposed improvements and structures on the common land, and methods for providing water and sewerage facilities.
(5) 
A plan or plans showing the proposed grading of the tract and the proposed location, dimensions, materials and type of construction of streets, common drives, parking areas, walks, paved areas, utilities, emergency accessways, easements, and the location and outline of all proposed buildings and structures, including but not limited to dwellings, garages, and any accessory structures thereto. If the proposed senior housing community is to be constructed in separate phases, this plan or plans shall clearly indicate the construction phases proposed.
(6) 
A plan or plans showing the proposed use of common land (whether public or private), including all improvements intended to be constructed thereon.
(7) 
A plan or plans showing in a general way existing vegetation (at a scale of one inch equals 100 feet) and detailed landscaping and planting plans (at a scale of one inch equals 100 feet) for all areas to be disturbed and buffer areas.
(8) 
A perspective plan or plans showing the proposed architecture of the buildings/structures by type, and such plan(s) shall include a tabulation of proposed buildings/structures by type (i.e., number of units per building, and number of bedrooms per unit).
(9) 
Copies of all instruments to be recorded with the senior housing community special permit, including the proposed deed(s) for the common land, dispositions of open space, the articles of organization and bylaws of any corporation or trust to be organized to own the land and the language of all restrictions to be imposed on the land.
(10) 
A management plan for common land to be incorporated in the deed covenants to be executed with purchases of land or other interests in the senior housing community.
C. 
Additional contents. In addition to the plan contents specified above, the applicant shall submit the following in such detail as the Planning Board shall deem it necessary or appropriate to require:
(1) 
Development impact statement. At the discretion of the SPGA, the submittal of a development impact statement (DIS) may be required at the expense of the applicant. The SPGA may deny a special permit where the DIS discloses that the proposed use does not comply with the provisions of this bylaw, or would be detrimental to the Town or its citizens. The DIS shall be prepared by an interdisciplinary team, including a registered landscape architect or architect, a registered civil engineer, registered surveyor, and a land planner, and may include all or some of the following information:
(2) 
Physical environment.
(a) 
Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, archaeological, scenic and historical features or structures, locations of significant viewpoints, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.
(b) 
Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.
(3) 
Surface water and subsurface conditions.
(a) 
Describe locations, extent, and types of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.
(b) 
Describe any proposed alterations of shorelines or wetlands.
(c) 
Describe any limitations imposed on the project by the site's soil and water conditions.
(d) 
Describe the impact upon groundwater and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the site.
(4) 
Vehicle circulation system.
(a) 
Project the number of motor vehicles to enter or depart the site per average day and during peak hours. Also state the number of motor vehicles to use streets adjacent to the site per average day and during peak hours. Such data shall be sufficient to enable the SPGA to evaluate:
[1] 
Existing traffic on streets adjacent to or approaching the site;
[2] 
Traffic generated or resulting from the site; and
[3] 
The impact of such additional traffic on all ways within and providing access to the site.
(b) 
Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study shall be attached to the DIS.
(5) 
Support systems.
(a) 
Water distribution. Discuss the water system proposed for the site, means of providing water for firefighting, and any problems unique to the site.
(b) 
Sewage disposal. Discuss the sewer system to be used, and evaluate impact of sewage disposal on the wastewater treatment facility.
(c) 
Refuse disposal. Discuss the location and types of facilities, the impact on existing Town refuse disposal capacity, and hazardous materials requiring special precautions.
(d) 
Protection service. Discuss the distance to the fire station, police station, and emergency medical service, and the adequacy of existing equipment and manpower to service the proposed site.
(e) 
Recreation. Discuss the distance to and type of public facilities to be used by the residents of the proposed site, and the type of private recreation facilities to be provided on the site.
(6) 
Construction. Statement of hours of construction and information as to means of minimizing construction-related disturbances.
(a) 
Describe the method to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiled. Describe the approximate size and location of portion of the parcel to be cleared at any given time and the length of time of exposure.
(b) 
Describe any required public improvements and how such improvements are to be integrated into site development.
(c) 
All construction shall be completed within a two-year period.
(7) 
All such other documents, information, data and plans as may be required in accordance with § 300-7.4 of the Zoning Bylaw.
A. 
Special permit review.
(1) 
Upon receipt of an application for a special permit for an SHC, the Planning Board shall transmit forthwith a copy of the application and such portions of the accompanying data and plans as the Planning Board deems appropriate to the Board of Selectmen, Board of Health, Conservation Commission, Recreation Commission, Building Commissioner, Fire and EMS Department, Police Department, and Director of Public Works or his/her designee. If any such board or agency shall not make a written recommendation or submit a written report to the Planning Board within 45 days of receipt of the application, such board or agency shall be deemed to have no opposition to the issuance of a special permit for an SHC.
[Amended 6-22-2021]
(2) 
The Planning Board shall comply with all applicable requirements of Chapter 40A of the General Laws with respect to public hearing and notice. Public hearing on the application shall be held within 65 days after the filing thereof, and the decision of the Planning Board shall be made within 90 days after the close of the public hearing.
(3) 
In order to implement a special permit for an SHC and to assure compliance therewith, the Planning Board shall in the special permit set forth requirements and conditions that before a building permit is issued for any buildings in any stage or phase of the SHC:
(a) 
The applicant shall have submitted to the Planning Board detailed plans showing the locations, designs and layouts of such buildings and all driveways and accessory structures included in such stage or phase;
(b) 
The applicant shall have provided security by covenant, cash or other means satisfactory to the Planning Board, securing the construction, roadways and installation of driveways, utilities and related services;
(c) 
The Planning Board shall have determined that the detailed plans are in substantial conformity with the conceptual plans approved in the special permit; and
(d) 
The Planning Board shall have so notified the Building Commissioner, and the Planning Board may in a special permit for an SHC set forth further requirements and conditions as the Board shall deem appropriate to accomplish the purposes of this bylaw, including requirements of recording of plans and documents and report thereof to the Board.
B. 
Approval, approval with modifications or disapproval. Within 90 days after the close of the public hearing, the Planning Board shall take final action thereon. It may approve, modify and approve or disapprove said special permit, as provided by statute.
(1) 
The action of the Board in respect to said special permit shall require a concurring vote of four of the five members of the Board in order to grant said permit. Only those members of the Board who were in attendance at the public hearing may vote on the application in question. The Board shall cause a detailed record to be made of its proceedings, showing the vote and setting forth clearly the reason or reasons for its decision and for its other official actions.
(2) 
The period within which final action shall be taken may be extended for a defined period by mutual written consent of the Board and the applicant, to be filed with the Town Clerk. In the event that the Board determines that the plans and evidence included with the application or presented to it at the public hearing are inadequate to permit the Board to make a finding and determination, instead of denying the application, it may (at its discretion) adjourn the hearing to a later date to permit the applicant to submit additional information and further evidence to the Board.
(3) 
The Board shall file a copy of its decision with the Town Clerk and send a copy of its decision to the applicant.
(4) 
The applicant shall be responsible for recording the decision with the deed to the property, and shall submit to the Board evidence of recording prior to issuance of a building permit or the start of any work. The permit is not effective unless recorded with the Worcester Registry of Deeds, Worcester, Massachusetts.
C. 
Subsequent Planning Board action. Prior to notification to the Building Commissioner that a building permit may be issued for any stage or phase of an SHC, the Planning Board shall first determine compliance with the following requirements:
(1) 
The applicant has submitted to the Planning Board detailed plans showing the locations, designs and layouts of the roads, buildings, driveways and accessory structures included in such stage or phase.
(2) 
The Planning Board has determined that the detailed plans are in substantial conformity with the conceptual plans approved in the special permit.
(3) 
The applicant has provided security by covenant or cash or other means satisfactory to the Board in form and amount securing construction and installation of driveways, utilities and related services. The applicant may elect either covenant or bond; however, the use of any other form of security is entirely within the Planning Board's discretion.
(4) 
Recorded copies of all legal documents, including the plan, Planning Board decision, covenant, master deed, condominium association documents, deed restrictions and easements, have been submitted to the Planning Board.
(5) 
A marketing plan satisfactory to the Board has been submitted, complying with the purposes of § 306-12, Marketing plan; local preference, of these regulations.
(6) 
Less than two years have expired since the grant of the special permit or grant of a building permit that has previously been granted for said site.
D. 
Withdrawal of petition. Any application for a permit submitted hereunder may be withdrawn without prejudice by notice, in writing, to the Board prior to the first publication of notice of a public hearing. Withdrawal of any application thereafter requires Board approval.
E. 
Limitation on approval or extension.
(1) 
In the case where an application for a permit is granted by the Planning Board, all other permits for the execution of the work shall be obtained and substantial use thereof shall be commenced, except for good cause, or construction begun, except for good cause, within two years from the date of filing of the Board's decision in the office of the Town Clerk.
(2) 
The granting of a permit constitutes approval only under the pertinent sections of the Town of Upton Zoning Bylaw. Other permits or approvals required by the bylaw and other governmental boards, agencies or bodies having jurisdiction, such as the Board of Health, Department of Public Works, and Conservation Commission, shall not be assumed or implied. The Board may condition, as appropriate, any permit hereunder on compliance with the requirements of these other governmental bodies prior to the start of any work on the site, the issuance of a building permit or any other appropriate step in the development process.
[Amended 6-22-2021]
F. 
Repetitive petition.
(1) 
Pursuant to MGL c. 40A, § 16, no application which has been unfavorably and finally acted upon by the Board shall be acted favorably upon within two years after the date of final unfavorable action unless:
[Amended 6-22-2021]
(a) 
The Board finds by a two-thirds vote specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the records of its proceeding; and
(b) 
All but one member of the Board consents to the consideration of the matter.
(2) 
Notice to parties in interest shall be given of the time and place of the proceeding at which the questions on consent will be considered.