The Planning Board shall grant a permit for an SHC only if it shall find that:
A. 
The SHC complies with the objectives of an SHC as stated in § 300-7.4, Senior housing communities, of the Zoning Bylaw;
B. 
The SHC is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district;
C. 
Adequate and appropriate facilities will be provided for the proper operation of the SHC;
D. 
The SHC use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials or other visual nuisances;
E. 
The SHC use would not cause undue traffic congestion in the immediate area;
F. 
The SHC responds to the recommendations of the Town boards and agencies; and
G. 
The granting of the special permit would not result in unsuitable development of the land in question.
The Planning Board will not approve or modify and approve any plan unless all buildings, structures and lots shown on said plan comply with the Zoning Bylaw of the Town of Upton, or unless a variance from the terms thereof has been properly granted.
Compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the objectives of these regulations and § 300-7.4, Senior housing communities, of the Zoning Bylaw. In waiving strict compliance, the Planning Board may require such alternative conditions as will serve substantially the same objective as the standards or regulations waived. The applicant in writing to the Planning Board shall request all waivers.
Any application for modification to an approved development under these regulations shall be reviewed by the Planning Board to determine the extent of modification and its impact on the surrounding neighborhoods, adjacent properties, the environment and any other consideration deemed appropriate, and in its opinion the Planning Board shall determine whether the modification requires a new public hearing or can be decided by a vote of the Board. In all cases, the applicant shall file an application for modification with the Board and the request shall be discussed at a regularly scheduled meeting of the Board.
Whenever the fee or any lesser interest in land is offered to the Town under these rules and regulations, conveyance of the same shall be by a deed granting good and clear record and marketable title thereto subject only to such exceptions as the Planning Board may approve. Further, at least 10 days before such conveyance, the party offered such interest shall, at its expense, deliver to the Planning Board an opinion of counsel certifying that title is of the quality required herein, which opinion shall be updated and confirmed to the time of conveyance.
Marketing of units in senior housing communities shall comply with all fair housing laws and shall include, to the extent legally allowable, a strategy for marketing units to Upton residents, their immediate families, Town of Upton employees and their immediate families. The marketing plan shall further demonstrate a strategy for occupying all constructed units within a finite time period.
[Amended 6-22-2021]
If any section, paragraph, sentence, clause, or provision of these regulations shall be adjudged not valid, the adjudication shall apply only to the material so adjudged and the remainder of these regulations shall be deemed valid and effective. These regulations or any portion thereof may be amended, supplemented or repealed from time to time by the Planning Board by its own motion after a public hearing.