As used in these regulations, the following terms shall have the meanings indicated:
APPLICANT
The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the planned development site proposed, or have authority from the owner(s) to act for him or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.
APPLICATION
A duly submitted, signed and completed request for a special permit under § 300-7.4, Senior housing communities, of the Zoning Bylaw of the Town of Upton filed with the development plan and all required forms, fees and information in accordance with the Zoning Bylaw and these regulations.
ASSISTED LIVING FACILITY
Includes the provisions of services geared to an aging adult population which may have difficulty functioning independently and may require oversight, including but not limited to the provisions of a full meal plan, transportation services, personal care and assistance with medication.
ATTACHED DWELLING UNIT
A dwelling unit that has at least one exterior wall in common with another unit.
BUILDABLE LOT
An area of land meeting the minimum lot area and frontage requirements, and which contains suitable soils for subsurface sewage disposal in accordance with the rules and regulations of the Town of Upton and applicable laws of the Commonwealth of Massachusetts.
COMMON LAND
"Common land" shall be an area of land owned and maintained by a homeowners' association and used solely for recreational, conservation, agriculture or forestry purpose by residents of the development and/or the public.
CONGREGATE SENIOR HOUSING
Private dwelling units/apartments which may have kitchen facilities within a complex containing central dining and other common areas and is designed for an adult population requiring some supportive services, including but not limited to meals, housekeeping, home health and other supportive services.
DWELLING UNIT
One or more living or sleeping rooms arranged for the use of one or more individuals living as a single housekeeping unit with individual or congregate cooking, living, and sanitary facilities, excluding mobile homes and trailers. The intent of this definition is to define a "home" with private sleeping rooms rather than a dormitory arrangement of sleeping quarters.
IMPERVIOUS SURFACE
A surface area in which water is not allowed an entrance, which includes but is not limited to building footprints, roadways, driveways and parking lots, etc.
INDEPENDENT SENIOR HOUSING
Private residential dwelling units, individually equipped with a minimum of a kitchen, bedroom, bathroom and living area. Geared toward independently functioning adults, this housing typically does not offer on-site supportive services but is designed to be barrier free and should include emergency call features complemented by housing management and facility maintenance services.
OPEN SPACE
"Open space" shall be an area of undeveloped land used solely for conservation and is permanently protected from development by a permanent conservation restriction in accordance with MGL c. 184, § 31. Open space shall not contain any common land.
RESTORATIVE CARE/SKILLED NURSING FACILITY
Includes the provision of service for long-term nursing, convalescent or rehabilitative care; supervision and care incident to advanced age; retirement home care for elderly persons.
SENIOR HOUSING COMMUNITY
A multifamily residential land use consisting of a multiple dwelling unit(s) on one single contiguous parcel, with the intent that at least one resident of each dwelling unit be 55 years of age or older. For the purpose of § 300-7.4 of the Zoning Bylaw, housing units are intended for occupancy by persons 55 years of age or older within the meaning of MGL c. 151B, §§ 4 to 6, and shall comply with the provisions set forth in 42 U.S.C. § 3601.
[Amended 6-22-2021]
SHALL
Indicates a mandatory requirement.
SHOULD
Indicates a recommendation or that which is advised but not necessarily required.
SPGA
Special permit granting authority.
STAGES (or PHASES) OF DEVELOPMENT
The work to be done and the number of structures to be built within any of the time limits approved by the Planning Board in a development schedule, including dates.
[Amended 6-22-2021]
Forms to be used in connection with an SHC are available from the Planning Board agent or the Town Clerk.
A. 
All costs incurred by the Town of Upton to administer the requirements of the Massachusetts General Laws, the Zoning Bylaw, the Rules and Regulations Governing the Subdivision of Land, these regulations and other applicable rules and regulations of the Planning Board and other boards and commissions or departments of the Town of Upton in connection with an application for a special permit for an SHC shall be borne by the applicant for the special permit.
B. 
Application fees.
(1) 
Concept plan. A design review escrow deposit of $1,000, plus $50 per dwelling unit, shall be paid at the time of filing an application for an SHC. A nonrefundable filing fee of $25 per proposed dwelling unit shall be paid at the time of filing an application for an SHC. Such deposits shall be submitted in check(s) form only (no cash will be accepted), such check(s) made payable to the Town of Upton. If, prior to Planning Board action on the special permit application, the Board finds that the amount on deposit, as prescribed above, is not sufficient to cover the actual costs incurred, the applicant shall be required to submit forthwith the additional amount deemed necessary to cover such costs. Failure to do so shall be deemed reason for disapproval of said application by the Board. The Board shall notify the applicant of such required amount, in writing, by certified mail. Failure to submit such additional amount as required by the Board within seven days of receipt of said notice shall be deemed reason by the Board to disapprove said application. If the actual costs incurred by the Town for design review of said application are less than the amount on deposit as specified above, the Board shall authorize that such excess amount be refunded to the applicant.
(2) 
Development plan. A design review escrow deposit of $5,000, plus $100 per dwelling unit, shall be paid at the time of filing an application for an SHC. A nonrefundable filing fee of $150 per proposed dwelling unit shall be paid at the time of filing an application for an SHC. Such deposits shall be submitted in check(s) form only (no cash will be accepted), such check(s) made payable to the Town of Upton. If, prior to Planning Board action on the special permit application, the Board finds that the amount on deposit, as prescribed above, is not sufficient to cover the actual costs incurred, the applicant shall be required to submit forthwith the additional amount deemed necessary to cover such costs. Failure to do so shall be deemed reason for disapproval of said application by the Board. The Board shall notify the applicant of such required amount, in writing, by certified mail. Failure to submit such additional amount as required by the Board within seven days of receipt of said notice shall be deemed reason by the Board to disapprove said application. If the actual costs incurred by the Town for design review of said application are less than the amount on deposit as specified above, the Board shall authorize that such excess amount be refunded to the applicant.