This article sets forth requirements for multiple attached dwelling
units, which may be constructed in the Town of Wrentham.
The Wrentham Housing Authority shall be exempt from the minimum lot size requirements of Article III and the area, width, front, side, rear yard setback requirements and the open space provisions of Article VI. The Housing Authority shall comply with all other zoning requirements and is limited to development in Zoning Districts R-30, R-43, R-87. Any development proposal by the Housing Authority shall be subject to site plan approval by the Planning Board under Article VII.[1]
[1]
Editor's Note: Former § 13.3, Low- or Moderate-Income
Housing, which immediately followed this section, was repealed 11-10-2008
STM.
[1]
Editor's Note: Former § 390-13.3, Row houses, was
repealed 11-21-2022 STM by Art. 9.
Subject to a special permit issued by the Board of Appeals under Article IX, a single detached dwelling unit may be converted to a double attached dwelling unit so long as the exterior of the building is not altered in any significant manner and the conversion does not create or contribute to a condition which detracts from the character of the neighborhood.
[Amended 6-3-2019 ATM]
A.
Purpose. The purposes of this section are:
(1)
To provide for housing options for a maturing population that
reduce maintenance costs and are more affordable than traditional
single-family dwellings;
(2)
To provide a mechanism for development of a range of housing
types and facilities that are responsive to the sociocultural, health
care, and recreational needs of senior residents;
(3)
To provide for a type of housing development that reduces the
demands on municipal services by maximizing energy efficiency, renewable
energy opportunities and a cluster design;
(4)
To promote development that is in harmony with the Town's natural
features and resources, its historic and traditional landscapes, the
existing and probable future use of adjacent land, and the general
intent of the Zoning Bylaw; and
(5)
To establish flexible residential development standards and
procedures that will support these objectives.
B.
Applicability.
(1)
A senior living community shall be permitted in all districts as noted in § 390-4.2, Use Regulation Schedule,[1] only upon issuance of a special permit and site plan approval from the Planning Board as specified in Article VII and Article IX of this bylaw, and in accordance with the additional requirements specified herein:
(a)
Minimum tract size: a tract of land consisting of not less than
20 acres.
(b)
Minimum of 100 feet of contiguous frontage on a public way.
(c)
Public water available at the street frontage;
[1]
Editor's Note: See the Use Regulation Schedule included as an attachment to this chapter.
(2)
A senior living community is intended for people age 55 or over
within the meaning as defined in MGL c. 151B, § 4(6) and
42 U.S.C. § 3607(b)(2)(c). As such, buildings and site improvements
in a senior living community shall provide for "visitability" and
universal design in accordance with the provisions of this article.
C.
Uses.
(1)
In the R-43, R-87, C-1 or C-3 District, the Planning Board may
grant a special permit for a senior living community that includes
one or any of the following uses:
(a)
Single-family or cottage dwellings.
(b)
Duplex or triplex style dwellings.
(c)
Independent living units.
(d)
Assisted-living residence, with or without memory-care units.
(e)
Continuing-care retirement community, which shall include assisted
residence and one or more of the other uses listed above, and may
include a skilled nursing facility or physical rehabilitation facility
with no more than 100 beds.
(3)
An assisted-living residence or continuing-care retirement community
may include the following nonresidential uses primarily for the benefit
of residents and their guests, provided that aggregate floor area
for the nonresidential uses shall not exceed 10% of the total gross
floor area of the buildings in the development. These uses shall be
incidental and subordinate to the principal uses in the senior living
community.
D.
Basic requirements.
(1)
A senior living community (SLC) shall comply with the following
density regulations:
|
Use
|
Maximum Density
|
Maximum Building Height
(feet/stories)
|
|---|---|---|
|
Single-family, cottage-style dwellings
|
4 units/acre
|
28/2
|
|
Duplexes, triplexes
|
6 units/acre
|
28/2
|
|
Independent living units
|
16 unit/acre
|
40/4
|
|
Assisted-living residence
|
20 units/acre
|
40/4
|
(2)
Maximum building coverage shall not exceed 35% of the lot area
for new construction or expansion of existing structures.
(3)
For single-family, cottage dwellings, duplexes or triplex style
dwellings, the minimum setback shall be 30 feet from all property
lines in the residential districts, unless the Planning Board determines
that a reduced setback is necessary to achieve the purposes of this
section and will not have a detrimental impact on the neighborhood.
The minimum setback from all property lines for assisted-living residence,
independent living units, or any buildings in a continuing-care retirement
community shall be 50 feet in all districts, except that the minimum
setback shall be 100 feet from the side or rear lot line, as applicable,
abutting an existing single-family dwelling. Nothing in this section
shall preclude the Planning Board from reducing or waiving minimum
setback requirements between buildings to internal lots created within
the SLC.
(4)
No dwelling unit in a SLC shall have more than two bedrooms.
(5)
The minimum distance between buildings in any SLC shall be 15
feet.
(6)
The minimum common open space in the development shall be 30%
of the lot area, and not more than 25% of the required minimum common
open space shall consist of wetlands (as defined in MGL c. 131, § 40).
The upland open space shall be contiguous and usable by residents
of the development. For cottage, duplex or triplex style dwellings
there shall be at least 5,000 square feet of upland area per unit
in the SLC. A permanent conservation restriction running to or enforceable
by the Town shall be recorded for the common open space area and shall
include restrictions that the land be retained in perpetuity for conservation
or passive recreation.
(7)
All SLC dwelling units shall be subject to an age restriction
described in a deed, deed rider, restrictive covenant, or other document
approved by the Planning Board that shall be recorded at the Registry
of Deeds and/or Land Court. The age restriction shall limit occupancy
of dwelling units to at least one individual age 55 or over and their
spouse/partner and may provide for time-limited guest visitation rights
of not more than one month per year. The restriction, if the Planning
Board so approves and specifies in the special permit, may authorize
special exceptions that allow persons of all ages to live in a dwelling
unit together with a senior resident for purposes such as care of
a senior in ill health or enabling seniors to fulfill legal responsibilities
of guardianship or custody. The special permit including age restriction
shall run with the land in perpetuity and shall be enforceable by
the Town and/or any owner(s) of the SLC dwelling units. In the event
of the death of the qualifying owner or occupant(s) of a dwelling
unit, or foreclosure or other involuntary transfer of a unit within
the SLC, a one-year exemption to the restriction shall be allowed
for the transfer of the unit to another eligible occupant.
(8)
Minimum off-street parking requirements shall comply with § 390-6.4, except as modified by the following standards:
(a)
Single-family or cottage-style dwellings: two spaces per unit.
(b)
Independent living units: one space per unit.
(c)
Assisted-living residence: one space per two units.
(d)
Skilled nursing facility or physical rehabilitation center,
if included in a continuing-care retirement community: one space per
two beds.
(e)
Guest parking: one space per two units or three beds, as applicable.
(9)
All streets within an SLC shall be private, and all sewerage,
drainage facilities and utilities shall be designed and constructed
in compliance with the Town of Wrentham Subdivision Rules and Regulations,
except as modified by the following standards:
(10)
An SLC may have one freestanding sign at each principal access to the development from a public way, indicating the name and/or street address of the SLC. Such sign shall not exceed 12 square feet in area per side or four feet in height. The provisions of Article XVIII shall also apply to signage within the SLC.
(11)
An SLC shall have an amenity structure designed to allow for
a variety of passive and active recreational activities that support
the resident of the SLC. Such uses that may be considered are community
program spaces, fitness/therapeutic space, educational, recreational
and accessory space; areas for neighborhood meetings and event space;
and any other amenities and opportunities that are intended to create
and promote an integrated neighborhood-type environment.
E.
Affordable housing. In an effort to provide a diversity of housing
stock within the development and the Town of Wrentham, a developer
of a senior living community (SLC) project shall provide affordable
housing units (AHU). The following provisions shall not apply to assisted-living
residences, skilled nursing or physical rehabilitation facilities:
(1)
Ownership units. For projects containing homeownership units,
not less than 15% of the total housing units constructed in a project
shall be affordable.
[Amended 6-6-2022 ATM by Art. 14]
(2)
For projects containing rental units, not less than 25% of the
total housing units in any building containing rental units shall
be affordable.
(3)
For purposes of calculating the number of units of affordable
housing required within a project, any fractional unit of 0.5 or greater
shall be deemed to constitute a whole unit.
(4)
Affordable housing units shall be dispersed throughout the building(s)
in a development and shall be comparable to market housing units in
terms of location, quality and character, room size, and external
appearance.
(5)
The selection of qualified purchasers or qualified renters shall
be carried out under a marketing plan approved by the Planning Board
and shall comply with DHCD's Local Initiative Program guidelines.
The marketing plan must describe how the applicant will accommodate
local preference requirements, if any, established by the Select Board.
[Amended 11-21-2022 STM by Art. 3]
(6)
Developers may sell AHUs to the Town of Wrentham, the Wrentham
Housing Authority, or to any nonprofit housing development organization
that serves the Town of Wrentham, in order that such entity may carry
out the steps needed to market the AHUs and manage the choice of buyers.
(7)
Affordable housing units shall comply with the requirements
of Massachusetts Department of Housing and Community Development (DHCD)
to assure that the AHUs are eligible for listing on the Town's Chapter
40B Subsidized Housing Inventory, and affordability shall be assured
in perpetuity through the use of an affordable housing restriction
as defined in MGL c. 184, § 31.
(8)
The Planning Board may approve one or more of the following
methods for the provision of AHUs:
(a)
The AHUs may be constructed or rehabilitated on the locus of
the development.
(b)
The AHUs may be constructed or rehabilitated on a locus different
from that of the development. The Planning Board may allow a developer
of nonrental dwelling units to develop, construct or otherwise provide
AHUs reasonably equivalent to those required by this section in an
off-site location in the Town of Wrentham. All requirements that apply
to on-site provision of AHUs shall apply to the provision of off-site
AHUs. In addition, the location of the off-site AHUs shall be approved
by the Planning Board as an integral element of the development review
and approval process.
(c)
A donation of land may be made in lieu of providing AHUs. An
applicant may offer, and the Planning Board may accept, subject to
approval of the Select Board, donations of land in fee simple, on-
or off-site, that the Planning Board determines are suitable for the
construction of an equivalent number of AHUs. Land donated for this
purpose shall be subject to a restriction assuring its use for affordable
housing. Prior to accepting land as satisfaction of the requirements
of this section, the Planning Board may require the applicant to submit
an appraisal or other data relevant to the determination of suitability
for an equivalent number of AHUs.
[Amended 11-21-2022 STM by Art. 3]
(d)
An equivalent fee in lieu of units may be made. The Planning
Board may allow a developer of nonrental dwelling units to make a
cash payment to the Town through its Affordable Housing Trust for
each AHU required herein. The cash payment per unit shall be in accordance
with the following formula: two times an amount equal to 80% of area
median income as determined annually by the U.S. Department of Housing
and Urban Development.
F.
Optional incentive provisions. The SPGA may approve density bonuses
pursuant to one or more of the following provisions; provided, however,
that in no case shall the density bonus be greater than a 15% increase
in the number of bedrooms permitted in the applicable senior living
community.
(1)
Affordable option. A density bonus may be permitted when the proposed community provides affordable housing opportunities consistent with the most recent Wrentham Housing Production Plan. For each affordable housing unit provided under this section, four additional bedrooms may be permitted, subject to the 15% limitation expressed in this Subsection F. Affordable units shall be developed concurrently with the market-rate units in the development. Affordability shall be assured in perpetuity through the use of an affordable housing restriction as defined in MGL c. 184, § 31.
(2)
Recreational open space. A density bonus may be permitted when the proposed community provides for public access to recreation facilities and/or recreational fields within the community or when they are deeded to the municipality or open to public use, four additional bedrooms may be permitted subject to the 15% limitation expressed in this Subsection F. Recreational space that is open to public use shall be accessible from a public way, and adequate parking shall be provided to meet anticipated demand.
(3)
Open space option. A density bonus may be permitted when the proposed community provides additional open space. For every five acres of land that is donated to the municipality or land trust, four additional bedrooms may be permitted, subject to the 15% limitation expressed in this Subsection F. Land regulated by MGL c. 131, § 40 shall not be used to satisfy this optional incentive.
(4)
Provision for off-site locations. The SPGA may accept the off-site
location of affordable housing, recreational space or open space for
the purpose of satisfying the optional incentive provisions.
G.
Age-appropriate design. A senior living community (SLC) shall be
designed to provide housing options in a setting that encourages and
supports aging in the community. While units do not have to be age-restricted
by deed to adults 55 years and over, they must be "visitable" and
designed for people as they age. At a minimum, these terms mean that
a SLC shall have the following features:
(1)
Single-family and cottage-style dwelling units shall provide
for:
(a)
At least one zero-step entrance;
(b)
Doorways with a thirty-six-inch clear passage space, master
bedroom and an accessible en suite bathroom located on the same floor
as the kitchen, living room, and dining room, all being on the same
floor as the zero-step entrance;
(c)
Master bedroom and en suite bathroom designed and equipped for
seniors and people with mobility impairments; and
(d)
Indoor or structured parking.
(2)
Independent living units and assisted-living facilities shall
comply with the accessibility requirements of the Massachusetts Architectural
Access Board (MAAB).
(3)
Outdoor facilities, such as walkways, gardens and recreation
areas, shall be designed for universal access.
H.
Development standards. As part of the Planning Board's special permit
review process, the Board shall evaluate the proposed senior living
community (SLC) for conformance to the following minimum design standards:
(1)
Architectural planning and design shall incorporate energy-efficient
design techniques, such as natural heating and cooling systems, use
of sun and wind energy generation systems, and so forth.
(2)
Structures located near the project property lines shall be
designed and located in a manner that reflects consistency and compatibility
with neighboring areas, and shall include appropriate use of building
density, heights and design to minimize intrusion on neighbors.
(3)
Outdoor recreation or gathering areas, particularly those that
may generate significant noise and/or light and glare, shall be located
to minimize intrusion on neighboring properties.
(4)
Structures shall be clustered to reduce site disturbance and
protect open spaces, natural and environmentally sensitive areas.
(5)
Site design shall limit large grass areas and provide adequate
access to shared amenities.
(6)
Building design shall avoid use of long, unbroken facades, and
shall include use of balconies, offset walls, trellises and other
design elements to provide visual interest.
(7)
Building design, colors and materials shall generally correspond
to the natural setting of the project site and promote the appearance
of the Town's New England character.
(8)
Walking trails shall be accessible to all abilities and installed
throughout the project.
(9)
The development shall be served by public water.
(10)
The Planning Board reserves the right, at its sole discretion,
to impose more stringent standards and/or reduce the number of units
to ensure that impacts generated by the project are adequately addressed
with the following considerations:
I.
Procedures.
(1)
The special permit application, public hearing, and decision procedures shall be in accordance with this article, the Planning Board's Rules and Regulations, and Article VII of this Zoning Bylaw.
J.
Decision. The Planning Board may grant a senior living community
(SLC) special permit with any conditions, safeguards, and limitations
it deems necessary to mitigate the project's impact on the surrounding
area and to ensure compliance with this section, only upon finding
that:
(1)
The proposed SLC will not have adverse effects that outweigh
its beneficial effects on either the neighborhood or the Town, in
view of the characteristics of the site and of the proposal in relation
to that site, considering each of the following:
(2)
The design of building form, building location, egress points,
grading and other elements of the project could not reasonably be
altered to:
(a)
Improve pedestrian, bicycle or vehicular safety within the site
and egressing from it;
(b)
Reduce visual intrusion of parking areas viewed from public
ways or abutting premises;
(c)
Reduce volume of cut or fill, or reduce erosion;
(d)
Reduce number of removed trees of six inches in trunk diameter
at breast height, measured at 4.5 feet above ground and larger; and
(e)
Provide safer and more efficient access to each structure for
fire and service equipment.
(4)
The SLC is consistent with the goals of the Wrentham Master
Plan and Housing Production Plan.
