[Added 10-15-2001 FATM, Art. 48]
A 55 or Over Community shall be permitted in
single family residential districts only upon the issuance of a special
permit from the Planning Board.
As used in this article, the following terms
shall have the meanings indicated:
A development in which single-family dwellings and/or duplex
dwelling units are constructed for the express purpose of providing
housing for those 55 years and older in a community qualifying as
55 or Over under the Fair Housing Act of 1988 and under MGL c. 151B,
§ 4. A 55 or Over Community as set forth in this article
is authorized by the Zoning Act, MGL c. 40A, § 9.
The purpose of 55 or Over Community is to:
A.
Provide housing that meets the unique needs of senior
citizens;
B.
Encourage a less sprawling form of development by
utilizing cluster design features;
C.
Encourage the permanent preservation of open space,
agricultural and forestry land and other natural resources;
D.
Maintain the Town of Webster's traditional New England
rural character and land use pattern in which small villages contract
with open space and farmlands;
E.
Allow for greater flexibility and creativity in the
design of a residential development;
F.
Protect scenic vistas from Webster's roadways and
other places;
G.
Preserve unique and significant natural, historical
and archeological resources;
H.
Facilitate the construction and maintenance of streets,
utilities and public services in a more economical and efficient manner;
I.
Protect existing and potential municipal water supplies;
J.
Minimize the total amount of disturbance on the site.
Occupancy in 55 or Over Communities shall be
restricted to individuals 55 years of age or older, their spouse and
their nursing care provider. No exceptions to this age requirement
shall be acceptable. The Community shall be operated in a manner so
as to comply with all requirements set forth for 55 or Over communities
in the Federal Fair Housing Act of 1988 and under MGL c. 151B, § 4.
The following standards shall apply to all 55
or Over Communities:
A.
A minimum contiguous ownership of 25 acres of land.
B.
The maximum number of dwelling units allowed shall
equal no more than 1 1/2 times the number of dwelling units which
could be reasonably expected to be developed on the property under
a Conventional Development Plan in full compliance with health codes,
wetlands bylaws and the applicable requirements.
C.
There shall be deed or lease restrictions restricting
the occupancy of dwelling units to adults age 55 and over only (and
their spouse or nursing care provider).
D.
There shall be an association or other mechanism for
enforcing community rules and regulations.
In reviewing the proposed 55 or Over Community
the Planning Board shall consider the general objectives of the bylaw
for 55 or Over Communities including, but not limited to, the existing
and probable future development of surrounding areas; the appropriateness
of the proposed layout of the lots and the proposed layout and use
of common land in relation to the topography, soils and other characteristics
and resources of the tract of land in question. The Planning Board
may grant a 55 or Over Community Special Permit if it finds that the
55 or Over Community and proposed uses:
A.
Comply with all respects to the requirements of the
bylaw and enhance the purpose and intent of the 55 or Over Community
bylaw.
B.
Are on balance more beneficial to the Town than the
development likely with a conventional development of single-family
dwellings.
C.
Will be connected to public sewer and water.
The Planning Board will evaluate whether the
layout of lots and common land is appropriate to the natural landscape
and meeting the purpose of 55 and Over Community by considering whether
the design incorporates, where possible, the following guidelines:
A.
Providing sufficient buffer areas to minimize conflict
between this and other residential use.
B.
Leaving unblocked or uninterrupted scenic views and
vistas, particularly as seen from public roads, scenic roads or special
places designated in the Town of Webster.
C.
Protecting the habitat areas of species listed as
endangered, threatened or of special concern by the Massachusetts
Natural Heritage Program.
D.
Preserving historic and prehistoric sites and their
environs in-so-far as needed to protect the character of the site.
E.
Arranging the elements of the 55 or Over Community
plan, buildings circulation, common land, landscaping, etc., so as
to protect valuable natural environments such as stream, outstanding
vegetation, water bodies of scenic views.
F.
Protecting major street appearances and capacity by
avoiding development fronting such streets while contributing to the
overall aesthetic quality of the development.
G.
Providing landscape screen areas of low visual interest
such as utility boxes, trash containers and parking areas, and treating
of pedestrial systems and open space areas in a manner that contributes
to their use and visual appearances.
H.
Locating active recreational areas so that they are
accessible to the residential units and adequately screened to provide
privacy and quiet for neighboring residents.
I.
Providing a pedestrial circulation system that enables
pedestrians to move safely and easily to the site and between properties
and activities within the site and neighborhood.
J.
Arranging the common land to be reasonably contiguous
and, if the tract of land abuts adjacent common land or other permanently
protected open space, connecting with such adjacent common land or
permanently protected open space.
K.
Using design elements to delineate the access to common
land such as stone walls, woodland paths surfaced with bark mulch,
cobbles, etc. or as recommended by the Planning Board.
There shall be a buffer of at least 50 feet
along all property lines, except that ingress/egress roadways shall
be allowed to encroach on the buffer area. If the fifty-foot buffer
area does not include natural vegetation, the developer will provide
landscaping design to create a buffer of natural vegetation. Tree
removal and change in existing topography within the fifty-foot buffer
to adjacent properties will be limited to bike paths and walkways.
The buffer area may be counted as usable common land. The Planning
Board may modify the buffer area requirement if deemed necessary.
A.
The minimum lot area for building lots shall be not
less than 10,000 square feet for duplex units and not less than 8,000
square feet for single units.
B.
Minimum frontage. Lots located along roadways shall
have a minimum of 80 feet of frontage. Lots located on the cul-de-sac
of a dead end street shall have a minimum of 50 feet of street frontage,
provided that a front building line is designated on the plan for
such a lot and the width of the lot at this building line is at least
equal to the minimum frontage requirements.
C.
Front yard setbacks. Front yards may be staggered
to provide a variety in the size of such yards. The minimum average
of all front yards shall be 30 feet; however, no front yard shall
be less than 25 feet. The front yard setback shall be measured from
the nearest edge of the right-of-way sideline.
D.
Side yard setbacks. Side yards shall have a minimum
of 10 feet.
E.
Rear yard setbacks. Rear yards shall have a minimum
of 15 feet of property which is not part of the 55 or Over Community.
F.
Accessory uses. Accessory uses are not allowed in
front yards. Accessory uses such as storage sheds and above ground
swimming pools can be located within the rear setback. No accessory
use may be located within 10 feet of the rear lot line.
Not less than 20% of the total area of the tract
of land to be developed as a 55 or Over Community shall be dedicated
as common land. One Hundred percent of the required common land shall
be upland. Rights-of-way for streets or common drives shall be excluded
from counting as common land.
A.
The common land shall be used for conservation, historic
preservations, education, outdoor education, recreation (which may
include clubhouses, gathering places, swimming pools, tennis or other
courts, golf courses, pedestrian walks, bicycle paths or other recreational
facilities), parks, agriculture, horticulture, forestry or a combination
of those uses.
B.
In addition to the uses outlined above, up to 10%
of such land may be subject to pavement and structures relating to
sewer, drainage or retention/detention facilities serving the 55 or
Over Community or adjacent land.
C.
The common land may be in one or more parcels. Access
(at least 25 feet wide) will be provided to each parcel of common
land from one or more streets in the community.
D.
If the Common Area is to be deeded to the Town of
Webster, any temporary easements for the construction, maintenance
or repair of roads and utilities in the Common Areas shall be at the
discretion of the Planning Board and shall be no larger than reasonably
necessary.
E.
If any facilities are located in Common Areas that
will be deeded to the Town of Webster, the Planning Board shall require
adequate assurances and covenants that such facilities shall be maintained
by the lot owner or developer within the community.
F.
The proposed use of the common land shall be specified
on the land use plan and appropriate dedications and restrictions
shall be recorded in the Worcester Registry of deeds. The Planning
Board shall have the authority to approve or disapprove particular
uses proposed for the common land in order to enhance this specified
purpose.
The common land shall, at the owner's and Planning
Board's election be:
A.
Conveyed to a nonprofit organization, the principal
purpose of which is in the conservation of open space and/or any of
the purposes and uses to which the common land may be dedicated.
B.
Conveyed to a corporation or trust to be owned jointly
or in common by the owners of the lots or dwelling units within the
55 or Over Community. If such a corporation or trust is utilized,
ownership thereof shall pass with conveyances of the lots or dwelling
units in perpetuity. Maintenance of the common land and facilities
shall be permanently guaranteed by such corporations or trust which
shall provide for mandatory assessments for maintenance expenses to
each lot or residential unit. Each such trust or corporation shall
be deemed to have assented to the Town of Webster to perform maintenance
of the common land and facilities. If the trust or corporation fails
to complete said work, the Town may perform it. The owner of each
lot or residential unit shall be deemed to have assented to the Town
filing a lien against each lot or residential unit for the full cost
of the maintenance, which liens shall be released upon payment to
the Town of Webster the cost incurred for maintenance. Documents creating
such trust or corporation shall be submitted to the Planning Board
for approval and shall be recorded in the Worcester Registry of Deeds
as a condition of the 55 or Over Community Special Permit.
C.
Retained by the owner or other entity for use for one of the purposes specified in § 650-77 provided that the owner conveys the development rights of that open space or otherwise prohibits further development of the property into any other use but common facilities for the benefit of the approved dwelling units.
(1)
If the common land or any portion thereof is not conveyed
to the Town of Webster, then Perpetual Conservation Restrictions shall
be imposed on the use of such land. Such restrictions shall conform
to the standards of the State Division of Conservation Services, shall
be approved by the Planning Board and shall be enforceable by the
Town of Webster. Such restrictions shall provide that the land be
kept in its open space or natural state and that the land shall not
be built upon, developed or used except in accordance with the provisions
of the 55 or Over Community Special Permit. Such restrictions shall
further provide for maintenance of the common land in a manner, which
will ensure its suitability for its function, appearance, cleanliness
and proper maintenance and encumbrances required by this bylaw.
All water lines and sewer lines will be constructed
for the proposed project in accordance with the Town of Webster Rules
and Regulations. As-built plans of water and sewer lines will be provided
to the Town for their records. Inspections for installation of water
and sewer lines will be conducted by designated agent for the Planning
Board. Hydrants proposed within the 55 or Over Community shall be
installed based upon the fire chief's recommendations and all fire
hydrants installed within the 55 or Over Community will meet current
Town of Webster regulations. The developer or owner will pay for the
review of plans and all inspections of Town utilities.
A.
Adequate access shall be provided to all lots in the
development by ways that will be safe and convenient for travel. Roadways
and drives shall meet the following requirements:
(1)
The major ingress and egress to the site shall be
constructed in accordance with the standards specified in the Subdivision
Rules and Regulations at the time of submission.
(2)
Interior streets within the development that will
be deeded to the Town of Webster for use as public roadways shall
be constructed in accordance with the standards specified in the subdivision
rules and regulations at the time of submission.
(3)
Interior streets within the development that will
remain private shall be a minimum of 18 feet of pavement width. Once
a 55 or Over Community Special Permit is approved by the Planning
Board, any proposed interior streets in that community cannot at anytime
be considered public roads.
B.
All public and private roads constructed in the 55
or Over Community shall be inspected upon installation by a designated
agent for the Planning Board. As-built plans shall be provided to
the Planning Board of all internal roadways and any external roadways
that have been altered in connection with the construction of the
community.
C.
The Planning Board may waive standards for carways,
paved roadway widths, curbing, right-of-way widths, dead end streets,
lengths, sidewalks, drainage, common driveways, minimum grade and
maximum grade, minimum tangent length between reverse curves provided
that.
D.
The design meets fire and police department accessibility
and provides safe internal travel; and
E.
The Planning Board decides that such waiver enhances
the design of the community and is in accordance with the intent of
the 55 or Over Community bylaw
F.
All interior streets, common drives, walkways and
other paved areas within the proposed 55 or Over Community that remain
private will be maintained by the developer and/or owners of the units.
G.
All documentation relating to roadways and streets
shall be provided to the Planning Board for their approval and shall
be recorded at the Worcester Registry of Deeds.
A.
Offstreet guest parking shall be provided at intervals
throughout the community (i.e., at community facilities and along
the roadways) so that the overall parking ratio of the community is
no less than two parking spaces per dwelling unit. Adequate outside
lighting shall be provided in all parking areas.
B.
The site plan for 55 or Over Community shall be designed
so that designated parking areas are screened from external streets
by building location, landscaping and/or grading. Glare from parking
areas adjacent to the residential properties shall not cause a problem
on another site. A lighting plan must be submitted to the Planning
Board.
All street signs will be placed within the development
to ensure visibility for emergency vehicles. Stop signs will be placed
where recommended within community by the traffic engineer and/or
the Police Chief.
The Developer has the opportunity to name streets
within the community but shall submit proposed street names to the
Planning Board and Board of Selectmen to ensure that duplicate street
names will not exist within the Town.
Street numbers within the community will be
assigned from the Town of Webster Assessor's Office or Engineering
Department. This will ensure that the odd/even numbering system is
consistent within the Town.
A.
To promote better communication and to avoid misunderstanding,
the applicant is encouraged to meet with the Planning Board prior
to filing its application for a Special Permit.
B.
The Planning Board's Special Permit approval will
be for Master Plan approval which will entitle the development for
a number of dwelling units and a conceptual layout for the dwelling
units, the common areas and the roadways.
C.
Applicants for Special Permits for 55 or Over Community
shall file one copy with the Town Clerk and five copies with the Planning
Board, of the following documents:
(1)
A master plan of the proposed community showing the
number of dwelling units, the size and location of the common areas
and the layout of the roads and utilities.
(2)
A list of the interdisciplinary team including registered
land surveyor, professional engineer and either a registered architect,
landscape architect (the landscape architect may or may not be registered
by Commonwealth and the Planning Board has option to approve a qualified
individual who holds no degree in landscape architecture) or land
planner that shall be used in the development of the 55 or Over Community
plans.
(3)
A proposal as to how the community shall be serviced
by Town sewer and water. The developer is responsible for costs associated
for connection to Town services.
(4)
A plan showing proposed locations for deep soil tests
for the community that shall be conducted on the site prior to the
definitive design to ensure adequate soils exits for proposed construction.
Soil testing shall be at a rate of one per every five acres of buildable
area or more as may be required by the Planning Board.
(5)
A plan showing proposed use of the open space land.
(6)
The proposed roadway specifications and profiles.
If the residents of the development are to maintain roadways, the
owner shall submit the form of documentation that will ensure the
proper maintenance of the roadways for the Planning Board to review.
(7)
A list of any known waivers required from the Subdivision
Rules and Regulations.
(8)
A Construction Impact report to the Planning Board
addressing mitigation measures proposed during construction for dust,
noise, pollution, traffic flow of construction vehicles, hours of
operation and person in charge of construction. Twenty-four-hour telephone
numbers will be provided to the Planning Board for responsible parties
during the development of the project.
(9)
A traffic report for all abutting public ways from
which the project can be accessed.
The Planning Board shall review the data required
above and shall hold a public hearing within 65 days of complete filing.
The procedure for Special Permits shall be as required under MGL c.
40A, § 9, and Section 1.5 of the bylaw.[1] The Planning Board may approve such plan with or without
conditions. The Board shall disapprove plans if it determines that
the 55 or Over Community Plan is not a good faith design or does not
meet provisions of Town ordinances or specifications.
[1]
Editor's Note: So in original. Reference to said "Section 1.5 of the bylaw" cannot be ascertained. No Section 1.5 existed in the 1967 Zoning Bylaw, as amended, nor the 55 and Over Communities Bylaw enacted 10-15-2001 FATM, Art. 48. For reference, see special permit submission requirements in § 650-85.
Development for the community, or for a phase
of the community, shall only be commenced following Planning Board's
approval of the Definitive Site Plan for such community or phase based
on full engineering drawings showing compliance with all design requirements
for a 55 or Over Community including setbacks, grading, drainage and
road specifications. The front, side and rear setback lines of all
lots in a phase shall be shown on the Definitive Site Plan to be approved
by the Planning Board prior to occupancy in that phase. The Definitive
Site Plan review process shall not alter the number of units or the
conceptual layout approved in the Master Plan and Special Permit but
shall confirm the compliance of each phase with such Special Permit.
A.
Subsequent to granting of a Special Permit for 55
or Over Community the Planning Board may permit, without initiating
a new Special Permit proceeding, the relocation of lot lines with
the development provided that such lots remain within the setback
requirements and the changes do not adversely impact any common areas
or buffer areas.
B.
If the development plan includes the use of leased
lots, amendments to the leased lot lines may be made subsequent to
granting of a Special Permit without requiring Planning Board review
and approval provided that such lots remain within the setback requirements
and the changes do not adversely impact any common areas or buffer
areas.
C.
Any change in the layout of streets, in the use, ownership
and layout of common land, or any other conditions stated in the original
Special Permit, shall require written approval from the Planning Board
after a public hearing. The Planning Board may require a new Special
Permit prior to the proposed changes if it finds that the proposed
changes are substantial in nature.
The Planning Board may require changes of the
55 or Over Community Plan and impose additional conditions, safeguards
and limitations, as it deems necessary to secure the objectives of
this bylaw.
