[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:
55 OR OVER COMMUNITY
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.