[Added 4-3-2001 STM, Art. 5]
The purpose of the Senior Living Bylaw is to encourage residential
development that provides alternative housing choices for people that
are 55 years of age or older. For the purposes of this bylaw, housing
units are intended for occupancy by persons fifty-five or over within
the meaning of MGL, c.151B, § 4.6. and shall comply with
the provisions set forth in 42 USC 3601 et seq. This bylaw is also
intended to promote affordable housing, efficient use of land and
public infrastructure, and to preserve open space.
In order to be eligible for a special permit for a Senior Living development, the property under consideration must be a parcel or set of contiguous parcels held in common ownership and located entirely within the R-1, R-2, R-3, R-4, or R-5 zoning districts as set forth on the Zoning Map. In a Senior Living development, the underlying uses outlined in the Table of Use Regulations (§ 173-12) shall no longer be permissible.
An application for a Senior Living development special permit
must conform to the following standards:
A.
Occupancy of dwelling units shall be limited to persons 55 years
of age or older.
B.
The minimum tract size shall be 10 acres.
C.
The property under consideration must be located within 5,000 feet
of a village center. Village centers are defined as follows: in Rockdale,
the intersection of Providence Road and Sutton Street; in Whitinsville,
the intersection of Main Street and Hill Street, or the intersection
of Church Street and Providence Road; and, in Linwood, the intersection
of School Park and Providence Road.
D.
All dwelling units must be served with public water service and be
connected to the public sewerage system. An on-site waste treatment
facility (package treatment plant), approved by the Department of
Environmental Protection, may be substituted for public sewer if the
Department of Public Works deems the connection to public sewer to
be infeasible.
E.
A minimum of 30% of the parcel shown on the development plan shall be contiguous open space, excluding required yards and buffer areas. Not more than 25% of the open space shall be wetlands, as defined pursuant to MGL c. 131, § 40. The open space shall be subject to the conditions set forth in § 173-86, Open Space Requirements (for flexible developments) provided that the term "senior living development" shall be substituted for the term "flexible development" in said conditions.
F.
A minimum of 10% of the total units shall be affordable in perpetuity.
Affordable units are defined as (a) dwelling units that are available
for sale and sold at a selling price that will result in an Annual
Shelter Cost (rent or mortgage, heat, cooking fuel and electricity)of
not more than 30% of the Annual Household Income of a Qualified Affordable
Housing Unit Purchaser or (b) available parental and rented at an
annual rent that will result in an Annual Shelter Cost of not more
than 30% of the Annual Household Income of a Qualified Affordable
Housing Unit Tenant. Affordable units shall be dispersed throughout
the development and shall be indistinguishable from market rate units.
The Northbridge Housing Authority shall be responsible for choosing
purchasers or tenants, and monitoring and insuring the long-term affordability
of the units.
G.
The maximum number of permitted housing units within all permitted
Senior Living developments in the Town of Northbridge shall be limited
to a number equivalent to 10% of all existing residential units (excluding
Senior Living development units) located in the Town of Northbridge.
The Board of Assessors shall establish the number of residential housing
units as of January 1 of each calendar year.
H.
No single structure shall contain more than 4 dwelling units.
I.
The total number of dwelling units in a Senior Living development
shall not exceed 4 units per acre of buildable land unless a density
bonus is granted under the following section. Buildable acreage shall
be calculated by a registered land surveyor or civil engineer and
shall not include any of the following:
(2)
Fresh water wetlands as defined by MGL c. 131, § 40;
(3)
Land having slopes greater than 20%;
(4)
Land subject to a conservation restriction which prohibits development;
(5)
Land subject to any local or state law or regulation, rights
of way, public or other restriction, which prohibits development.
J.
The Planning Board may grant density bonuses under the following
provisions, provided however, that at no time shall there be more
than 6 units per buildable acre of land:
K.
The Planning Board may allow additional structures to provide visiting
and welcoming areas, recreational facilities, community office space
or for other accessory uses that are compatible with senior living
development.
L.
Public bikeways, pedestrian walkways or walking trails may be required
by the Planning Board to provide circulation or access to schools,
playgrounds, parks, shopping, transportation, open space and/or community
facilities for such other purposes as the Board may determine to be
appropriate to serve the needs of the development.
A.
Lot Area - Individual residential lots shall have a minimum lot area
of 10,000 square feet.
B.
Lot Frontage - Individual lots within a Senior Living development
shall have a minimum of one hundred feet (100') of frontage on a public
way.
C.
Setback Requirements - All structures shall be located no less than
twenty-five feet (25') from the front lot line and fifteen feet (15')
from the side and rear lot lines.
D.
Building Separation - Distance between structures shall not be less
than thirty-five feet (35').
E.
Buffer Areas - All dwellings and structures shall be located a minimum
of fifty feet (50') from adjacent properties. Buffer Areas shall be
retained in their natural vegetative state to the maximum extent feasible,
except where adjacent to property used for agricultural purposes.
F.
Building Height - No building shall exceed two and one-half (2 1/2)
stories in height exclusive of basements, or thirty-five feet (35')
in height.
The Planning Board shall be the granting authority for Senior
Living development special permits.
A.
Pre-Application. Applicants are required to present a conceptual
development plan prepared by a registered landscape architect at a
regularly scheduled Planning Board meeting. The plan shall include
a detailed analysis of site topography, wetlands, unique land features,
and soil types. The purpose of this requirement is to help applicants
and officials develop a better understanding of the property and to
help establish an overall design approach that respects the intent
of this bylaw, which is to provide alternative housing choices, protect
open space, and promote efficient use of the land and infrastructure.
B.
Application. Applicants are required to submit a special permit application and development plan, conforming to the requirements of this bylaw, to the Planning Board for approval under the provisions of § 173-47. The development plan shall include a site plan under § 173-49.1.
(1)
If the development plan shows a subdivision of land as defined
under MGL, c. 41, § 81L, the applicant is required to also
submit a preliminary subdivision plan and application under the applicable
Planning Board Subdivision Rules and Regulations at the time of application
for a Senior Living development, and must obtain approval of the preliminary
subdivision plan prior to submitting a definitive plan and application.
C.
The Planning Board may grant a Special Permit for a Senior Living
development if the Board determines that all the requirements under
the bylaw have been met and that the benefits of the proposal outweighs
the detriments to the neighborhood or town.
D.
The Planning Board may impose such additional conditions as it finds
reasonably appropriate to safeguard existing neighborhoods or otherwise
serve the purposes of this bylaw.
