[Added 5-14-2012 ATM by Art. 28]
A.
Applicability and intent. The intent of § 190-103, Assisted living facility development, is to provide the opportunity to create assisted living facilities. As provided in § 190-23, Table of Use Regulations, these provisions apply within the Assisted Living Facility Overlay District or other districts where such use is permitted by a special permit. Within the Assisted Living Facility Overlay District, all provisions of the Wakefield Zoning Bylaw applicable to the underlying districts shall continue to apply, except that a special permit granted under this § 190-103, subject to the following, allows a development for an assisted living facility.
B.
Procedure. The special permit granting authority for an assisted living facility shall be the Board of Appeals. No assisted living facility shall be allowed except by a special permit, relating to property located in the Assisted Living Facility Overlay District or other districts where such use is permitted by special permit, granted by the Board of Appeals in accordance with the requirements of § 190-44 to § 190-45 of the Wakefield Zoning Bylaws. Said Board of Appeals may impose such conditions, as it deems appropriate for the protection of public health, safety, and welfare, in addition to any other conditions that the Board may impose pursuant to Article VIII. Developments under a special permit granted under this § 190-103 for an assisted living facility are not subject to the provisions of § 190-32, Multifamily dwellings.
C.
Density, dimensional and parking requirements.
(1)
Number of units within the assisted living facility development.
The minimum area required shall be 500 square feet of land for each
unit (including staff or caretaker units, which shall comprise no
more than 1% of the units, provided at least one is allowed in facilities
with under 100 units).
(2)
Dimensional requirements. The Business Zone dimensional requirements of Table 2, Table of Dimensional Regulations, of the Wakefield Zoning Bylaw shall apply to the assisted living facility, and the provisions and/or requirements of Article VI and § 190-35 of this Bylaw shall not apply to the assisted living facility. The dimensional requirements for an assisted living facility may be reduced and/or altered by the Board of Appeals by issuance of a special permit. Any such reduction and/or alteration shall be supported by evidence of infeasibility due to lack of suitable land, design considerations or other similar factors. The Board of Appeals must also find that the granting of such special permit will not adversely affect the health, safety, convenience, character or welfare of the neighborhood or district or the Town. The assisted living facility may be comprised of more than one building with no minimum distance requirement between buildings and may also be located on more than one contiguous lot.
(3)
Parking and loading. The assisted living facility shall include one parking space per every two units, plus one parking space per two employees in the maximum working shift, plus additional parking for accessory uses allowed by the special permit. The parking spaces shall be designed in accordance with the requirements and/or standards of Article VII of the Zoning Bylaws. The requirements and/or standards of Article VII may be reduced and/or altered by the Board of Appeals by issuance of a special permit. Any such reduction and/or alteration shall be supported by evidence of infeasibility due to lack of suitable land, design considerations or other similar factors. The Board of Appeals must also find that the granting of such special permit will not adversely affect the health, safety, convenience, character or welfare of the neighborhood or district or the Town.
(4)
Notwithstanding
anything to the contrary in the Wakefield Zoning Bylaw, any parking
spaces provided, that exceed the number of parking spaces required
in the special permit for the assisted living facility, may be utilized
for public parking or parking related to other properties or other
entities as may be allowed by the owner of the property on which an
assisted living facility is located.
[Added 2-6-2014 STM by
Art. 6]
D.
Accessory uses. Assisted living facilities may have accessory uses
within a building as may be desirable for the use and convenience
of the residents, including, without limitation, hairdressers/barbers,
retail sales, dining room/area, provided such uses are expressly allowed
by special permit.
E.
As the ongoing safe and successful operation of an assisted living
facility is vital, the Board of Appeals shall carefully consider the
operating history of the applicant and the proposed sponsor under
MGL Chapter 19D in granting the special permit. The applicant shall
submit evidence of the same to the Board of Appeals as part of the
application, and any additional information the Board may request
during the public hearing to help it make required special permit
findings. After issuance, the Board of Appeals shall have the right
to revoke the special permit under any of the following circumstances:
(1)
The applicant fails to provide evidence to the Board of Appeals
showing that it has obtained all requisite certifications under MGL
Chapter 19D relating to the premises and the sponsor within 120 days
of the issuance of the certificate of occupancy from the Town of Wakefield;
or
(2)
There is a change in ownership of the premises and/or the identity,
ownership or control of the sponsor or operator of the facility and
the new owner and/or sponsor fails to provide evidence that it has
obtained all requisite certifications under MGL Chapter 19D relating
to the premises and the sponsor within 120 days of said change; or
(3)
Certification under MGL Chapter 19D relating to the premises
and/or the sponsor is lost for any reason whatsoever (e.g., lapse,
revocation, termination, etc.) and the holder of the special permit
fails to provide evidence to the Board that it has reinstated or otherwise
obtained all requisite certifications under MGL Chapter 19D relating
to the premises and the sponsor within 120 days of such loss.
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In the event of revocation of the special permit as stated above,
the uses on the premises shall be subject to any and all underlying
requirements of the Wakefield Zoning Bylaws in existence as of the
date of such revocation unless and until the special permit is reinstated
and/or reissued by the Board of Appeals in its discretion, which may
be exercised via minor modification without the need for a public
hearing, or via formal amendment, as the Board sees fit. Any revocation,
reinstatement, reissuance or other change to the special permit shall
require the same vote that would be required for the issuance of a
new permit as of the date the change is voted upon.
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