ARTICLE 31. Senior Housing Overlay District – (Planning Board)

To see if the Town will vote to amend the Zoning Bylaws of the Town of Westborough by amending Article 1, Administration and Procedure, Section 1300 by amending Footnote (1) to add a new designation SLO. The new Footnote (1) shall read as follows:

(1)

Except that a Highway Business District BA, BA (f) and SLO, Special Permits and Appeals shall be heard by the Planning Board unless stated elsewhere in the Zoning Bylaws.

And by creating a new District under Article 2, District Regulations; Subsection 2110 entitled Senior Housing Overlay district (SLO) and, by adding a new footnote (7) in this subsection as follows:

(7) In accordance with Section 5300, Special Permits for the Senior Housing Overlay district shall be issued by the Planning Board.

And by amending Article 2, District Regulations, by amending Section 2300, Use Regulation Schedule by adding a new use category “Senior Living Overlay” to read as follows: Senior Living Overlay (see Section 5300) (6)

N

SP

SP

N

SP

SP

SP

SP

N

N

N

N

SP

SP

 

And by adding a new footnote (6) for this section as follows:

(6) In accordance with the requirements and restrictions of Section 5300.

And by amending Article 2, District Regulations, by amending Section 2600, Dimensional Schedule by revising Section 2610 so that it reads as follows:

2610. All buildings in Residential and Conservation Districts (R, AA, AB, C), and Residential buildings in Other Districts, and Senior Housing in the Senior Living Overlay, shall comply with the following dimensional regulations.

And by adding a new use category column “Senior Living Overlay with the following dimensional requirements:

Min. lot area: 2 acres

Min. lot frontage: (n)

Min. front yard – 25 feet (n)

Min. side yard – 25 feet (n) (o)

Min. rear yard – 25 feet (n) (o) 19

Min. bldg. separation on same lot: ---

Max. bldg. height – 45 feet

Max. bldg. stories: 3

Max. Lot coverage (%): ---

Min. open space per d.u. ---

Min. habitable floor area

per d.u. 600 feet

Min. Lot width: ---

Min. open space (%): (n)

Max. lots permitted on

a common driveway: (5 for independent living, no requirement otherwise, or PB determines via special permit…)

Min. number of affordable units (%)……. 20% (p)

And by amending footnote (d) to insert after the current text, the following:

And by amending footnote (d) to insert after the current text, the following:

“Footnote (d) shall not apply in the Senior Living Overlay”.

And by adding new footnotes for this section as follows:

(n) For these yard requirements, in all residential districts, SLO shall be required to conform to Section 2610 of this Bylaw. SLO uses in all non-residential districts shall be required to conform to Section 2620. Except, where abutting a residential district it shall conform to Section 2610.

(o) Except 50 feet if adjacent to residentially zoned land. In the G2 District, a fifty (50) foot buffer strip shall be maintained where abutting a residential district, forty (40) feet of this to remain undisturbed, except for the planting of additional natural vegetative screening.

(p) The minimum of 20% of the units that are to be designated affordable must comply with the requirements of the Massachusetts Department of Housing and Community Development or a successor agency. Such units shall have deed restrictions regarding affordability which will continue in perpetuity and will allow the units to “count” as State recognized affordable units. All such affordable units shall be priced at levels affordable to individuals or families earning no more than 80% of Area Median Income (AMI) as published by the State/US Department of Housing and Urban Development (HUD).

And further, by creating a new Section 5300 as follows:

5300. SENIOR LIVING OVERLAY

5310. Purpose. The purpose of the Senior Living Overlay (SLO) is to provide the opportunity to diversify the Town of Westborough’s housing stock by specifically addressing the needs of its aging population and, to provide an additional level of affordability for these housing units which meet the official Massachusetts definition of affordability. 20

5320. Scope and Authority. The Senior Living Overlay provides for optional additional uses and does not replace, but rather supplements, the uses allowed in the designated overlay areas by grant of a Special Permit. The Planning Board shall be the Special Permit Granting Authority (SPGA) for any project submitted in accordance with this Section and shall have the authority to approve a project upon grant of a Special Permit in accordance with Section 1330, Site Plan Review in accordance with Section 1240 and further upon a finding that the intent of Sections 1100 (Purpose) and 5300 have been met.

The Planning Board may modify the density, parking and open space requirements of this Section or Section 2610 or 2620, where applicable, if, in its opinion, such change will result in a more desirable design of the development than could otherwise be developed without variation of the dimensional or parking requirement. This authority continues subsequent to occupancy. This bylaw does not specifically set density standards; however, it is expected that each site, housing type and project design will influence the appropriate number of residential units for any particular site. The density of units allowed shall be appropriate to the zone, neighborhood and development capacity of the site.

5330. Applicability. The Senior Living Overlay applies to all property within the Senior Living Overlay district as an optional, alternate form of development where certain criteria specified within this Section 5300 can be satisfied.

5340. Establishment of District. The Senior Living Overlay district shall include all property located within five thousand (5,000) feet of the intersection of the centerlines of Milk, Main, Brigham and South Streets, except that the district shall extend to six thousand five hundred (6,500) feet along East Main Street, provided that the land has frontage located within the SLO on one of said streets and further complies with the dimensional standards of section 5360. The provisions of Section 2140 (split lots) shall not apply. The SLO shall not apply to any parcel of land located within a Highway Business (BA) district.

5350. Permitted Uses. Independent Senior Housing, Senior Living Facility, and Continuing Care Retirement Communities shall be permitted in accordance with this Section 5300. In addition, accessory uses typically associated with these uses may be permitted by the Board, upon a finding that the accessory use is appropriate to the proposed development and not more detrimental to the neighborhood than the senior living use without such accessory uses.

1.

Dimensional Requirements

All minimum standards in the Senior Housing Overlay district (SLO) shall be consistent with those requirements of the applicable underlying district found in Section 2610 or 2620.

5370. Rules and Regulations. The Planning Board may from time to time establish Rules and Regulations governing Special Permits under this section. The Planning Board shall require a filing fee as a part of the Special Permit application, the amount of which shall be established by the Planning Board. 21

5371. Public Hearing and Approval. The Planning Board shall hold a public hearing on any proposal alleging compliance with Section 5300 in accordance with the public hearing and notice requirements of Massachusetts General Laws c. 40A §9 and §11. In considering the grant of a Special Permit for the application, the Planning Board shall make a finding that the provisions of this Section 5300 are satisfied.

5372. Findings. The Planning Board shall specifically consider whether the development will contribute to the orderly and harmonious development of the neighborhood and the Town that is consistent with the character of the neighborhood and satisfies community demand for the proposed uses, while responding to the performance standards of Section 5390.

The Planning Board shall make findings related to the Town’s current goals for the proposed type of senior housing. These findings might include, but are not limited to the following:

.

Compatibility with the surrounding neighborhood;

Consistency with any current planning documents or studies;

Ability for public infrastructure such as water, roads, drainage or sewer system or any other municipal system to support the proposed development without causing impacts that would adversely affect health, safety or the general welfare;

Appropriate design and layout of streets and driveways;

Appropriate project mitigation or enhancement of services typically associated with senior housing. This mitigation may be provided on site, or at the SPGA’s discretion be in the form of a contribution elsewhere in Town. Strong preference is given to mitigation providing public access and /or that is integrated with other Town services;

Appropriateness of building architecture, orientation and site design;

Incorporation of energy efficient and environmentally friendly design criteria;

Incorporation of pedestrian amenities, appropriate accessory uses, and integration of community benefits (for larger projects);

Preservation of open space, existing vegetation, natural, historical or archeologically significant features or resources.

5380. Special Permit Requirements.

5381. Permit Application

For any use requiring a Special Permit, the applicant shall submit the number of copies of the application and plans in such form as the Planning Board may require by its Rules and Regulations. In addition, the following shall be provided: 22

5381.1

Application Form and Fee.

5381.2

Development Statement.

5381.3

Development Plans.

5381.4

Additional information as the Board may determine necessary to

evaluate the proposal.

5382. Decisions

.

The findings, including the basis of such findings, of the SPGA shall be stated in the written decision of approval, conditional approval, or denial of the application for Special Permit, and shall require a super-majority vote for approval.

The SPGA may also require, in addition to any applicable conditions specified in this Bylaw, such conditions as it finds reasonably appropriate to safeguard the neighborhood, or otherwise serve the purposes of this Bylaw, including, but not limited to the following: front, side, or rear yards greater than the minimum required by this Bylaw; screening buffers or planting strips, fences, or walls, modification of the architectural design and exterior appearance of the structures; lighting, regulation of the number and location of driveways, or other traffic features; off-street parking or loading or any other special features beyond the minimum required by this bylaw.

The SPGA shall specifically require project mitigation and/or enhancement of services, including possible integration with other Town services, as appropriate for the type and scale of development proposed.

Such conditions shall be provided in writing, and the applicant may be required to post a performance guaranty for compliance with said conditions in an amount satisfactory to the SPGA.

The Special Permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown as determined by the SPGA. Once construction has begun, it shall be actively and continuously pursued to completion within a reasonable time.

5383. Parking Requirements

Parking shall be provided in accordance with Section 3100 except as modified or amended by the following:

.

Independent senior housing: one and one-half (1.5) spaces per dwelling unit.

Assisted living: one-half (0.5) space per bedroom unit plus the number of employees expected on the premises at the peak hour of operation.

Continuing Care Residence Community: 0.75 spaces per bedroom unit.

Accessory Uses: As the board deems necessary taking into consideration Section 3100 and the potential for shared parking with other proposed uses on site.

23

Parking structures and surface parking lots shall be appropriately designed and landscaped to promote pedestrian flow within and between the various uses on the site and public ways.

5390. Performance Standards

Projects in the Downtown Business district (BB) shall require a positive recommendation of the Design Review Board in accordance with Section 1245. Projects in the SLO, but outside of the Downtown Business district shall comply with sub-sections 1245. D. 2-5.

Subdivision Rules & Regulations shall be used as a guideline; however, the Board may waive any of these standards based on a persuasive argument by the applicant that such compliance does not serve the best interests of the project or the public good.

In addition to other minimum requirements stated elsewhere in this bylaw, the following improvements, performance standards and/or conditions are required (insofar as they are applicable to the proposal) to support a grant of a Special Permit in the SLO.

.

Natural resources are preserved or improved and cutting of mature and specimen trees is avoided wherever feasible.

Landscaping and vegetated buffer strips are appropriate for the neighborhood.

Soil removal is minimized and cuts and fills are balanced to the maximum extent reasonable.

Pedestrian walks, patios and other amenities support intra- and inter-site access and gathering places for residents.

Roads and driveways maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways.

Architectural details are varied to avoid monotonous or repetitive styles.

Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques.

Shade trees are provided along internal roadways and pedestrian walks.

Site lighting is designed to avoid unnecessary glare to abutting properties or the sky. Reflectors and shields provide total cut-off of light at the property boundaries.

US Green Building Council Leadership in Energy and Environmental Design (LEED) criteria shall be incorporated into project buildings and site design.

Stormwater Management incorporates Low Impact Design (LID) wherever feasible and appropriate for the context.

Utilities shall be located underground.

And by amending ARTICLE 5 DEFINITIONS to insert the following new definitions:

INDEPENDENT SENIOR HOUSING shall mean a building or series of buildings containing independent dwelling units intended to provide housing for persons not requiring health or other services, and designed and occupied by individuals or families in which at least one household member is 60 years of age or older.

[NOTE: pp 25-28 , titled "2300. USE REGULATION SCHEDULE" are omitted.  Please see original Warrant --webmaster]