Town of West Boylston, MA - 2.9 Continuing Care Retirement Community Overlay District

2.9 Continuing Care Retirement Community Overlay District

This Continuing Care Retirement Community Overlay District is established by the Town of West Boylston in order to achieve the following purposes:

1) The provisions of a variety of housing choices for elderly persons.

2) The provisions of professional services routinely used by elderly persons.

3) The design of site plans and structures adapted to the needs of the elderly population.

A Continuing Care Retirement Community (CCRC), as defined herein, may be allowed upon a grant of a Special Permit by the Planning Board upon any parcel of land situated within a General Residence District, within the Industrial District located south of Hartwell Street or in the Continuing Care Retirement Community Overlay District as shown on the Zoning Map.

For the purpose of this section of the by-law the following definitions shall apply:

1) Elderly Person: any person having reached the age of 55 years.

2) Elderly Household: any household having at least one person 55 years or older.

3) Continuing Care Retirement Community (CCRC): a development comprised of a dwelling or dwellings with residential services operated or sponsored as a coordinated unit by a corporation or organization, having among its principal purposes the provision of housing and associated services for persons 55 years or older.

4) Coordinated Units: a building or group of buildings under common management which provide housing and associated services which assist the elderly in maintaining an independent lifestyle.

5) Associated Services: a program of resident services primarily for the benefit of the residents of the CCRC.

D Types of Dwellings, Uses And Associated Services Permitted

1) A CCRC may contain any or all of the following housing types, attached or detached, in any combination:

a) Detached single family;

c) Congregate: a structure which provides a range of housing and support services. The structure may contain, but is not limited to the following uses:

Dwelling units with kitchen facilities; bedrooms with a bathroom and sitting area or without kitchen facilities; common, social and recreational areas such as dining rooms, libraries, and indoor and outdoor recreation facilities and gardening areas;

d) Assisted or Catered Living: buildings or structures other than a hospital or nursing home/institution designed to accommodate assistance with one or more activities of daily living, such as dressing, eating, bathing, walking or toileting;

e) Nursing Care: a facility which must be licensed by the Department of Public Health;

f) Living quarters for support staff.

2) A CCRC may contain any or all of the following uses and associated services, individually or in any combination, as part of dwellings or as separate structures, including, but not limited to:

a) Dining rooms, coffee shops and related kitchen areas and facilities;

b) Living rooms, libraries, music rooms, auditoriums, greenhouses;

c) Lounges, card rooms, meeting rooms, and other social and recreational areas;

d) Administrative offices, social service offices, educational uses;

e) Mail rooms, gift shops, convenience stores;

f) Medical offices, diagnostic and treatment centers, wellness centers, exercise areas, home health care centers;

g) Professional offices;

h) Barbers, hairdressers, beauty salons;

i) Banks and ATM banking machines;

j) Home health care;

k) Adult and child care services;

l) Cleaning services;

m) Other uses, services and activities incident to the operation of a CCRC.

To assist the Town in creating units eligible for the Chapter 40B Subsidized Housing Inventory through means other than a Comprehensive Permit and to prevent the Town from falling behind in meeting the requirements for Affordable Housing as detailed in Massachusetts General Law Chapter 40B, CCRC projects with greater than five (5) dwelling units must provide Affordable Housing Units to serve low or moderate income households, as follows:

1) Percentage of Affordable Units: At least 15% of ownership units must be Affordable Housing Units. At least 20% of rental units must be Affordable Housing Units.

2) Living quarters for support staff, if any, are excluded from the Affordable Housing provision. Definitions, provisions and procedures for Affordable Units are governed by the provisions of Section 3.

3) 3.10 Incentive Zoning, except to the extent that there is a conflict between the bylaws. In the case of a conflict, the provisions of this bylaw shall apply.

F Design Objectives

1) Structure and site designs which blend the scale of residential units, institutional structures and professional office space;

2) Minimization of traffic impacts and safe design of all ways, vehicular and pedestrian;

3) Maximization of preservation of natural features and the protection of wetlands, scenic vistas and open spaces;

4) Structure and site designs which meet the specific needs of the elderly;

5) Site plan design which visually emphasizes building design and landscaped areas and minimizes the visual impact of parking areas;

6) Site plan design which creates open space by using cluster principles. At least 25% of the site shall be preserved as open space and maintained as natural vegetation or landscaped areas. Use of open space, except for passive recreation, plantings, footpaths, and agriculture shall be prohibited. Easements may be granted for the installation of underground utilities, provided all disturbed areas be restored to a natural state after construction. A restriction, enforceable by the Town of West Boylston, shall be recorded to ensure that such land shall be kept in an open, natural or landscaped state and not built upon for residential use or developed for accessory use such as parking or roadways. A landscape management plan shall be developed with restrictions to provide for maintenance of the open areas in a manner which will ensure its suitability for its function, appearance, cleanliness, and for proper maintenance of drainage, utilities and the like.

7) Site and structure design shall provide suitable means of access and egress to dwellings for handicapped persons. Enclosed walkways and/or unenclosed walkways connecting all buildings shall be permitted.

8) Structures shall be located on the site so as to provide for the privacy of residents adjacent to the CCRC.

G Site Requirements

1) Minimum Lot Size: No CCRC shall be allowed on a parcel of land containing less than 10 acres.

2) Maximum number of units allowed shall be calculated by the following formula:

Detached single-family: 5,500 square feet per/DU

Multi-family (4 units or less): 5,500 square feet per/DU

Multi-family (more than 4 units): 4,000 square feet per/DU

3) Not withstanding the provisions of Section 4.3, the number of habitable buildings on a lot and the maximum number of dwelling units permitted per habitable building shall be determined by the Planning Board on a case by case basis.

4) Non-residential uses: the total area devoted to non-residential uses located in the buildings may not exceed twenty-five percent (25%) of the total area of the living areas.

5) The open space requirement is substituted for the more conventional rear and side yard requirements in order to provide flexibility in the protection of natural features; to maintain significant open space areas for the enjoyment of the residents; and to promote a variety of site plans tailored to the needs of the elderly.

6) While there are no yard requirements between buildings within the CCRC, all structures must conform to the Massachusetts Building Code with respect to building separation and fire walls.

7) Location and design of all structures shall be reviewed by the West Boylston Fire Chief with regard to accessibility of fire and other emergency vehicles.

8) No structure shall be more than thirty-five feet (35') in height measured from the average grade at the base of the building to the eave line.

9) Disposal areas shall be located in screened areas according to law standards contained in this zoning by-law.

H Roadway and Parking Requirements

1) The following minimum parking standards shall apply to CCRC facilities approved under this section of the by-law. The Planning Board may waive the construction of parking until it is demonstrated that it is actually needed. Parking areas shall be designated as either to be constructed at the time of building construction or at a future date when it is demonstrated that it is needed. Where there is a mix of uses, the total parking area for the CCRC must equal or exceed the sum of the minimum requirements required by the following:

a) There shall be provided one parking space for each dwelling except as follows:

i.) Congregate housing and assisted or catered living facilities:

One (1) parking space for every five (5) beds and one (1) parking space for each employee on the largest shift.

ii.) Nursing Care facility:

One (1) parking space for every twenty (20) beds and one (1) parking space for every employee on the largest shift.

iii.) Congregate housing and assisted or catered living facilities:

One (1) parking space for every five (5) beds and one (1) parking space for each employee on the largest shift.

2) All other parking and screening provisions of the West Boylston Zoning By-laws shall apply unless changed by this section.

3) Roads and utilities shall be designed and constructed in conformance with the Town of West Boylston Site Plan review standards. The Planning Board may modify said standards if it determines that such action will more acceptably meet the purposes of this section.

I Sewer Disposal

No special permit for a CCRC may be granted unless the proposed developer is or is to be connected to a municipal sewer system. No on site subsurface sewage disposal system shall be allowed.

Signs will be regulated by Section 5.6 of the Zoning By-law.

1) Application, submission requirements, and procedures contained in Section 3.6 Site Plan Review shall be followed before a Special Permit for a Continuing Care Retirement Community may be granted.

2) Plans submitted in connection with this section may be drawn as may be appropriate to the size of the site, with the consent of the Planning Board.

Amended Oct 17, 2005 - Article 14

Amended May 19, 2008- Article 45, 46