AMENDED ZONING BY-LAW ARTICLE 13.5 - SENIOR LIVING COMMUNITY ARTICLE : To see if the Town will vote to amend the Zoning Bylaw as follows: 2. By deleting existing Section 13.5, Senior Living Community, and inserting, in place thereof, new Section 13.5, Senior Living Community, to read as follows: ARTICLE 13.5, Senior Living Community 13.5.1 Purpose The purposes of this section are: A. To provide for housing options for a maturing population that reduce maintenance costs and are more affordable than traditional single-family dwellings; B. To provide a mechanism for development of a range of housing types and facilities that are responsive to the socio-cultural, health care, and recreational needs of senior residents; C. To provide for a type of housing development that reduces the demands on municipal services by maximizing energy efficiency, renewable energy opportunities and a cluster design; D. To promote development that is in harmony with the town s natural features and resources, its historic and traditional landscapes, the existing and probable future use of adjacent land, and the general intent of the Zoning Bylaw; and E. To establish flexible residential development standards and procedures that will support these objectives. 13.5.2 Applicability A. A Senior Living Community shall be permitted in all districts as noted in Section 4.2, Use Regulation Schedule only upon issuance of a Special Permit and Site Plan Approval from the Planning Board as specified in Article 7, and Article 9 of this Bylaw, and in accordance with the additional requirements specified herein: i. Minimum track size. A tract of land consisting of not less than 20 acres; ii. Minimum of 100 feet of contiguous frontage on a public way; iii. Public water available at the street frontage; B. A Senior Living Community is intended for people age 60 or over within the meaning as defined in M.G.L. c.151b, sec. 4(6) and 42 U.S.C. Sec. 3607(b)(2)(c). As such, buildings and site improvements in a Senior Living Community shall provide for visitability and universal design in accordance with the provisions of this article. 13.5.3 Uses A. In the R-43, R-87, C-1 or C-3 district, the Planning Board may grant a special permit for a Senior Living Community that includes one or any of the following uses: i. Single Family or Cottage dwellings ii. Duplex or Triplex style dwellings iii. Independent living units iv. Assisted living residence, with or without memory care units v. Continuing care retirement community, which shall include Assisted residence and one of more of the other uses listed above, and may include a Skilled nursing facility or Physical rehabilitation facility with no more than 100 beds.
Page 2 of 7 B. In the VZB district, the Planning Board may grant a special permit for a Senior Living Community that includes one or any combination of the following uses: i. Duplex or Triplex ii. Independent living units iii. Assisted living residence, with or without memory care units C. An Assisted living residence or Continuing care retirement community may include the following nonresidential uses primarily for the benefit of residents and their guests, provided that aggregate floor area for the non-residential uses shall not exceed ten percent (10%) of the total gross floor area of the buildings in the development. These uses shall be incidental and subordinate to the principal uses in the Senior Living Community. i. Retail, up to a maximum of 2,500 s.f. ii. Personal services iii. Medical office or clinic D. A Senior Living Community may also include the following uses: i. Adult day care center ii. Accessory uses for residents, employees, and guests such as central or common dining facilities or laundry facilities, or indoor or outdoor recreation facilities iii. Conservation or agricultural uses 13.5.4 Basic Requirements A. A Senior Living Community (SLC) shall comply with the following density regulations: Use Maximum Density Maximum Building Height (Feet)/ Story Single Family, Cottage 4 units/acre 28 / 2 style dwellings Duplexes, Triplexes 6 units/acre 28 / 2 Independent living units 16 unit/acre 40 / 4 Assisted living residence 20 units/acre 40 / 4 B. Maximum building coverage shall not exceed thirty-five percent (35%) of the lot area for new construction or expansion of existing structures. C. For single family, cottage dwellings, duplexes or triplex style dwellings, the minimum setback shall be thirty feet (30 ) from all property lines in the Residential Districts, unless the Planning Board determines that a reduced setback is necessary to achieve the purposes of this section and will not have a detrimental impact on the neighborhood. The minimum setback from all property lines for Assisted living residence, Independent living units, or any buildings in a Continuing care retirement community shall be fifty feet (50 ) in all districts, except that the minimum setback shall be 100 feet from the side or rear lot line, as applicable, abutting an existing single-family dwelling. Nothing in this section shall preclude the Planning Board from reducing or waiving minimum setback requirements between buildings to internal lots created within the SLC. D. No dwelling unit in a SLC shall have more than two bedrooms. E. The minimum distance between buildings in any SLC shall be fifteen feet (15 ).
Page 3 of 7 F. The minimum common open space in the development shall be thirty percent (30%) of the lot area and not more than twenty-five percent (25%) of the required minimum common open space shall consist of wetlands (as defined in MGL c.131, 40). The upland open space shall be contiguous and usable by residents of the development. For cottage, duplex or triplex style dwellings there shall be at least 5,000 square feet of upland area per unit in the SLC. A permanent Conservation Restriction running to or enforceable by the Town shall be recorded for the common open space area and shall include restrictions that the land be retained in perpetuity for conservation or passive recreation. G. All SLC dwelling units shall be subject to an age restriction described in a deed, deed rider, restrictive covenant, or other document approved by the Planning Board that shall be recorded at the Registry of Deeds and/or Land Court. The age restriction shall limit occupancy of dwelling units to individuals age 60 or over, and may provide for timelimited guest visitation rights of not more than one month per year. The restriction, if the Planning Board so approves and specifies in the special permit, may authorize special exceptions that allow persons of all ages to live in a dwelling unit together with a senior resident for purposes such as care of a senior in ill health or enabling seniors to fulfill legal responsibilities of guardianship or custody. The special permit including age restriction shall run with the land in perpetuity and shall be enforceable by the Town and/or any owner(s) of the SLC dwelling units. In the event of the death of the qualifying owner or occupant(s) of a dwelling unit, or foreclosure or other involuntary transfer of a unit within the SLC, a one-year exemption to the restriction shall be allowed for the transfer of the unit to another eligible occupant. H. Minimum off-street parking requirements shall comply with Article 6.4, except as modified by the following standards: i. Single family or Cottage style dwellings: two (2) spaces per unit ii. Independent living units: one (1) space per unit iii. Assisted living residence: one (1) space per two units iv. Skilled nursing facility or physical rehabilitation center, if included in a Continuing care retirement community: 1 space per two beds v. Guest parking: one (1) space per two (2) units or three (3) beds, as applicable I. All streets within a SLC shall be private, and all sewerage, drainage facilities and utilities shall be designed and constructed in compliance with the Town of Wrentham Subdivision Rules and Regulations, except as modified by the following standards: i. The minimum width of paved roadways shall be twenty-two feet (22 ). ii. There shall be a five foot (5 ) sidewalk installed along one side of the roadway. J. A SLC may have one (1) free standing sign at each principal access to the development from a public way, indicating the name and/or street address of the SLC. Such sign shall not exceed twelve (12) square feet in area per side or four (4 ) feet in height. The provisions of Article 18 shall also apply to signage within the SLC. K. A SLC shall have an amenity structure designed to allow for a variety of passive and active recreational activities that support the resident of the SLC. Such uses that may be considered are community program spaces, fitness/therapeutic space, educational, recreational and accessory space; areas for neighborhood meetings and event space; and
Page 4 of 7 any other amenities and opportunities that are intended to create and promote an integrated neighborhood type environment. 13.5.5 Affordable Housing In an effort to provide a diversity of housing stock within the development and the Town of Wrentham, a developer of a Senior Living Community (SLC) project shall provide Affordable Housing Units (AHU). The following provisions shall not apply to assisted living residences, skilled nursing or physical rehabilitation facilities: A. Ownership Units. For projects containing homeownership units, not less than five percent (5%) of the total housing units constructed in a project shall be affordable. B. For projects containing rental units, not less than twenty-five percent (25%) of the total housing units in any building containing rental units shall be affordable. C. For purposes of calculating the number of units of affordable housing required within a project, any fractional unit of 0.5 of greater shall be deemed to constitute a whole unit. D. Affordable Housing Units shall be dispersed throughout the Building(s) in a development and shall be comparable to market housing units in terms of location, quality and character, room size, and external appearance. E. The selection of qualified purchasers or qualified renters shall be carried out under a marketing plan approved by the Planning Board and shall comply with DHCD s Local Initiative Program guidelines. The marketing plan must describe how the applicant will accommodate local preference requirements, if any, established by the Board of Selectmen. F. Developers may sell AHUs to the Town of Wrentham, the Wrentham Housing Authority, or to any non-profit housing development organization that serve the Town of Wrentham, in order that such entity may carry out the steps needed to market the AHUs and manage the choice of buyers. G. Affordable Housing Units shall comply with the requirements of Massachusetts Department of Housing and Community Development (DHCD) to assure that the AHUs are eligible for listing on the Town s Chapter 40B Subsidized Housing Inventory and affordability shall be assured in perpetuity through the use of an Affordable housing restriction as defined in MGL c. 184, 31. H. The Planning Board may approve one (1) or more of the following methods for the provision of AHU: i. The AHUs may be constructed or rehabilitated on the locus of the development. ii. The AHUs may be constructed or rehabilitated on a locus different from that of the development. The Planning Board may allow a developer of non-rental Dwelling Units to develop, construct or otherwise provide AHUs reasonably equivalent to those required by this Section in an off-site location in the Town of Wrentham. All requirements that apply to on-site provisions of AHUs shall apply to the provision of off-site AHUs. In addition, the location of the off-site AHUs shall be approved by the Planning Board as an integral element of the development review and approval process. iii. A donation of land may be made in lieu of providing AHUs. An applicant may offer, and the Planning Board may accept, subject to approval of the Board of
Page 5 of 7 iv. Selectmen, donations of land in fee simple, on- or off-site, that the Planning Board determines are suitable for the construction of an equivalent number of AHUs. Land donated for this purpose shall be subject to a restriction assuring its use for affordable housing. Prior to accepting land as satisfaction of the requirements of this Section, the Planning Board may require the applicant to submit an appraisal or other data relevant to the determination of suitability for an equivalent number of AHUs. An equivalent fee in lieu of units may be made. The Planning Board may allow a developer of non-rental Dwelling Units to make a cash payment to the Town through its Affordable Housing Trust for each AHU required herein. The cash payment per unit shall be in accordance with the following formula: Two times an amount equal to eighty percent (80%) of area median income as determined annually by the U.S. Department of Housing and Urban Development. 13.5.6 Optional Incentive Provisions The SPGA may approve density bonuses pursuant to one or more of the following provisions, provided, however, that in no case shall the density bonus be greater than a fifteen percent (15%) increase in the number of bedrooms permitted in the applicable senior living community. A. Affordable Option. A density bonus may be permitted when the proposed community provides affordable housing opportunities consistent with the most recent Wrentham Housing Production Plan. For each affordable housing unit provided under this section, four additional bedrooms may be permitted subject to the fifteen percent (15%) limitation expressed in Section 13.5.6. Affordable units shall be developed concurrently with the market rate units in the development. Affordability shall be assured in perpetuity through the use of an affordable housing restriction as defined in MGL c. 184, 31. B. Recreational Open Space. A density bonus may be permitted when the proposed community provides for public access to recreation facilities and/or recreational fields within the community or when they are deeded to the municipality or open to public use, four additional bedrooms may be permitted subject to the fifteen percent (15%) limitation expressed in Section 13.5.6. Recreational space that is open to public use shall be accessible from a public way and adequate parking shall be provided to meet anticipated demand. C. Open Space Option. A density bonus may be permitted when the proposed community provides additional open space. For every five (5) acres of land that is donated to the municipality or land trust, four additional bedrooms may be permitted subject to the fifteen percent (15%) limitation expressed in Section 13.5.6. Land regulated by MGL c.131, 40 shall not be used to satisfy this optional incentive. D. Provision for off-site locations. The SPGA may accept the off-site location of affordable housing, recreational space or open space for the purpose of satisfying the optional incentive provisions. 13.5.7 Age-Appropriate Design A. A Senior Living Community (SLC) shall be designed to provide housing options in a setting that encourages and supports aging in the community. While units do not have to be age restricted by deed to adults 60 years and over, they must be visitable and
Page 6 of 7 designed for people as they age. At a minimum, these terms mean that a SLC shall have the following features: i. Single family and Cottage style dwelling units shall provide for: a. At least one zero-step entrance, b. Doorways with a 36-inch clear passage space, Master bedroom and an accessible en suite bathroom located on the same floor as the kitchen, living room, and dining room, all being on the same floor as the zero-step entrance, c. Master bedroom and en suite bathroom designed and equipped for seniors and people with mobility impairments, and d. Indoor or structured parking. B. Independent living units and Assisted living facilities shall comply with the accessibility requirements of the Massachusetts Architectural Access Board (MAAB). C. Outdoor facilities, such as walkways, gardens and recreation areas, shall be designed for universal access. 13.5.8 Development Standards As part of the Planning Board s special permit review process, the Board shall evaluate the proposed Senior Living Community (SLC) for conformance to the following minimum design standards. A. Architectural planning and design shall incorporate energy efficient design techniques, such as natural heating and cooling systems, use of sun and wind energy generation systems, and so forth. B. Structures located near the project property lines shall be designed and located in a manner that reflects consistency and compatibility with neighboring areas, and shall include appropriate use of building density, heights and design to minimize intrusion on neighbors. C. Outdoor recreation or gathering areas, particularly those that may generate significant noise and/or light and glare, shall be located to minimize intrusion on neighboring properties. D. Structures shall be clustered to reduce site disturbance and protect open spaces, natural and environmentally sensitive areas. E. Site design shall limit large grass areas and provide adequate access to shared amenities. F. Building design shall avoid use of long, unbroken facades, and shall include use of balconies, offset wall, trellises and other design elements to provide visual interest. G. Building design, colors and materials shall generally correspond to the natural setting of the project site and promote the appearance of the Town's New England character. H. Walking trails shall be accessible to all abilities and installed throughout the project. I. The development shall be served by public water. J. The Planning Board reserves the right, at its sole discretion, to impose more stringent standards and/or reduce the number of units to ensure that impacts generated by the project are adequately addressed with the following considerations: i. Slopes defined as Moderate Slope; ii. Public water capacity; and
Page 7 of 7 iii. Capacity and safety of associated roadways and infrastructure (extending stopping distances, sight line distances, and other similar traffic circulation issues, etc.) 13.5.9 Procedures A. The special permit application, public hearing, and decision procedures shall be in accordance with this article, the Planning Board s Rules and Regulations, and Section 7 of this Zoning Bylaw. B. The Applicant shall submit a SLC special permit application together with the size, form, number and contents of the required plans and any supplemental information as required in the Planning Board s Rules and Regulations and Article 7 of this Zoning Bylaw. C. The Planning Board may waive the requirements of Article 13.5 of this Zoning Bylaw by a super majority vote where such waivers will allow for better design and/or improved protection of resources. 13.5.10Decision A. The Planning Board may grant a Senior Living Community (SLC) special permit with any conditions, safeguards, and limitations it deems necessary to mitigate the project s impact on the surrounding area and to ensure compliance with this article, only upon finding that: i. The proposed SLC will not have adverse effects that outweigh its beneficial effects on either the neighborhood or the Town, in view of the characteristics of the site and of the proposal in relation to that site, considering each of the following: a. Social, economic, or community needs which are served by the proposal; b. Traffic flow and safety; c. Adequacy of utilities and other public services; and d. Qualities of the natural environment. ii. The design of building form, building location, egress points, grading and other elements of the project could not reasonably be altered to: a. Improve pedestrian, bicycle or vehicular safety within the site and egressing from it; b. Reduce visual intrusion of parking areas viewed from public ways or abutting premises; c. Reduce volume of cut or fill, or reduce erosion; d. Reduce number of removed trees of six inches in trunk diameter at breast height, measured at 4.5 feet above ground and larger; and e. Provide safer and more efficient access to each structure for fire and service equipment. iii. The SLC meets the purposes, requirements, and development standards of this Article 13.5, and iv. The SLC is consistent with the goals of the Wrentham Master Plan and Housing Production Plan.