Chelmsford City Zoning Code
ARTICLE XVII
Facilitated and Independent Senior Living Facilities
§ 195-87 Purpose.
Facilitated and independent senior living facilities are allowed in a variety of zoning districts by special permit from the Planning Board. The intent of this chapter is to provide the opportunity for the development of the types of multifamily and communal housing most beneficial for the senior and elder population of Chelmsford. The provision of senior affordable housing is an important goal of the chapter.
A.
Facilitated living facilities provide private or communal lodging for persons requiring limited medical attention or supervision and who ordinarily are ambulatory. These include, but are not limited to, assisted living facilities, Alzheimer's facilities and congregate living facilities.
B.
Independent senior living facilities are intended to provide a safe, suitable age-restricted dwelling unit for a senior couple or individual who is able to live independently. Open space preservation is an important facet of independent senior living projects and is meant to provide the residents of the project with opportunities for active and passive recreation.
§ 195-88 Dimensional standards.
The following dimensional standards shall apply to facilitated and independent senior living facilities:
RM | CA | CB | CC | CD | CV | IA | |
|---|---|---|---|---|---|---|---|
Minimum lot area (acres)1 | 5 | 5 | 5 | 5 | 5 | 3 | 7 |
Minimum lot width (feet) | 150 | 125 | 150 | 200 | 50 | 50 | 150 |
Minimum lot depth (feet) | 150 | 125 | 0 | 200 | 0 | 0 | 150 |
Minimum frontage (feet) | 150 | 125 | 150 | 200 | 50 | 50 | 150 |
Minimum front yard (feet) | 40 | 20 | 60 | 60 | 20 | 20 | 40 |
Minimum side yard (feet) | 25 | 40 | 40 | 40 | 40 | 40 | 40 |
Minimum rear yard (feet) | 30 | 40 | 40 | 40 | 40 | 40 | 40 |
Minimum building separation (feet) | 25 | 25 | 25 | 25 | 25 | 25 | 25 |
Maximum building coverage (percent) | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
Maximum building height (feet) | 35 | 35 | 35 | 35 | 35 | 35 | 35 |
Minimum open space - independent senior living (percent)4 | 0 | 30 | 30 | 30 | 30 | 30 | 30 |
Maximum number of units per acre - facilitated living2 | 8 | 7 | 7 | 7 | 7 | 7 | 7 |
Maximum number of units per acre - independent senior living | 8 | 43 | 43 | 43 | 43 | 7 | 43 |
NOTES: |
|---|
1A smaller lot size may be allowed by special permit from the Planning Board where such smaller lot is determined to promote the objectives of this Article XVII. |
3Exclusive of open space requirement. Tract size minus open space requirement minus wetlands/floodplain not included in open space requirement times units per acre equals maximum number of units per tract. Total may be increased to six units per acre by special permit from the Planning Board upon a finding that the density increase will not be detrimental to the intent of the chapter and shall meet the criteria of § 195-91.1. |
4May be partially or completely reduced by special permit from the Planning Board upon a finding that the reduction of the open space requirement will not be detrimental to the intent of the chapter and shall meet the criteria of § 195-91.1. |
§ 195-89 General standards.
A.
The entire site shall be a size and shape as shall provide a housing site that will be in harmony with the natural terrain and other features of the site and will preserve natural vistas and the character of the neighborhood.
B.
No site on a plan for which an approval is granted under this section may be subdivided so as to create additional lots. A notation to that effect shall be shown on the site plan.
C.
Sites abutting residentially zoned land shall provide a landscaped buffer strip 50 feet in width or a strip as set forth in § 195-43, whichever is larger, to provide adequate screening for adjacent properties. No structure, driveway, parking area or sidewalk shall be located in the landscaped buffer strip. A smaller buffer may be allowed by special permit from the Planning Board where such smaller buffer is determined to promote the objectives of this Article XVII.
D.
Driveways and parking areas within the development shall be constructed in accordance with Article V, Off-Street Parking and Loading. Sidewalks conforming to the Planning Board Subdivision Rules and Regulations[1] shall be required by the Planning Board. Additional requirements linking pedestrian circulation systems may be required by the Planning Board.
E.
Buildings shall be designed to be complementary in exterior design with each other and with the existing neighborhood in which the facility is located. Dwellings constructed under this section shall not be eligible for subsequent conversion to conventional apartments with the exception of projects in the RM District.
F.
The method(s) of implementing age restrictions of seniors and elders shall be to the satisfaction of the Planning Board.
G.
The Planning Board may set additional site security and safety requirements as deemed necessary to ensure the security and safety of the residents of the facility.
H.
Adaptability requirements for facilitated and independent senior living projects. All units shall be constructed to be handicap adaptable according to the standards of Section 504 of the Americans with Disabilities Act of 1990, 42 U. S. C. § 12204 and ANSI A117.1.
I.
Developments approved as rental projects shall not be converted to condominiums.
§ 195-90 Open space requirements.
The minimum required open space set forth in § 195-88 shall be contiguous open space, excluding required yards and buffer areas. Such open space may be separated by the road(s) constructed within the site. The percentage of the open space which is wetlands, as defined pursuant to MGL c. 131, § 40, shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in the open space upon a demonstration that such inclusion promotes the purposes set forth in this Article XVII.
A.
The required open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.
B.
The required open space shall remain unbuilt upon, provided that 10% of such open space may be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks and bike paths.
C.
Underground utilities to serve the site may be located within the required open space.
D.
The required open space shall, at the Planning Board's election, be conveyed to:
(1)
The Town of Chelmsford or its Conservation Commission.
(2)
A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above.
(3)
A corporation or trust owned jointly or in common by the owners of lots within the site. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of the open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot.
(a)
Each such trust or corporation shall be deemed to have assented to allow the Town of Chelmsford to perform maintenance of the open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the Town an easement for this purpose. In such event, the Town shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the Town may perform it. The owner of each lot shall be deemed to have assented to the Town filing a lien against each lot in the development for the full cost of such maintenance, which liens shall be released upon payment to the Town of same.
(b)
Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval and shall thereafter be recorded in the Registry of Deeds.
E.
Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded restriction enforceable by the town, provided that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.
§ 195-91 Independent living standards.
A.
All dwelling units and common areas shall be constructed to be handicap adaptable in accordance with Section 504 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12204, ANSI A117.1 and the requirements of the Massachusetts Architectural Barriers Board.
B.
Units shall contain no more than two bedrooms.
C.
Units shall have a maximum habitable living area of 1,600 square feet.
§ 195-91.1 Affordability standards for facilitated and independent senior living projects.
The Planning Board shall only grant a density bonus for a project that provides rental units. The Planning Board may grant a density bonus upon a finding that such increase is determined to promote the objectives of Article XVII and according to one of the criteria listed below. Where there is more than one size or style of unit in a project the affordable units shall comprise the same percentage as market rate units.
A.
One-half of all additional units created through density bonuses shall be maintained as affordable units according to Department of Housing and Urban Development Section 8 Voucher Program or such other program agreeable to the Planning Board, Chelmsford Housing Authority and the applicant. The term "affordable" shall be as defined by the Massachusetts Department of Housing and Community Development for Chelmsford.
B.
A contribution pursuant to MGL c. 44, § 53A for the creation of units of senior and elder affordable housing.
C.
Such other method agreed to by the Planning Board and the applicant.