Hadley City Zoning Code

To provide a variety of housing choices for persons who are 55 years of age and older;

To provide well-designed, affordable homes for residents who wish to remain in the community;

To recognize the importance of diversity and variety in the design of senior housing developments;

To provide types of housing which reduce residents' burdens of building and yard maintenance and which reduce demands on municipal services;

To promote flexibility in land use planning in order to strengthen neighborhoods, improve site layouts, and protect natural features and environmental values;

To provide for a greater variety of uses and building types at a higher density than would normally be allowed, and allowing greater flexibility in site planning so as to promote affordable housing and the preservation of open space and historic resources within the development; and

To provide for the review of all such proposals prior to construction, to ensure compliance with the above intent and objectives and to assure that the proposal will not result in or contribute to incompatible use of the land, pollution of the soil or groundwater, traffic congestion or inappropriate site development.

The Senior Housing Overlay District shall consist of the areas specified as Central Senior Housing Overlay District and Rural Senior Housing Overlay District as delineated on the Hadley Zoning Map. Collectively, the Central Senior Housing Overlay District and the Rural Senior Housing Overlay District shall be known as the Senior Housing Overlay District. All provisions of the Senior Housing Overlay District Bylaw shall apply to both the Central Senior Housing Overlay District and Rural Senior Housing Overlay District unless specifically stated otherwise.

Applicability standards for a Senior Housing Development.

Uses in the Senior Housing Overlay District developments.

Age qualification. A Senior Housing Development shall constitute housing intended for persons of age 55 or over within the meaning of MGL c. 151B, § 4, Subsection 6, and 42 U.S.C. § 3607(b)(2)(c), and in accordance with the same, 100% of the dwelling units in a Senior Housing Development shall each be occupied by at least one person 55 years of age or older per dwelling unit. In the event of the death of the qualifying occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in a Senior Housing Development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household.

Applicant qualifications. The applicant for a Special Permit for a Senior Housing Development shall be the owner of the land proposed for such development or be authorized in writing by the owner to apply for and be issued such Special Permit.

Number of dwelling units and bedrooms permitted. The maximum number of dwelling units and bedrooms permitted in a Senior Housing Development shall not exceed:

Maximum number of senior housing dwelling units in the Town of Hadley. The maximum number of permitted housing units within all permitted senior housing developments in the Town of Hadley shall be limited to a number equivalent to 10% of the existing single-family residential housing units. (excluding Senior Housing Development units) located in the Town of Hadley. For the purpose of this bylaw, the number of single-family residential housing units shall be as established by the Board of Assessors as of January 1 of the calendar year.

The Board may waive this limitation if the Board finds that the proposed development fulfills a critical senior housing need for the Town of Hadley or the surrounding region.

Building and dwelling unit requirements. The following requirements shall apply to all buildings and dwelling units in a Senior Housing Development:

Dimensional requirements.

Distribution of dwelling unit types. In a Senior Housing Development, the distribution of dwelling unit types shall be at the discretion of the applicant, except for the following standards:

Affordability requirement. All projects must comply with the requirements and provisions of Section XXV, Inclusionary Zoning.

Accessory buildings and structures. In a Senior Housing Development, accessory buildings and structures may be permitted, including clubhouse, swimming pool, tennis court, cabanas, storage and maintenance structures, garages, and other customary accessory structures. Accessory buildings and structures shall be shown on the site plan.

Parking. Parking for motor vehicles shall be provided as follows:

Private roads. Roads and driveways within a Senior Housing Development shall meet such width, grades, radius of curvature and construction standards as the Planning Board shall determine, based upon the standards provided in the Hadley Subdivision Regulations. These standards may be waived or modified by the Planning Board to meet site conditions or specific design requirements or to promote a physical development plan that is in keeping with the character of the surrounding neighborhood. The construction and maintenance of roads, driveways, alleyways, and parking areas in a Senior Housing Development are the sole responsibility of the project applicant or an association of dwelling unit owners.

Other facilities. All facilities for utility services, drainage, lighting and signage shall be in accordance with requirements established by the Planning Board, consistent with applicable provisions of Hadley Zoning Bylaw and the Hadley Subdivision Regulations.

Project maintenance. In a Senior Housing Development there shall be a management company in the case of rental units or an organization of the owners of the residential dwelling units, either a condominium or homeowners' association, which shall be responsible for the maintenance and repair of internal roads and driveways, snowplowing, landscape maintenance, trash removal, utility services and maintenance and repair of other common elements and facilities serving the residents. The Town of Hadley shall assume no responsibility for these facilities unless specifically noted under separate agreement.

Wastewater disposal. In every development wastewater disposal shall comply with the regulations of the Hadley Board of Health and applicable Massachusetts Department of Environmental Protection regulations. No Senior Housing Development shall be approved that is not served by the public sewer system.

Water supply. No Senior Housing Development shall be approved that is not served by the Hadley public water supply system.

Footprint limitation. Within the Central Senior Housing Overlay District which exists within the Village Center Overlay District, Section 19.2.9.2 of the Hadley Zoning Bylaw may be waived by the Planning Board upon a determination that the appearance of the building is suitable for the neighborhood taking into consideration, without limitation, the building setback, shielding, landscaping, and massing when viewed from public ways.

All Senior Housing Developments shall be subject to Section XVII, Farmland Preservation Bylaw, of the Hadley Zoning Bylaw.

Open space required: minimum 15% of total site which shall supersede the underlying zoning district requirement. In this area, the open space areas shall be selected to maximize the value of wildlife habitat, shall be contiguous to the extent required to preserve significant habitat, and shall be configured to minimize the perimeter to surface area ratio in order to preserve large blocks of undisturbed land. The open space shall be left in an undisturbed, natural state. Landscape plantings shall not be permitted, except in areas where revegetation may be necessary as determined by the Planning Board. If revegetation of any area is within the jurisdiction of the Conservation Commission, the Commission shall determine the type and extent of plantings, to be compatible with the values and functions of the wetland and upland resources of the site. The Planning Board may waive open space requirements, except the 15%, of this section when in the judgment of the Board such action is in the public interest and not inconsistent with the Senior Housing Overlay Bylaw.

Ownership of open space. The open space shall be owned in common by the owner(s) of the dwelling units in the Senior Housing Development, or by an organization or entity owned and controlled by such dwelling unit owner(s), or may be conveyed to the Town or another nonprofit organization whose principal purpose is the preservation of open space, for conservation purposes. A conservation restriction enforceable in perpetuity shall be recorded on all open space parcels providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking, roadway or active recreation.

Natural and neighborhood features. The plan for a Senior Housing Development shall be designed to maximize the preservation of natural and neighborhood features. To the extent possible, existing vegetation should be retained where such growth provides a benefit to the natural environment. In developed areas, the design of the Senior Housing Development shall also consider human-designed landscapes by extending existing street tree plantings and by providing landscapes and landscape amenities that reinforce the physical layout of the neighborhood.

Pedestrian facilities. The plan for a Senior Housing Development shall incorporate pedestrian systems that allow for the convenient and safe movement of those who choose to walk for leisure or as a means of transportation. Connections to the Town's existing or planned sidewalk network shall be made by the applicant where possible.

Transit access. The applicant shall make every reasonable effort to ensure adequate access to transit routes, including bus stops, from the Senior Housing Development.

Landscaping and screening. All service areas and equipment, rubbish and recycling containers, service outbuildings, and any other accessory facilities identified by the Planning Board shall be adequately screened from the view of public ways and adjacent properties using vegetative plantings, fencing, berms, or a combination of these techniques.

Architectural appearance. All buildings shall conform to appearances as detailed in Section XIX, Village Center Overlay District, of the Hadley Zoning Bylaw. Architectural style shall be consistent with the historic structures in the Hadley Town center and shall include peaked roofs; exteriors faced with the appearance of wooden clapboards, brick or stone; and differentiated facade treatments.

Pre-application. The applicant is strongly encouraged to request a pre-application review at a regular meeting of the Board. The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts and to commence negotiations with the Board and/or its technical experts and set a timetable for submittal of a formal application. Preliminary submission is very strongly encouraged by the Board as a way of helping applicants and officials develop a better understanding of the site and to help establish an overall design approach that respects the site's noteworthy features while providing for the density permitted under the Senior Housing Zoning Bylaw. In order to facilitate review of the proposed senior housing at the pre-application stage, applicants shall submit a conceptual plan. A conceptual plan shall be submitted regardless of the applicant requesting a pre-application meeting.

Conceptual plan. The submission requirements for a conceptual plan shall consist of the following three elements and shall be prepared in accordance with the drafting standards and plan requirements described herein:

Historic certification. The Senior Housing Development application shall be accompanied by a certification from the Historical Commission, or historic consultant approved by the Board, of all historically and/or architecturally significant buildings, landscape features and supporting structures located on site.

Formal application for Special Permit. Any applicant who desire a Special Permit for construction of a Senior Housing Development shall submit a written application to the Planning Board. Each such application shall be accompanied by the following information:

Reports from Town Boards or agencies. The Planning Board shall transmit forthwith a copy of the application and plan(s) to the Board of Selectmen, Board of Health, Conservation Commission, Park and Recreation Commission, Board of Assessors, Building Inspector, Fire Department, DPW/Highway Division, and Police Department. Failure of any such board or agency to make a written recommendation or submit a written report within 35 days of receipt of the application shall be deemed a lack of opposition. The applicant shall also be required to provide additional copies of the application and plan(s) to the Board's consulting engineer(s) for review. The cost of such review shall be paid by the applicant.

The Senior Housing Development complies with the purposes of this Bylaw as stated herein;

The Senior Housing Development is in an appropriate location and does not significantly adversely impact the character of the neighborhood;

Adequate and appropriate facilities will be provided for the proper operation of the Senior Housing Development;

The Senior Housing Development use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials or other visual nuisances;

The Senior Housing Development use would not cause undue traffic congestion in the immediate area;

The Senior Housing Development responds to the recommendations of Town boards and agencies; and

The granting of the Special Permit would not result in unsuitable development of the land in question.

The applicant shall have submitted to the Planning Board detailed plans showing the locations, designs and layouts of such buildings and all driveways and accessory structures included in such stage or phase;

The applicant shall have provided security by covenant, bond or other means satisfactory to the Planning Board securing the construction and installation of driveways, utilities, drainage and related services in such phase; and

The Planning Board shall have so notified the Building Inspector of its review and approval of each phase. The Planning Board may, in a Special Permit for a Senior Housing Development, set forth further requirements and conditions as the Board shall deem appropriate to accomplish the purposes of this bylaw, including requirements of recording of plans and documents and report thereof to the Board.

Failure to begin construction within 12 months of date of issue of Special Permit by the Board; or

Failure to accomplish substantial completion of a Senior Housing Development within 24 months of date of issue of Special Permit by the Board.