North Andover City Zoning Code
ARTICLE 13
CONTINUING CARE RETIREMENT CENTER
§ 195-13.1 Establishment; permitted districts; special permit required.
[Amended 5-16-2023 ATM by Art. 33]
There is established a continuing care retirement center (CCRC) as a permitted use under the special permit provision of this bylaw. Such permitted use may only be authorized in existing Residence 1, Residence 2 and Village Residential Districts. A CCRC parcel may include land which is in the Residence 1 District, provided that no development shall be permitted in the Residence 1 portion of a CCRC parcel in excess of 10% of the lot areas of the Residence 1 portion within such CCRC parcel. The authorization will empower the Planning Board to review and approve a definitive plan under the special permit provisions in § 195-10.7 and as otherwise provided for in this Article 13.A CCRC shall include a nursing home care facility and congregate housing units and may also include independent dwelling units and assisted living units. Should an applicant propose a second CCRC, the second CCRC may include any or all of the foregoing housing types, but need not contain a nursing home care facility or congregate housing units on the lot of the second CCRC, provided that the second CCRC and all housing types on the lot are affiliated with its existing nursing home care facility in the Town of North Andover.
§ 195-13.2 Purpose.
The purpose of the CCRC is to provide for the development and use of specialized housing and nursing care for the elderly on the basis of the Town Meeting's authorization to the Planning Board to issue a special permit in the permitted districts with greater flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, including home health care, housing and other supportive services designed to meet the needs of the elderly population and to enable that population to live independently. It is further intended to encourage the preservation of open spaces; to allow for new nursing care facilities and housing that causes relatively little demand on Town services; and to preserve the Town's residential character. In creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC is intended to allow for a greater mixture of buildings, structures and uses with regard to density than is otherwise permitted, thereby allowing for the nursing care of the elderly and the relief of the physical, economic and emotional stress associated with the maintenance and care of traditional nursing home and residential properties.
§ 195-13.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ASSISTED LIVING UNITS
Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwelling units may not include facilities for cooking or eating.
CONGREGATE HOUSING UNITS
Dwelling units providing private or communal living for elderly persons who ordinarily are ambulatory and require no or limited medical attention or supervision. Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one, two, or three persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and sleeping.
ELDERLY
A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older.
HOME HEALTH CARE
Medical and therapeutic services provided to residents in their dwelling units.
INDEPENDENT DWELLING UNITS
Dwelling units similar in character and use to congregate housing units and providing elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of freestanding buildings which contain up to five dwelling units per structure.
NURSING HOME CARE FACILITY
A facility for the care of elderly persons requiring regular attention by medical or nursing personnel for reasons of age, ill health or physical incapacity and which has been licensed as a long-term care facility by the Massachusetts Department of Public Health.
[Amended 5-16-2023 ATM by Art. 33]
WETLANDS
Any area within a parcel of land in a CCRC falling within the definition contained in Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any regulations promulgated pursuant to said chapter.
§ 195-13.4 Permitted uses.
A.
Principal uses. The following uses shall be permitted in a CCRC:
(1)
Nursing care facilities;
(2)
Congregate housing units;
(3)
Independent dwelling units;
(4)
Assisted living units;
(5)
Home health care;
(6)
Facilities for supportive services, including, but not limited to, medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchen facilities and laundry facilities. These and others shall be designed for the primary use of residents. Such supportive services may not be designed or used as a general business for the larger community of North Andover and environs;
(7)
Any other use deemed reasonably necessary or ancillary by the Planning Board to facilitate the uses described above, meaning and intending to permit those services and programs customarily offered in a CCRC.
§ 195-13.5 Standards and restrictions.
A.
Minimum lot size. A CCRC shall be permitted only within a single lot containing a total area of not less than 25 acres. Existing public or private ways need not constitute boundaries of the lot, but the area within such ways shall not be counted in determining minimum lot size. As used in this Article 13, "parcel" and "lot" shall have the same meaning.
B.
Permissible density. Unless in compliance with the bonus density provisions of § 195-13.6, the dwelling unit density shall not exceed an average of four units per acre in a parcel which is located within the Residence 1 District or Residence 2 District and five units per acre in a parcel which is located within the Village Residential District exclusive of the nursing care facility. When a parcel is located in a combined portion of either the Residence 2 and Residence 1 Districts or the Village Residential and Residence 1 Districts, a density factor of two units per acre shall be applicable to the portion in the Residence 1 District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in excess of 10% of the lots area in that portion of the CCRC parcel located in the Residence 1 District nor shall any development in a Residence 2 or Village Residential District adversely impact the Residence 1 District. For parcels which are located in a combined portion of the Residence 1 or Residence 2 Districts and the Village Residential Districts, the permissible density for each district shall be applicable. Also, in no event shall the total number of independent dwelling units exceed 15% of the total number of dwelling units otherwise allowed in any CCRC parcel. Further, in no instance shall the floor area ratio of the entire project exceed 0.25, nor shall the total number of dwelling units exceed 300 for any parcel regardless of total acreage or density bonuses provided under § 195-13.6.
C.
Maximum lot coverage. In no event shall the maximum lot coverage of buildings and structures exceed 25%.
D.
Dimensional requirements.
(1)
Perimeter setback. The setback area is intended to provide a perimeter greenbelt around the CCRC, except for road and utility crossings. No building or other structure shall be located within 100 feet of perimeter lines of the CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement. A perimeter landscaping plan shall be submitted to the Planning Board for its approval, provided that nothing shall prevent the construction of walls and fences. The Planning Board may authorize or require landscaping in the Residence 1 District if it is consistent with the objective of screening the CCRC from existing or potential residential development.
(2)
Minimum frontage. Frontage on any public street or way shall be 150 feet, except on Route 114 where, for reasons of public safety, the minimum frontage shall be 250 feet.
(3)
Maximum height. The height of any structure shall not exceed three stories and in no event more than 35 feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and similar traditional roof appurtenances. Further, the Planning Board may exempt ornamental or nonhabitable architectural features added for aesthetic purposes.
E.
Common open space. Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or service areas which is not set aside as private yards, patios or gardens for residents shall be common open space. Further, all common open space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions. The area of common open space shall equal at least 50% of the total area of the CCRC parcel or lot, and no more than 25% of the minimum required common open space shall be situated within wetlands. The common open space shall have a shape, dimension, character and location suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes by the residents of the CCRC. Further a permanent conservation restriction of the type described in MGL c. 184, § 31 (including future amendments thereto and corresponding provisions in future laws), running to or enforceable by the Town, shall be recorded with respect to the common open space. Such restrictions shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, recreation or agriculture. Such restriction shall be in a form and substance as the Planning Board shall prescribe, including the management of said conservation restriction by the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other agency or body, all as subject to the approval of the Planning Board.
F.
Parking.
(1)
The minimum number of parking spaces provided in connection with the uses permitted under this article shall be as follows:
(a)
Nursing care facility: one parking space for every sleeping room for single or double occupancy.
(b)
Congregate housing, assisted housing and independent dwelling units: one parking space for each unit.
(2)
The Planning Board shall have the discretion to waive the applicant's compliance with these parking requirements, provided that the applicant's plans demonstrate the capacity to fully comply with all other requirements of Article 13.
G.
Public safety. The Planning Board shall require all CCRC applications to include statements, drawings and/or plans indicating that all applicable public safety devices (including fire safety and suppression devices) have been provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, applicants are advised to incorporate sprinkler systems in accordance with provisions of the National Fire Protection Association (NFPA 13D).
H.
Public sewer. All CCRC projects shall be connected to the public sewer system. The North Andover Department of Public Works shall review all proposed sewering plans and report to the Planning Board as to their adequacy.
§ 195-13.6 Bonuses.
A.
Affordable housing. For all CCRCs, the total number of allowable dwelling units may be increased up to 50%, if the applicant designates at least 10% of the total number of units for use as affordable housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance with income and asset limitations established by the authorizing state or federal agency. The applicant may choose to meet affordable housing requirements directly by utilizing similar income and asset standards and establishing rents, sales prices or entry fees for units which are determined to be generally consistent with those established under the various subsidy programs. For this purpose, the Planning Board, in consultation with the Housing Authority, may establish the rent, carrying charge, maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as affordable housing units for the life of the CCRC development. In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing units, to the Town, Housing Authority or any public or nonprofit agency which is authorized to develop or support affordable housing for the elderly. The rate of contribution shall be $2 per square foot of gross floor area of all buildings and structures, exclusive of pools and parking. The granting of this density bonus shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the bylaw.
B.
Open space. The total number of allowable dwelling units may be increased by 15% if the proposed CCRC provides 75% usable open space consistent with the definition of "open space" in this article. The granting of this bonus density shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the bylaw.
§ 195-13.7 Subdivision procedures; density bonus limitations.
A.
Facilities proposed to be built in a CCRC shall be subject to the following procedures:
(1)
The applicant shall be required to meet with the Planning Board to discuss the following: the provisions of Article 13 and other referenced sections; the elements of the proposed development; and the requirements and specific provisions of the preliminary site plan. The applicant shall submit a preliminary site plan to the Planning Board for its review and recommendations.
(2)
The applicant will be required to submit a "definitive plan" in accordance with the applicable provisions of § 195-11.3. The Planning Board may issue a special permit if it determines that all of the applicable requirements for the CCRC have been met and the definitive plan is generally consistent with the preliminary site plan.
B.
Relationship to subdivision regulations. The requirements of the special permit in no way or manner release the applicant from the requirements of the Subdivision Regulations of the North Andover Planning Board.[1]
[1]
Editor's Note: See Ch. 255, Subdivision of Land.
C.
Density bonus limitations. The use of all density bonuses provided herein may not exceed 50%.