Wayland City Zoning Code
ARTICLE 21
Senior and Family Housing Overlay District
[Added 4-28-1997 STM by Art. 5]
§ 198-2101 Purpose.
2101.1.
The purpose of the Senior and Family Housing Overlay District (SFHOD) is to:
2101.1.1.
Provide a residential environment that offers supportive services to individuals 55 years of age or older who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as dressing, bathing, toileting and nutrition;
2101.1.2.
Provide multifamily condominium dwellings and/or apartments for occupancy by individuals 55 years of age or older;
2101.1.3.
Provide for mixed and diverse varieties of housing, including (a) affordable housing, (b) single-family housing without regard to age limitation, (c) assisted living residences and (d) independent living residences, in combination and in close proximity to one another; and
2101.1.4.
Provide for residential development in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas.
§ 198-2102 Applicability.
2102.1.
The SFHOD shall be construed as an overlay district. All requirements of the underlying district(s) shall remain in full force and effect; provided, however, that where the SFHOD provides for uses or structures, or establishes different dimensional or other requirements, not set forth in the underlying district(s), the requirements of the SFHOD shall supersede the underlying zoning requirements.
§ 198-2103 Definitions.
2103.1.
As used in this Article 21, the following terms shall have the meanings indicated:
APPLICANT
The person or persons, including a corporation or other legal entity, who apply for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed SFHOD or have authority from the owner(s) to act for him or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site within a period of 60 days from the time that the applicant shall notify the owner(s).
ASSISTED LIVING RESIDENCE (ALR)
A facility(ies), as defined in 651 CMR 12.02, reserved for occupancy to persons 55 years of age or older.
BEDROOM
A separate room intended for, or that customarily could be used for, sleeping.
BUFFER
An area within a mixed residential development adjacent to its boundaries, streams and ponds that may not be developed except as provided herein.
DEVELOPMENT SCHEDULE
A schedule showing the order and timing of construction and the sequence of the improvements to be built or furnished in the mixed residential development site, separated into stages where applicable.
DWELLING UNIT
A residence, including studio units. Each residence shall contain at least a kitchen area/living area, bathroom and, except in studio units, one or more bedrooms.
INDEPENDENT LIVING RESIDENCE (ILR)
A multifamily condominium dwelling(s) or apartments reserved for occupancy by persons 55 years of age or older.
LAND
Land, including areas covered by water.
MIXED RESIDENTIAL DEVELOPMENT (MRD)
Development of one or more single-family dwellings, ILR's or ALR's, in some combination, on a lot or lots. Such lot or lots need not comply with the dimensional requirements of this Zoning Bylaw for lot area, frontage, yards, setbacks and the like, except as set forth in § 198-2106 herein.
MULTIFAMILY CONDOMINIUM DWELLING
A building containing more than one dwelling unit that is subject to the provisions of MGL c. 183A.
REGULATIONS
The rules and regulations of the Planning Board relative to subdivisions, special permits and site plans.[1]
SINGLE-FAMILY DWELLING
A detached dwelling unit for one family not within an ILR or ALR.
WET AREAS
Include water areas and other land in any of the following categories:
All land subject to the provisions of MGL c. 131, §§ 40 and 40A or land designated as being subject to the one-hundred-year flood (an A Zone) pursuant to the Federal Flood Disaster Protection Act, 42 U.S.C. § 4001 et seq., or subject to any regulation by the Town with regard to floodplain or aquifer protection. | |
All lands within the Watershed Protection District originally established by vote of the Town under Article 17 of the 1967 Annual Town Meeting, as the same may be amended from time to time. | |
Land that is ordinarily submerged during any portion of the year. |
[1]
Editor's Note: See Ch. 302, Site Plan Review and Approval, and Ch. 303, Subdivision of Land.
§ 198-2104 Use restrictions.
2104.1.
The uses set forth below, individually or in combination, may be authorized by a special permit issued by the Planning Board pursuant to § 198-203, upon site plan approval as set forth in Article 6 and in compliance with the standards set forth in § 198-2106 below. The site plan review and special permit procedures under this Article 21 shall be consolidated by the Planning Board.
2104.1.1.
Assisted living residence.
2104.1.2.
Independent living residence.
2104.1.3.
Mixed residential development.
2104.1.4.
Structures and uses accessory to the uses set forth in § 198-2104.1.1, 2104.1.2 and 2104.1.3 above, located (with the exception of covered parking areas) within the same building, including but not limited to the following: beauty and barber salons; recreational, physical fitness and therapy services; nondenominational chapel; library; bank automated teller machine; management offices; adult day health facility; hospice residence; and covered parking areas.
§ 198-2105 Administration.
2105.1.
The Planning Board shall serve as the special permit granting authority pursuant to this Article 21. The Planning Board may grant extensions of time, in writing, for deadlines imposed herein, upon the written request of the applicant. The Planning Board may waive the submittal of technical information or documents otherwise required herein where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for, or applicable to, the Planning Board's decision pursuant to this Article 21. An application for a special permit shall be governed by the following rules:
2105.1.1.
Form of application.
2105.1.1.1.
An application for a special permit for construction within the SFHOD shall be submitted to the Planning Board on forms furnished by the Planning Board. Written notice containing a copy of said application shall be given by the applicant to the Town Clerk, the Conservation Commission, the Finance Committee, the Fire Chief, the Board of Health, the Building Commissioner, the Park and Recreation Commissioners, the School Committee, the School Building Planning Committee, the Selectmen, the Board of Water Commissioners and the Zoning Board of Appeals. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of MGL c. 41, §§ 81O and 81T, as the same may be amended from time to time, and pursuant to the regulations of the Planning Board, a filing fee determined in accordance with § 198-2107 below and a development plan containing the following information and data:
2105.1.1.1.1.
The name(s) and address(es) of the applicant and all legal and beneficial owners of the MRD site; copies of all instruments, options, contracts or encumbrances affecting ownership of the development site, together with the opinion of an attorney concerning the state of the title; and an instrument executed by all persons owning property within the site agreeing that the development, as applied for, is desired.
2105.1.1.1.2.
A plan, suitable for recording, of the MRD site, showing all structures and improvements on the site, all ways and utilities serving the site, all lot lines, easements and rights-of-way of record.
2105.1.1.1.3.
All information required by the regulations regarding the training and experience of the applicant, his associates, professional advisers and contractors in the development and management of real estate and the construction of housing, as well as their respective financial positions. Such information may include a list of all persons and organizations with which or whom the applicant has been associated in the development of real estate during the past 10 years, including their addresses and the names of their principal officers, as well as all sources of credit upon which the applicant relies to acquire, develop and manage the MRD site. The applicant shall furnish copies of such transcripts, records, letters of intent and contracts, as well as all other documentation that the Planning Board may require to determine whether the applicant is qualified to undertake and complete the proposed development and whether his plan for financing the same is sound.
2105.1.1.1.4.
A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion.
2105.1.1.1.5.
Information, including but not limited to reports, letters or studies prepared by qualified professionals, showing the effect of the development on the Town's capacity to furnish services, including but not limited to schooling, roads, water and sanitation.
2105.1.1.1.6.
A map, to the scale required by the regulations, of the MRD site and the community surrounding the same, to a distance of 1/2 mile, and showing all proposed points of interconnection, including roads, utilities and schools.
2105.1.1.1.7.
A plan or plans, to the scale required by the regulations, showing the topography of the MRD site at a minimum of two-foot intervals, as well as vegetation and special features, including all woodlands, wetlands, groups of trees or individual trees worthy of preservation, rock outcroppings, significant slopes, trails and paths, flowing streams and drainageways, ponds, productive agricultural lands, open vistas, structures of historical importance, biological and wildlife habitats and proposed conservation and recreation restriction areas.
2105.1.1.1.8.
Plans for the preservation of the vegetation and special features shown on the topographic plan.
2105.1.1.1.9.
All information that the Planning Board may require subsequent to the filing of the application to determine limitations on ground coverage and density.
2105.1.1.1.10.
Information, including proposed interior plans, regarding the number and kind of dwelling units proposed, their location, the number of bedrooms planned, the anticipated sales prices and population projections pertaining thereto.
2105.1.1.1.11.
A plan or plans, to the scale required by the regulations, showing existing and proposed contours; roads; lighting; utility and sewerage systems; the areas to be set aside for building structures; parking areas; and conservation and recreation restrictions.
2105.1.1.1.12.
A model or models illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be required subsequently by the Planning Board.
2105.1.1.1.13.
A report showing the manner of construction of structures and describing structural and paving materials, all in accordance with the minimum standards prescribed in the most recent provisions of the Building Code and all other laws and regulations pertaining thereto.
2105.1.1.1.14.
Information showing the proposed street name and numbering system and any supplementary methods proposed for identifying places and residences in the MRD site.
2105.1.1.1.15.
Information pertaining to any organization that the applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same.
2105.1.1.1.16.
Copies of all proposed covenants, easements and other restrictions that the applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply.
2105.1.1.1.17.
Proposals for the disposal of sanitary waste and stormwater.
2105.1.1.1.18.
Copies of all proposed deed restrictions to assure resale at affordable prices, and the right of first refusal in favor of the Town, for dwelling units to be sold at affordable prices, if applicable.
2105.1.1.1.19.
Any and all other information that the Planning Board may reasonably require, in a form acceptable to it, to assist in determining whether the applicant's proposed development plan meets the objectives of this Article 21.
2105.1.2.
Review and action by the Planning Board.
2105.1.2.1.
Within 65 days of receiving an application for a special permit and site plan approval, the Planning Board shall request a report from the Board of Health pursuant to MGL c. 41, §§ 81U and 81V, and hold a public hearing on such plan, giving notice of the time and place thereof and of the subject matter in accordance with the provisions of MGL c. 40A, § 11, as the same may be amended from time to time.
2105.1.2.2.
In the event that the Planning Board shall decide, after the conclusion of such hearing, not to grant a special permit, it shall notify all parties in interest of its decision as provided in MGL c. 40A, § 15, as the same may be amended from time to time.
2105.1.2.3.
If the Planning Board shall be inclined to grant a special permit and site plan approval, it shall, within 60 days after the date of the conclusion of the public hearing, send to the applicant a proposed special permit and site plan approval containing the approved development plan, as well as such conditions and safeguards as it deems appropriate to assure the approved site shall be developed in complete harmony with the general purpose and intent of this Zoning Bylaw. Without limiting this general purpose and intent, such conditions and safeguards may include:
2105.1.2.3.1.
A requirement that the applicant shall submit to the Planning Board:
2105.1.2.3.1.1.
A plan, suitable for recording, showing the land in the development site, including a designation of land to be included under conservation and recreation restrictions;
2105.1.2.3.1.2.
A copy of the deeds for the dwelling units to be sold at affordable prices;
2105.1.2.3.1.3.
If the special permit provides for construction of a multifamily condominium dwelling, a master deed, duly executed and recorded by the applicant, subjecting the land to the provisions of MGL c. 183A, as well as a copy of the bylaws to be adopted by the organization of unit owners; and
2105.1.2.3.1.4.
A document, suitable for recording, granting the Town a conservation and recreation restriction over certain buffer areas and over wet areas.
2105.1.2.3.2.
A development schedule bearing the signature of the applicant showing estimated dates for:
2105.1.2.3.2.1.
Commencement of development within one year after recording of the special permit applied for;
2105.1.2.3.2.2.
Completion of each proposed stage of the development, if applicable; and
2105.1.2.3.2.3.
Completion of the MRD.
2105.1.2.3.3.
Negotiable instruments, deposits of money and/or a performance bond of a surety company qualified to do business in Massachusetts and satisfactory to the Planning Board shall be furnished and maintained by the applicant, and a covenant shall be executed and recorded by the applicant, running with the land, that shall be sufficient, in the opinion of the Planning Board, to secure construction by the applicant of the infrastructure shown on the approved development plan and performance of such construction in accordance with the development schedule set forth therein. All such covenants shall provide that the applicant shall pay $50 to the Town, as liquidated damages, for each day that shall pass after the expiration of 90 days from the time that any work shall not have been completed as required by the development schedule, as said schedule may be revised from time to time with the approval of the Planning Board, unless said work shall have stopped for a period of 30 days under a court order or if it shall be stopped or delayed through no act or fault of the applicant or of any of the contractors that the applicant has engaged to develop the MRD site.
2105.1.2.3.4.
A requirement that the professionals and principals named in the development plan shall continue to participate in the development in the capacities specified in the approved plan, unless the Planning Board shall have modified the permit as hereinafter provided.
2105.1.2.3.5.
Regulations to minimize inconveniences to residents in the general area, whether of noise, vibration, dust, blocking of Town roads or otherwise.
2105.1.2.3.6.
A requirement that as-built drawings shall be filed with the Building Commissioner upon completion of each stage of the development.
2105.1.2.4.
The applicant shall, within 15 days after he receives a copy of the proposed special permit from the Planning Board, notify said Board of his acceptance of, or his refusal to accept, the proposed special permit, including all the conditions and safeguards set forth therein. In the event that the applicant shall notify said Board that he accepts all such conditions, he shall file with his notice copies of the plan and the instruments that he proposes to submit to satisfy the requirements of this Zoning Bylaw. In the event that the applicant shall not, within said period, notify the Planning Board that he accepts all of said conditions and safeguards or if he shall fail to submit copies of the aforesaid plan and instruments, the Planning Board shall be deemed to have denied approval of the development plan and special permit application; provided, however, that the Planning Board may, at the request of the applicant, extend the time during which the applicant shall notify the Planning Board, in writing, of his acceptance, or refusal to accept, the conditions and safeguards proposed, and during such extended period the Planning Board and the applicant may agree, in writing, to changes in any such conditions.
2105.1.2.4.1.
Within 10 days after the applicant has notified the Planning Board of his acceptance, the applicant shall deliver to said Board all of the documents described herein, except the instrument and master deed required by § 198-2105.1.2.3.1.3 above, together with any and all other instruments and fees that may have been imposed as a condition or safeguard upon exercise of the special permit applied for.
2105.1.2.5.
Upon receipt of all such material, the Planning Board may grant such special permit to the applicant in accordance with the procedures set forth in MGL c. 40A, §§ 9 and 11, subject, however, to such conditions and safeguards as may be imposed pursuant to said § 9.
2105.1.2.6.
The Planning Board shall have no power to issue a special permit under this Article 21:
2105.1.2.6.1.
After the expiration of 18 months from the date on which the Attorney General shall have approved this Article 21 designating a SFHOD under which the special permit is sought, unless, after the expiration of such eighteen-month period, the consent of all but one of the members of the Planning Board shall be given to the issuance of a special permit in the manner provided by MGL c. 40A, § 16. Such consent by all but one of the members of the Planning Board shall be effective for 12 months from its date and may be extended for additional twelve-month periods by similar vote of the Planning Board.
2105.1.3.
Permits for use and construction.
2105.1.3.1.
No permit for the construction or alteration of any structure, or for any new use of a structure, on the land in the development site shall be granted by the Building Commissioner until the Planning Board shall have reviewed a copy of each application for a building permit and/or a use permit submitted to it by the applicant and notified the Building Commissioner, in writing, that:
2105.1.3.1.1.
Less than one year has expired since the grant of the special permit or that a building or use permit has previously been granted for said site.
2105.1.3.1.2.
The applicant has obtained binding commitments for the financing required to complete the stage of development proposed or in progress or that he has irrevocably committed personal funds sufficient for this purpose; and
2105.1.3.1.3.
The proposed construction and/or use is in substantial compliance with the definitive plan of the subdivision, where applicable, the development plan and this Zoning Bylaw.
2105.1.3.2.
In the event that 20 days shall have elapsed after the Planning Board has received a copy of such application without submitting the aforesaid notification, the permit may issue as if the Planning Board had so notified the Building Commissioner.
2105.1.3.3.
In the event that the Planning Board shall determine that the applicant has not satisfied the conditions and safeguards set forth in § 198-2105.1.3.1 above or that any schedule, construction or use applied for will vary any of the following items by 10% or more from the approved development plan, it shall recommend that the Building Commissioner withhold a permit therefor pursuant to the provisions of MGL c. 40A, § 7, as the same may be amended from time to time:
2105.1.3.3.1.
The amount and location of ground coverage, including buffers.
2105.1.3.3.2.
Adherence to the development schedule.
2105.1.3.3.3.
The density and types of dwelling units.
2105.1.3.3.4.
The size and number of parking spaces required.
2105.1.3.3.5.
The location of utility facilities.
2105.1.3.3.6.
The location of paths, ways and traffic.
2105.1.3.4.
In such event, the applicant may either appeal such decision of the Building Commissioner pursuant to the provisions of MGL c. 40A, §§ 8 and 15, or apply for modification of the special permit as provided herein.
2105.1.4.
Modification or amendment of approved plan.
2105.1.4.1.
In addition to the powers conferred upon it by MGL c. 41, § 81W, the Planning Board shall have the power, on its own motion or on the petition of any person interested, to modify or amend its approval of the development plan annexed to its special permit, provided that no such proposed modifications or amendments may be granted until the Planning Board shall have satisfied the requirements of § 198-2105.1.2 above.
2105.1.4.2.
No modification of the provisions of said development plan, or part thereof, contained in the special permit shall, in any event, be made, nor shall it be impaired by the Town, except with the written consent of the applicant.
2105.1.5.
Abandonment.
2105.1.5.1.
In the event that the applicant shall abandon the work described in the approved development plan, or any portion or stage thereof, for a period of 120 days or if it shall fail to commence said work within the time prescribed in § 198-2105.1.2.3.2.1 above, the Planning Board may, after a hearing duly called and conducted in accordance with MGL c. 40A, §§ 11 and 15, cause notice of abandonment to be recorded in the Middlesex South District Registry of Deeds. No such notice shall be recorded, however, in the event that the holder of any security interest in the MRD site who has exercised his right to take possession of the mortgaged property and to proceed to completion of the work that he has contracted to finance shall have delivered an instrument to the Planning Board accepting all the conditions and safeguards set forth in the special permit, as the same may have been modified from time to time, and such holder or holders shall thereupon be deemed the applicant hereunder. Notwithstanding anything herein to the contrary, a special permit granted hereunder shall lapse if construction hereunder is not begun within two years from the date of such grant, except for good cause. Upon the recording of a notice of abandonment, no further development shall take place in the MRD site unless the applicant shall have complied with the zoning and subdivision control regulations that would otherwise be applicable thereto.
§ 198-2106 Standards.
2106.1.
To be eligible for consideration for a special permit and site plan approval pursuant to this Article 21, the proposed development shall meet all of the following standards:
2106.1.1.
Qualifying area.
2106.1.1.1.
To serve as a MRD site, an area of land within the SFHOD shall contain at least 20 contiguous acres.
2106.1.2.
Open space requirement.
2106.1.2.1.
At least 40% of the MRD site shall be open space, which shall be left in its natural vegetated state.
2106.1.3.
Buffer.
2106.1.3.1.
A buffer area of 50 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties; provided, however, that no buffer shall be required where the land abutting the site is the subject of a permanent restriction for conservation or recreation or where the land abutting the site is held by the Town for conservation or recreation purposes.
2106.1.3.2.
No vegetation in this buffer area will be disturbed, destroyed or removed. Structures or buildings may be located within the buffer area upon the issuance of a special permit from the Planning Board.
2106.1.4.
Removal and replacement of vegetation.
2106.1.4.1.
No clear-cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas. Where vegetation will be disturbed, destroyed or removed during construction, the applicant shall indicate on the plan submitted pursuant to § 198-2105.1.1 that such vegetation will be replaced with appropriate alternative vegetation in locations consistent with the completion of the project.
2106.1.5.
Roadways.
2106.1.5.1.
The principal roadway(s) serving the site shall be designed to conform to the standards of the Town. Private ways shall be maintained by an association of unit owners or by the applicant.
2106.1.6.
Height.
2106.1.6.1.
No single-family dwelling shall be more than three stories in height or exceed 35 feet in height from finished grade at any point. ALR's and ILR's may exceed 35 feet in height, but not more than 55 feet in height, upon the issuance of a special permit by the Planning Board.
2106.1.7.
Parking.
2106.1.7.1.
The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, and from public ways, by a landscaped border at least 10 feet in width.
2106.1.8.
Surface drainage.
2106.1.8.1.
The surface drainage system shall be designed in accordance with the regulations and the rules and regulations of the Board of Health and the Conservation Commission pertaining to groundwater protection. Drainage of adjacent parcels shall not be adversely affected by the proposed development.
2106.1.9.
Wastewater.
2106.1.9.1.
All wastewater treatment and/or sewage disposal facilities shall conform to the provisions of the State Sanitary Code, 310 CMR 15.00, any other state regulations as may be applicable and with the rules and regulations of the Board of Health.
2106.1.10.
Utilities.
2106.1.10.1.
All electric, gas, telephone and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.
2106.1.11.
Paths.
2106.1.11.1.
Paths for the use of residents shall be attractively designed with proper regard for convenience; separation of vehicular, bicycle and pedestrian traffic; adequate connectivity; and completeness of access to the various amenities and facilities on the MRD site and to pathways on adjacent sites.
2106.1.12.
Single-family dwellings.
2106.1.12.1.
The development of one or more single-family dwellings on a lot or lots shall be permitted only in a proposal to construct an MRD. Such single-family dwellings may be situated on any common or individual lot consistent with the overall design objectives of the SFHOD; provided, however, that such dwellings shall comply with the provisions of the State Sanitary Code, 310 CMR 15.00, any other state regulations as may be applicable and with the rules and regulations of the Board of Health.
2106.1.13.
Independent and assisted living residences.
2106.1.13.1.
The development of independent or assisted living residences shall be permitted only in combination with each other. Such combination may be situated on any common or individual lot consistent with the overall design objectives of the SFHOD; provided, however, that such combination shall comply with the provisions of the State Sanitary Code, 310 CMR 15.00, such other state regulations as may be applicable, and with the rules and regulations of the Board of Health.
2106.1.14.
Mixed residential development.
2106.1.14.1.
Where the applicant proposes an MRD, single-family dwellings shall constitute not less than 14% of the total dwelling units in the MRD.
2106.1.15.
Affordable units.
2106.1.15.1.
The applicant is encouraged to provide dwelling units at prices affordable to persons or families of low or moderate income. Such affordable dwelling units shall be integrated into the overall development so as to prevent the physical segregation of such units.
2106.1.16.
Development schedule.
2106.1.16.1.
The development schedule submitted by the applicant shall allow for orderly construction of the project.
§ 198-2107 Fees.
2107.1.
The Planning Board may engage, at the expense of the applicant, professional, technical and/or legal consultants to review an application for a special permit within the SFHOD.[1]
[1]
Editor's Note: Former Art. 22, Cochituate Interim Planning Overlay District, added 4-30-1997 STM by Art. 7; amended 5-8-2000 ATM by Art. 47, which immediately followed this section, was repealed 5-5-2004 ATM by Art. 18.
