For elderly residential housing not subject to the Table of Dimensions and Density Regulations nor subject to Sec. ______ of the Zoning Bylaw, the following conditions shall apply:

a. The tract of single or consolidated ownership at the time of application shall be at least six (6) acres in size in the ____ residential district(s), and at least one (1) acre in the ___ commercial district(s), and shall be subject to approval by the_________ (choose one Planning Board of Selectmen or Board of Appeals) acting as the Special Permit Granting Authority.

b. The following uses shall be permitted: attached elderly and handicapped housing units; and community facilities (religious, recreational or educational); membership club for the exclusive use of the residents of the development.

2. Required Performance Standards -

In addition to other minimum requirements stated elsewhere in the bylaw, the following improvements, performance standards or conditions are required for acceptable implementation of elderly housing in the Town of __________.

a. The total number of proposed dwelling units within the development shall not exceed four (4) units per upland acre in ___residential district(s) and eight (8) units per upland acre in __ commercial district(s).

b. At least 30 percent of the total tract area shall be upland open space and shall be set aside as common land and shall be either deeded to the town or placed under a conservation restriction and maintained as permanent "open space" in private or cooperative non-profit ownership. The Board shall provide for the disposition and control of the open space land in a manner and form acceptable to them and approved by town counsel.

c. Such common land shall be restricted to open space, recreational uses such as park, golf course, or conservation areas.

d. The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent deemed feasible by the Board:

(I)minimize obstruction of scenic views from publicly accessible locations;

(ii) preserve unique natural or historical features;

(iii) minimize tree, vegetation and soil removal and grade changes;

(iv) maximize open space retention; and

(v) screen objectionable features from neighboring properties and roadways.

e. The development shall provide drainage and utilities functionally equivalent to that provided under the Planning Board’s subdivision rules and regulations

f. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate lite, air, circulation, and separation between buildings. Adequate separation shall mean a minimum distance of 1-1/2 times the height of the proposed buildings.

g. The maximum building height shall be three (3) stories or 35 feet

h. The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways through proper layout, location, design and detailing of facilities and dwellings.

I. The development shall have access on roads having sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic generated by the site, when added to the existing traffic stream.

j. Connecting tree lined walkways shall be provided between structures, parking areas and abutting public ways. A mixture of shade trees shall be spaced at a minimum of forty (40) feet along said walkways.

k. Parking areas, including maneuvering space for parking and loading areas, shall not be located within the required 40' buffer areas

l. Parking areas shall be screened from public ways and adjacent or abutting properties by building location, fencing, and/or dense planting.

m. No parking shall be allowed on interior streets or ways.

n. The proposed development shall provide two (2) parking spaces per each unit, plus one (1) visitor parking space for every ten (10) units, plus one (1) parking space per each two hundred (200) sq.ft. Of non-residential area (For other permitted uses see Article VIII).

o. Exposed storage areas, machinery, service areas, truck loading areas, adequate solid waste disposal facilities, utility buildings and structures and other unsightly uses shall be set back and/or screened to protect the neighbors and protect residents from objectionable feature.

p. No building/structure shall be floodlit. Drives, walkways, entryways, and parking areas shall not be illuminated by lights higher than fifteen (15) feet, which shall be shielded to have a total cutoff of all light at less than ninety (90) degrees and a beam cutoff less than seventy-five (75) degrees. The total cutoff of all light shall occur within the property lines of the parcel to be developed.

q. Drainage shall be designed so that the rate of run-off shall not be increased, groundwater recharge is maximized, surface and ground water quality is maintained, and neighboring properties will not be adversely affected. The SPGA may require that existing problems on or attendant to the site be mitigated as a condition of approval of a special permit under this section.

r. Electric, telephone, cable TV, and other such utilities shall be underground where physically and environmentally feasible.

s. A forty (40) foot wide densely planted buffer shall be required along the front, side and rear property lines, which in the opinion of the SPGA provides suitable screening of abutting properties, except for access roadway(s). In the Business district the SPGA may reduce the front buffer and setback requirements in order to maintain the character of the area and/or a visual edge of roadway.

t. All housing for the elderly and handicapped persons developments shall install a state approved de-nitrifying septic system.All housing for the elderly and handicapped persons developments within Water Resource Protection Districts shall conform to the performance and design standards of section ___ of this zoning by-law.

u. The SPGA and applicant shall seek guidance from the Historical Commission to insure the protection, restoration, or preservation of said historic locations, artifacts or structures within the proposed development.

v. If an elderly and handicapped development is owned or converted to ownership of more than one ownership entity, a non-profit, incorporated community association shall be established, requiring membership of each property owner in the development. The community association shall be responsible for the permanent maintenance of all communal water and septic systems, common open space, recreation and thoroughfare facilities. A community association agreement or covenant shall be submitted with the special permit approval application guaranteeing continuing maintenance of such common utilities, land and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of Town Counsel and the SPGA.

w. Such agreements or covenants shall provide that in the event that the association fails to maintain the common open land in reasonable order and condition in accordance with the agreement, the Town may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable values of the properties within the development and to prevent the common land from becoming a public nuisance. The covenants shall be assessed ratably against the properties within the development.

3. Administrative Procedures - The ___________ shall be the Special Permit Granting Authority (SPGA) and shall adopt rules relative to the issuance of special permits and file a copy with the Town Clerk. The SPGA shall follow the procedural requirements for special permits as set forth in Chapter 40A, Section 9.

4. Criteria for Review and Approval

a. The SPGA shall review all applications for a Elderly and Handicapped Housing Development to determine the sensitivity of the proposed development to the following criteria:

(I) Compliance with Section ____ (2) required performance standards;

(ii) Compatibility with existing developments;

(iii) Compliance with adopted public places;

(iv) Acceptable design and layout of ways, streets and paving; (v) That the projected traffic increase to the local road(s) is within the capacity of the existing network and does not impair pedestrian safety;

(vi) The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use in the immediate area or in any other are of the Town will be subjected to hazards affecting health safety or the general welfare;

(vii) Compliance with environmental standards;

(viii) Appropriateness of building and site design; and(ix)The preservation of important areas of open space or items of historical significance.

The findings, including the basis of such findings, of the SPGA shall be stated in the written decision of approval, conditional approval, or denial of the application for Special Permit, and shall require a 4/5 majority vote for approval. For approval of a special permit granted under this section, an affirmative finding of the SPGA shall be required for all of the nine criteria above.

b. The SPGA shall also impose, in addition to any applicable conditions specified in this Bylaw, such applicable conditions as it finds reasonable appropriate to safeguard the neighborhood, or otherwise serve the purposes of the Bylaw, including, but not limited to, the following: front, side, or rear yards greater that the minimum required by this Bylaw, screening buffers or planting strips, fences, or walls, as specified by the SPGA; modification of the exterior appearance of the structure; limitation upon the size, numbers of occupants, method and time of operation, time duration of permit, or extent of facilities; regulation of number and location of driveways, or other traffic features, and off-street parking or loading or other special features beyond the minimum required by this bylaw.

Such conditions shall be imposed in writing, and the applicant may be required to post bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

c. The Special Permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown. And provided further that such construction once begun shall be actively and continuously pursued to completion within a reasonable time.

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