Section 41 Home Occupations
ARTICLE 4. SPECIAL REGULATIONS
Section 41. Home Occupations.
Home occupations are permitted if no more than twenty-five percent (25%) of the floor area of the residence is used for the occupation, not more than one person not a member of the household is employed on the premises in the occupation, there is no exterior display or storage or other variations from the residential character of the premises, traffic generated does not exceed that normally expected in a residential neighborhood, and all parking required to service the occupation is provided off-street, other than within a required front yard.
Section 42. Assisted Living Facility
Applicability. The Planning Board may grant a special permit for the construction and occupancy of an Assisted Living Facility (ALF), provided that it is served by public water, in a Residential I, Residential II, Residential III, Suburban I, Suburban II, Suburban III, Suburban IV, Business I, Business II and Industrial I District subject to the requirements set forth herein. In Residential and Suburban Districts, an ALF shall be located on at least three (3) contiguous acres. In all other eligible districts, the minimum lot size shall control.
42.1 Purpose and Intent. The purpose of this Section is to provide a mechanism for the approval of:
1. assisted living facilities (ALF) within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and
2. the development of ALF in a manner that encourages the renovation and rehabilitation of older, existing buildings; and
3. the development of ALF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.
42.3 Use Requirements. Accessory uses for in-house residential services may be provided including, but not limited to, the following: beauty and barber salons, recreation, social services, physical fitness and therapy services, adult day care or adult day health facility, nondenominational chapel; library, bank automated teller machine, management offices, hospice residence, food service, small convenience store, cleaning and housekeeping, laundry, transportation, education; provided, however, that such accessory uses shall be designed for the primary use of the residents and staff of the ALF. Such accessory uses may not be designed for or used as a general business by the general public. Such accessory uses shall
not have exterior advertising display.
42.3 Professional and Technical Review. The Board may hire professional and technical consultants to assist the Board in analyzing an ALF to ensure compliance with all relevant laws, bylaws and regulations. Such assistance may include, but not be limited to, analyzing an application, or monitoring or inspecting a project or site for compliance with the Board’s decision or regulation. The expenses for engaging professional and technical assistance and review in connection with an ALF shall be borne by the Applicant.
42.4 Application Procedure. Applicants are required to submit a special permit application and development plan, conforming to the requirements of this Bylaw. The development plan shall include a site plan and associated documents specified under Section 12.4 Site Plan Review and the following additional information:
1. a plan at a scale of 1” = 40’ showing the topography of the site at a minimum of one foot intervals, as well as vegetation and special features, including wetlands,perennial streams and ponds, trees of more than 8” caliper, rock outcroppings,stone walls, outstanding vistas, archaeological and historic features, slopes in excess of 15%, existing and proposed trails and paths, open vistas, biological or wildlife habitats, and proposed conservation and recreation easement areas;
2. 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;
3. information pertaining to any organization which 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, for approval as to form by Town Counsel;
4. copies of all proposed covenants, easements, and other restrictions which 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, for approval as to form by Town Counsel;
5. any and all other information that the Planning Board may reasonably require in form acceptable to it to assist in determining whether the Applicant’s proposed development plan meets the objectives of this Section
.
42.5 Design Standards. In addition to the Design Standards set forth in Section 12.4
Site Plan Review, the following design standards shall apply to all ALF’s and shall govern the development and design process.
1. Open Space Requirements – At least thirty-five percent (35%) of the parcel containing the ALF shall be contiguous open space. The Planning Board may require that at least half of the open space be left in a natural state. Not less than fifty percent (50%) of the land preserved for open space shall contain buildable land as defined in Section 44.11.
2. Buffer Areas – In all districts, a buffer area of fifty (50) feet shall be provided at the perimeter of the property, except for driveways necessary for access and egress to and from the site; and a buffer of one hundred (100) feet shall be provided at certain resource areas on or adjacent to the tract including lakes,
ponds, wetlands, streams, and rivers. The Planning Board may waive, reduce or increase the buffer requirements where it determines that a larger or smaller buffer (or no buffer) is necessary, or will suffice, to accomplish the objectives set forth herein. Buffer areas shall be retained in their natural vegetative state to the maximum extent feasible.
3. On-site Pedestrian Circulation – Walkways or trails shall be provided to link residences with parking areas, accessory uses, and adjacent land uses where appropriate. Walkways or trails shall be attractively designed with proper regard for convenience, safety, adequate connectivity, and completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.
4. Protection of Natural and Cultural Features– All natural and cultural features, such stone as walls, trees, wooded areas, water courses, scenic points, and historic spots, shall be preserved as much as possible. Any clearance, backfilling, cutting, thinning or other disturbance to trees eight inches (8”) or greater in diameter measured four feet (4’) above finished ground level, located within the minimum front setback distance, shall be prohibited unless deemed proper by the Board. Any such proposed clearance shall be shown on the plan and written reasons therefore may be requested by the Board.
5. Access Ways and Associated Infrastructure – The access way(s) and associated infrastructure within the site shall be adequate for the intended use and vehicular traffic and shall conform to the Design and Construction Standards specified for a sub-collector in the Millbury Rules and Regulations Governing the Subdivision of Land. Access ways and associated infrastructure shall be perpetually owned and maintained by an association of unit owners or by the Applicant and his successors in interest.
6. Building Configuration – An ALF may consist of a single building or multiple buildings containing residential units and ancillary service facilities (i.e., kitchens, dining rooms, recreation areas, nursing stations, reception areas, and management offices). If multiple buildings are proposed, they shall be clustered together.
7. Parking – The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be seven-tenths (0.7) parking spaces per dwelling unit in an ALF.
All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways.
8. Utilities – All dwelling units shall be served by public water, municipal sewer service or an on-site waste treatment facility (package treatment plant) approved by the Massachusetts Department of Environmental Protection (DEP).
9. Emergency Systems – The ALF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.
42.7 Maximum Number of Units. The maximum number of units in an ALF shall not exceed fifteen (15) per acre of parcel size.
42.8 Density Bonus. Applicants are encouraged to provide dwelling units
permanently restricted to occupancy by persons who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth’s Department of Housing and Community Development. Such affordable units shall be integrated into the overall development of the ALF so as to prevent the physical segregation of such units. For every affordable unit, the applicant may add two market rate units, provided that in no event shall the total number of units exceed forty percent (40%) of the maximum number of units prescribed in Section 42.7.
42.9 Dimensional Requirements. Structures within an ALF shall adhere to the
dimensional requirements specified in Article 2 of the Millbury Zoning Bylaws,
except as follows:
1. the minimum separation between structures shall be twenty (20) feet.
2. The maximum height of any structure shall be thirty-five (35) feet and
(3) stories.
42.9.1 Conversion of Existing Structures. Not withstanding any other provision(s) of this Section, the Planning Board may authorize the appropriate reuse of buildings no longer needed or suitable for their original use, and to permit reuse as an ALF when compatible with the character of the neighborhood. Applicants wishing to convert existing structures to ALF’s may do so, subject to a special permit, where such building(s) is located on a lot with at least 30,000 square feet of area. The Planning Board may permit expansion of the structure to the degree reasonably necessary to construct entryways and features to comply with A.D.A. requirements
and fire escape and fire protection features.
(Bylaws 5-1-07, Art. 51)
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