Proposal for a Revised amendment to the Framingham Zoning Bylaw.

The original proposal from the Planning Board forms the basis for this revised proposal. Original text is marked thus when it is to be removed. New text is shown in underlined and in red. Explanatory comments are in italics.

O. Senior Residential Community

1. Purpose

The purpose of a Senior Residential Community (SRC) is to enhance the public welfare by providing a balance in the Town of Framingham between the demand and need for choices in independent housing for older residents and the desire to preserve significant land, water, scenic and historic resources. It is the intent of this by-law
a) to provide a mechanism for the development of senior housing, which has less impact on municipal services than traditional single family housing;
b) to make available independent housing options for both able bodied and disabled senior residents;
c) to encourage good architectural design and planning of the proposed structures and other site development elements such as parking, lighting and landscaping, and
d) to prescribe a development pattern which is less demanding on our natural resources, and which utilizes the land in harmony with the neighboring properties.

2. Definitions

The following terms shall be specifically applicable to these Senior Residential Community regulations and shall have the meanings provided below.
Senior: An individual who is 55 years of age or older.
Usable Land:  Any and all land in the SRC Tract remaining after excluding any and all “Land under Water Bodies and Waterways”, and “Freshwater Wetlands” as set forth in the Framingham Wetlands Protection By-Law [Town of Framingham By-Laws, Article V, Section 18.2], any and all Tract land which is an “area of special flood hazard”, as described under subsection III.H.1., herein, and any and all areas in the Tract with slopes of more than 20%15%.

3. Special Permit

The Planning Board may grant a special permit for the development and construction of Senior Residential Community in the General Residence and Single Residence Districts in accordance with this Section and MGL, Ch. 40A, s.9., only if no variances have been issued from the requirements of this Section IV.O. Any person who desires a Senior Residential Community Special Permit shall submit a written application with a site plan that meets the requirements set forth herein and in the Rules and Regulations for Senior Residential Community special permits.
 

4. Age Restriction:

A Senior Residential Community shall constitute housing intended for persons of age fifty-five or over within the meaning of M.G.L. c.151B, sec. 4(6) and 42 U.S.C. Sec. 3607(b)(2)(c), and in accordance with the same, all dwelling units in a Senior Residential Community shall each be owned and occupied by at least one person fifty-five years of age or older, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statues and regulations promulgated pursuant thereto. All dwelling units in a Senior Residential Community shall be subject to an age restriction described in the homeowner’s association documents and in a deed, deed rider, restrictive covenant, or other document that shall be recorded at the Registry of Deeds or the Land Court. The age restriction shall limit the dwelling units to occupancy by Seniors, age 55 or older, or their spouses or life-partners of any age; provide for reasonable, time-limited guest visitation rights; provide for time-limited guest visitation rights for related minor children up to 60 days; and authorize special exceptions that allow live-in care providers to live in a dwelling unit together with a Senior resident, all as the Planning Board shall specify in its special permit. The age restriction shall run with the land in perpetuity and shall be enforceable by any or all of the owners of dwelling units in the Senior Residential Community or by the Town of Framingham. In the event of the death of the qualifying owner/occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in a SRC, a two-year exemption shall be allowed for the transfer of the unit to another eligible household.

5. Allowed Uses:

Only the following uses shall be allowed in a Senior Residential Community, under an SRC Special Permit: Housing for Seniors, including detached dwellings for one family, two family dwellings, and multifamily dwellings up to four units per building; accessory uses typically associated with residential uses including, but not limited to, clubhouse, swimming pool, tennis court, cabanas, storage and maintenance structures, garages; and uses allowed on the Common Open Space, as set forth herein. Where an SRC Special Permit has been granted, more than one building for dwelling purposes may be located on a lot. Accessory buildings and structures shall be shown on the SRC site plan.

6. Dimensional Regulations

A Senior Residential Community shall comply with the following dimensional regulations for the area of the Tract of Land, density, buildings, and structures:
a. Minimum SRC Tract Qualifications: A Tract of land containing a minimum area of 5 acres of Usable Land, located on one or more contiguous parcels, whether or not separated by a private way, with definite boundaries ascertainable from a recorded deed or recorded plan, and also containing a minimum of 150 feet of continuous frontage on a public way, having an area of at least 10 acres.
b. Maximum density: 2 units per acre of land in the R-1, R-2, R-3 and R-4 Single Residence Districts and in the G General Residence District, based upon the total land in the SRC development Tract, provided that the density of the Usable Land shall not exceed an average density of 3.5 units per acre of the Usable Land in the SRC Tract. Fractions from such density calculations shall be rounded down.The maximum number of dwelling units in a SRC shall be computed based on the number of buildable lots permitted under a conventional subdivision, with each lot satisfying minimum lot area, frontage and all other applicable zoning regulations for which district the parcel is located within, possessing suitable soils as determined by the Board of Health, and sufficient upland, buildable area to sustain a single family home. In zones where the minumum lot size is less than 40,000 sq. ft or the frontage requirement is less than 100ft, a minimum lot area of 40,000 sq. ft. and minimum frontage requirement of 100 feet shall be used to calculate each buildable lot. For the purposes of this section, minimum lot area in every district shall contain no more than 25% which is underwater land or wetland resource. For each buildable lot calculated, a maximum of five (5) bedrooms shall be permitted. The number of bedrooms shall determine the number of units, pursuant to section 6(m) below, with the maximum number of bedrooms in any unit being less than or equal to 3.
c. Maximum Ground Coverage: the maximum ground coverage of all buildings, structures, parking lots, roads, driveways and other impervious surfaces in an SRC Tract shall not exceed 20 percent of an SRC Tract.
d. Buildings and structures may only be built on Usable Land in the SRC Tract.

e. Minimum setbacks for Buildings and Structures: 50100 feet from any existing street, 20 feet from an interior street, private way or common drive within the site; 30 feet from the Common Open Space boundary; 50100 feet from any external Tract lot line, which may be reduced by the Planning Board to no less than 3050 feet at appropriate locations, taking into account the character or open space use of abutting properties.

f. Perimeter Landscape Buffers: 20% of the tract area shall be reserved as a perimeter buffer of substantially equal width between a SRC Tract and abutting properties is required around the entire SRC perimeter, the width may not be less than 75% of the average width. This works out 20 feet for a square 5 acre lot, rising to around 50 feet for a square 25 acre lot. A minimum 20 foot wide landscape buffer between a SRC Tract and abutting properties is required around the entire SRC perimeter, which may be reduced by the Planning Board to no less than 15 feet at appropriate locations; provided, however, that access roads and pedestrian paths may cross the buffer at the discretion of the Planning Board. Where the perimeter buffer is wooded, it shall remain in a natural state to preserve the visual character of the parcel being developed. The Board may require no-cut easements or conservation restrictions within the perimeter buffer. Additional suitable landscaping materials and/or fencing may be required by the Planning Board to provide screening where the Planning Board finds that the natural buffer does not contain suitable natural growth to provide sufficient visual separation between the proposed Senior Residential Community and abutting parcels. The buffer area may be included in the required setback distances.

g. Minimum separation of Buildings: 30 feet of separation where the separation is between the sides of two buildings; 80 feet of separation where the separation is between the backs of two buildings; and 50 feet of separation where the separation is between the side of one building and the back of another building. The Planning Board may reduce this requirement, by waiver, where topography or landscaping create sufficient visual separation and privacy, and where the reduction results in better overall site design. The siting of buildings with the backs of two buildings facing each other shall be discouraged.

h. Exclusive use area: A 400 square foot exclusive use area, located to the rear or side of each residential unit, shall be dedicated for the use of the occupants of the individual unit.

i. Maximum horizontal dimension of a building: 150 feet.

j. Basements: All units must have a basement area equal to a minimum of one-fourth of the gross floor area of the dwelling unit.

k. Maximum height of buildings and structures: 35 feet to the ridge.

l. Maximum number of dwelling units per building: 4.

m. Unit Composition: Maximum of 3 bedrooms per dwelling unit. No more than ten percent (10%) of the total units in a SRC shall have fewer than two bedrooms.  All Dwelling Units in a Senior Residential Community shall be designed and constructed to be adaptable with only minor structural changes to meet the requirements for Group 1 residences as set forth in the Massachusetts Building Code, 521CMR (Architectural Access Board), as amended. Such dwelling units shall have at least one exterior entrance at ground level. Additional Massachusetts Building Code, 521 CMR requirements may be applicable.

n. The Planning Board may waive the dimensional requirements set forth above under items c. through i., where such waiver to the requirements would result in better site development and design.

o. Where the requirements of this section IV.O. differ from or conflict with other requirements of the Bylaw, the requirements established herein shall prevail.

7. Streets, Utilities and Lighting

The Planning Board shall determine road and right of way width requirements, consistent with the purposes of this bylaw, and shall grant waivers from the Framingham Subdivision Rules and Regulations accordingly. Generally, drainage facilities, and utilities shall be designed and constructed in compliance with the Framingham Subdivision Rules and Regulations whether or not the Senior Residential Community is a subdivision. Underground utilities are mandatory, where physically and environmentally feasible. All above ground utility and service related structures associated with the project shall be sited to minimize visual impact and may require screening to protect both neighbors and SRC residents from objectionable features. The Planning Board may approve waivers to the Subdivision Rules and Regulations provided the Board determines such waivers are consistent with the purposes of this bylaw. The Planning Board may impose appropriate standards for all outdoor lighting within a Senior Residential Community, including uniform lighting fixtures and beam cut-off features. All external lighting shall use full cut-off fixtures.

8. Architectural Design Standards:

Architectural style and siting of SRC buildings shall be in harmony with each other and with the prevailing character and scale of buildings in the neighborhood. In order to provide visual interest and avoid monotony, the architecture should be designed to provide variation through the use of color, building materials, details, breaks in roof and wall lines, porches, dormers, screening, and/or other architectural elements. Rooflines shall terminate in a detailed cornice or overhang at least 8 inches in depth. Traditional materials such as masonry and wood are strongly encouraged for the exterior facades. Windows and exterior doors shall be consistent and compatible with the materials, style and color of the building, and shall be arranged to give the façade a sense of balance and proportion.

9. Parking Requirements:

a. Residential Parking: One vehicular parking space shall be required per principal dwelling unit with one bedroom and two vehicular parking spaces shall be required per principal dwelling unit with two or three bedrooms. In addition, one vehicular parking space shall be required for every four (4) dwelling units for visitor parking. Additional parking in proximity to any clubhouse or other facility serving residents in common, or guest parking, may be required, as determined by the Planning Board, in off-street parking areas. No single accessory parking area shall contain more than twelve parking spaces, and all such areas shall be adequately landscaped.

10. Parking and Garage Design Standards:

Residential parking spaces shall be located in reasonable proximity to the dwelling or in attached garages. One or two car parking garages attached to individual dwelling units shall be encouraged. Such garages shall be designed so as to complement and not dominate the building design and site layout. They shall not obscure the front of the unit or building and may extend no more than 6 feet beyond the face of the building, unless the Planning Board waives this requirement. Freestanding garages shall be located to the side or to the rear of the building or units.

11. Site Design and Landscaping

The Senior Residential Community development shall be integrated into the existing terrain and surrounding landscape. To the extent deemed feasible by the Board, the building sites for the development shall minimize obstruction of scenic views, preserve unique natural or historic features, minimize tree, vegetation and soil removal and grade changes, and maximize open space retention. Landscaping, building layout and site design shall foster a sense of privacy and separation between units and/or buildings. Building clusters, berming, supplemental landscaping (including trees, shrubs and evergreen screening), stonewalls and other elements are encouraged in order to create variety and interest in the SRC. Expanses of pavement shall be broken up with landscaped areas wherever feasible.

12. Common Open Space Standards

a. Common Open Space Dimensional Standards
1) In a Senior Residential Community, a minimum of twenty-five percent (25%) of the SRC tract shall be set aside as Common Open Space for the use of the senior residents. It is the intention of this By-law that the Common Open Space shall generally occur as a large single contiguous area of open space with logical boundaries, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjoining parcels, whenever possible. No development, including clearing, primary or accessory structures, parking, wastewater disposal or stormwater management, shall take place within the 100-foot buffer area of any jurisdictional wetland, unless authorized by the Conservation Commission. Upon approval of the Conservation Commission, the buffer area may be reconfigured to provide better protection of resources on the site if such reconfiguration achieves a similar goal of resource protection; however, in no event shall the total area of the 100-foot buffer be reduced without compensation in an equal amount elsewhere on the site. 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 to increase buffering, 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.
2) At least twenty-five percent (25%) of the minimum Common Open Space area requirement set forth above, shall consist of Usable Land, as defined in subsection 2. herein.
b. Use of the Common Open Space:
1) The Common Open Space shall be dedicated and used for conservation, recreation or park purposes, or for a combination of those uses. No other uses shall be allowed in the Common Open Space, except as provided for herein:
2) Ninety-five percent (95%) of minimum requirement for the Common Open Space, as set forth under Section IV.O.12.a.1) herein shall remain unbuilt. A portion of the Common Open Space, including the unbuilt portion designated herein, may also be used for ways serving as pedestrian walks, bicycle paths, and emergency access or egress to the Senior Residential Community or adjacent land, if such a use, in the opinion of the Planning Board, enhances the general purpose of this Bylaw and enhances better site and community planning.
3) The remaining five percent (5%) of the Common Open Space meeting the minimum Common Open Space area requirement set forth above, and any additional land set aside as Common Open Space beyond the minimum requirement, may be subject to pavement and structures accessory to the dedicated Use or Uses of the Common Open Space, provided that such a use enhances the general purpose of this Bylaw and enhances better site and community planning, in the opinion of the Planning Board. Such uses may include, but are not limited to, clubhouse, swimming pool, tennis court, cabanas, storage and maintenance structures and parking areas.
4) A portion of the Common Open Space may also be used for the construction of leaching areas, if associated with septic disposal systems serving the Senior Residential Community, and if such use, in the opinion of the Planning Board, enhances the specific purpose of this section IV.O. and promotes better overall site planning. Such use, however, should not impede the use of the open space for passive recreation purposes.
5) Portions of the Common Open Space that are in excess of the minimum Common Open Space total area and the upland area requirements as calculated in accordance with this subsection, may be used for storm water detention and retention facilities serving the streets and ways in the Senior Residential Community, including infrastructure such as pipes, swales, catch basins, and manholes, and parcels and easements associated with such facilities. Storm water detention or retention facilities shall be suitably landscaped to enhance the appearance of the facility.

6) The proposed use of the Common Open Space shall be specified on the SRC site plan and appropriate dedications and restrictions shall be part of the deed to the Common Open Space. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the Common Open Space in order to enhance the specific purposes of this section IV.O.

c. Ownership and Maintenance of the Common Open Space
 

The Common Open Space shall be owned and maintained in accordance with the requirements set forth under Section IV.M. Open Space Residential Development, subsection 4.h. Common Open Space Ownership and Maintenance.

13. Homeowner’s Association

The applicant shall establish a homeowner’s association for the Senior Residential Community. The homeowner’s association shall operate in accordance with a Homeowner’s Association Agreement which shall be submitted to the Board for review and approval prior to its recording or the sale of any unit within the SRC development. Said agreement shall be recorded with the deeds for each of the housing lots. The homeowner’s association shall be responsible for the maintenance in perpetuity of the common area lands and Common Open Space, the drainage system of the development including any detention or retention basins, common sewage facilities and leaching areas, pumping stations and apurtances, streets and sidewalks, paths, common recreation and maintenance facilities, common parking structures and parking lots, and other common use areas and facilities within the SRC development. Snow-plowing within the project limits and rubbish disposal will be, and shall remain, the responsibility of the project owner/developer or subsequent homeowner’s association, and not the Town.

14. Affordability

a. General Requirements
Not less than ten percent (10%) of the units of housing in a SRC development shall qualify as an Affordable Senior Residence. Such required affordable housing shall be dispersed throughout the development. The exterior shall be compatible with, and as much as possible indistinguishable from, market rate units.
b. Affordable Senior Residence Defined
The term Affordable Senior Residence as used in this section IV.O. shall refer to dwelling units, which are restricted to sale, lease or rental (1) to Seniors within specific income and asset limitations, and (2) at specific price limits, both in accordance with provisions set forth in any state or federal rental assistance programs, subsidy programs for reducing mortgage payments, or other programs that provide for affordable housing for low and moderate income seniors, and that are in effect at the time that the project application is made to the Planning Board.
c. Affordability Standards
Subject to Planning Board approval, an applicant for a SRC special permit may utilize an available State or Federal assistance program or choose to meet the Affordable Senior Residence requirements by utilizing income and asset standards, and by establishing rents, leases, sales prices, entry fees, condominium fees, and other costs for Affordable Senior Residences that are generally consistent with available affordable housing assistance programs.
d. Affordability Restrictions

Affordable Senior Residences shall be maintained as such for the life of the Senior Residence development. Each Affordable Senior Residence shall be rented or sold to its initial and all subsequent buyers or tenants subject to deed riders, restrictive covenants, contractual agreements, or other mechanisms restricting the use and occupancy, rent levels, sales prices, resale prices, and other cost factors to assure their long term affordability. These restrictions shall be in force for such maximum time as may be permitted under applicable state law governing such restrictions. They shall be enforceable and renewable by the Town of Framingham through standard procedures provided by applicable law.

15. Ownership

Not less than eighty-five percent (85%)  one hundred percent (100%) of the units of housing in a SRC development shall be owner-occupied. Such restriction shall be described in the homeowner’s association documents and in a deed, deed rider, restrictive covenant, or other document that shall be recorded at the Registry of Deeds or the Land Court. This restriction shall run with the land in perpetuity and shall be enforceable by any or all of the owners of dwelling units in the Senior Residential Community.

16. Special Permit Application and Procedures

The Senior Residential Community Special Permit Application and Procedures shall generally be in accordance with the requirements set forth under Section IV.M. Open Space Residential Development, subsection 5. Special Permit Application and Procedures, including item a. Pre-Application Conference, item b. Procedure for Submission of Special Permit Applications, and item c. Contents of OSRD Special Permit Applications. All references therein to Open Space Residential Development or OSRD, shall be substituted with Senior Residential Community or SRC, for the purposes of administration of this Section IV.O. Senior Residential Community site plans shall be prepared by a professional landscape architect, registered in Massachusetts. The applicant is strongly encouraged to meet with the Planning Board for an SRC Pre-Application Conference. Density for an SRC proposal shall be calculated as set forth herein, and shall be provided in place of the Density Yield Plan and associated dwelling unit calculation. The Existing Conditions plan shall clearly identify the location of all existing slopes in excess of 2015 percent. The applicant may make use of the Town’s GIS data to calculate the location of such slopes over 2015 percent in their preliminary submittal of the Existing Conditions Plan.

17. Planning Board Action

In evaluating a proposed Senior Residential Community, the Planning Board shall consider the general objectives of this bylaw and of this Section IV.O., in particular; the existing and probable future development of surrounding areas; and the appropriateness of the proposed site plan in relation to the topography, soils, tree coverage, and other characteristics and resources of the tract of land in question. The Planning Board may grant a special permit for a Senior Residential Community if it finds that: The Planning Board shall not grant a Special Permit for a SRC unless it shall, after holding a public hearing in accordance with requirements of Chapter 40A of the General Laws, find that:
 
a. the proposed Senior Residential Community complies with the Purpose and Intent as well as the applicable requirements of the SRC bylaw as stated in Section IV.O. hereof, and is consistent with the Town of Framingham Comprehensive or Master Plan, and the Town of Framingham Open Space Plan, both as may be amended,
 
b. the proposed SRC is in an appropriate location, constitutes a desirable development in the neighborhood, and does not significantly alter the character of the neighborhood in comparison to a single family residential development;

c. the proposed SRC permanently protects and enhances environmental and historic resources, or scenic vistas and views of the area, as applicable;

d. adequate and appropriate facilities will be provided for the proper operation of the SRC, including adequate methods of disposal of sewerage, refuse and other wastes, adequate methods for drainage for surface water and seasonal flooding, if any, adequate methods of snow removal, and adequate provision of water for domestic purposes;

e. the proposed SRC use would not be detrimental or offensive to the adjoining neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, water drainage, water provision or other visual nuisances; 

f. the proposed SRC use would not cause undue traffic congestion in the immediate area and in relation to adjacent streets, properties, or improvements, and would provide for the safety and convenience of vehicular movement, and for the safety and convenience of pedestrians in a manner that is compatible with the needs of Seniors;

g. the proposed SRC responds to the recommendations of Town Boards and Agencies; and

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

i. four fifths of the members of the Planning Board approve the granting of the SRC Special Permit.

j. the site of the proposed SRC has not been recently materially altered in a way to affect its treatment under this bylaw.

18. Special Permit Conditions

The Planning Board, in granting a Special Permit for a Senior Residential Community, may require changes to the Senior Residential Community site plan and may impose reasonable conditions, safeguards and limitations, including bonding, to protect the environment, and the health, safety and welfare of the inhabitants of the neighborhood and the proposed development, and of the general public, and furthermore, to secure the objectives of this bylaw.
a) In order to implement a Special Permit for a SRC and to assure compliance therewith, the Planning Board shall in the Special Permit set forth requirements and conditions that before a building permit is issued for any buildings in any stage or phase of the SRC
(i) 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,
(ii) 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
(iii) the Planning Board shall have determined that the detailed plans are in substantial conformity with the conceptual plans approved in the Special Permit.
b) The Planning Board shall have so notified the Building Inspector of its review and approval of each phase.
c) The Planning Board may in a Special Permit for a SRC 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.

19. Relation to Subdivision Control Laws

a. If a Senior Residential Community requires approval under the Subdivision Control Law, MGL, Ch. 41, the applicant shall file a definitive subdivision plan as required by the Framingham Subdivision Rules and Regulations. The applications for a Senior Residential Community special permit and a definitive subdivision approval plan need not be filed concurrently. If not submitted concurrently, the fully engineered definitive subdivision approval plan shall be filed following preliminary approval of the general site plan. To the extent permitted by law, the Planning Board shall consider both applications at the same time.
b. All Senior Residential Community proposals, whether requiring approval under the Subdivision Control Law, Ch. 41 or not, shall meet Subdivision Design Standards and Specifications, as set forth under Section VII. of the Framingham Subdivision Rules and Regulations. The Planning Board may waive the Street Design Minimum Standards and other standards set forth therein, if the Planning Board finds that such waiver will result in better design, improved protection of natural and scenic resources, and will otherwise comply with these regulations. Internal roads of a Senior Residential Community are intended to remain private ways, and accordingly, internal street design standards may be relaxed, as noted above. In addition to other application requirements, all applicants under this Section must include a complete Impact Statement, as set forth under Section VI.D of the Framingham Subdivision Rules and Regulations.

20. Building Permit Limitations

The total number of building permits issued for residential units in Senior Residential Communities (authorized under Special Permit herein) shall not exceed two percent (2%) of the total number of dwelling units in the Town of Framingham. Any changes to the Building Permit Limitation, as set forth herein, shall require approval by Town Meeting.

21. No Site Alteration

After an SRC application has been submitted, no tree removal, no utility installation, no ditching, grading or construction of roads, no grading of land or lots, no excavation except for purposes of soil testing, no dredging or filling, and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and a decision issued, as provided by these regulations, or until the application has been withdrawn.

22. Performance Guarantee

Before the issuance of any building permits for a Senior Residential Community, the applicant shall secure the required improvements for streets, ways, drainage, erosion control and other items specified by the Planning Board with a performance guarantee consistent with the Framingham Subdivision Rules and Regulations.

xx. Enforcement

In accordance with the provisions of the General Laws, the Town may enforce the conditions and safeguards imposed on the exercise of special permits under this Section in equity or at law and to recover from the applicant, his successor or approved assignee(s) all moneys that may be required to complete the development plan approved.

a) The penalty provisions of these bylaws may be imposed upon the applicant, his general agent, tenant(s), architect(s) contractor(s), or any and all persons having an interest in the development site, including a mechanics lien, mortgage or attachments.

b) All provisions of the development plan approved shall run in favor of the residents thereof but only to the extent expressly provided in the plan and in accordance with the terms of the plan, and to that extent such provisions, whether recorded by plan, easement, covenant, or otherwise, may be enforced at law or in equity by said residents acting individually, jointly or through their organization.

c) In the event of a violation of law, an unauthorized sale or lease of the approved development site or any dwelling unit therein, development that deviates from the development plan approved, any use of the property that is not permitted in the development site, the failure to maintain residential land or if the applicant shall otherwise fail or neglect to comply with the conditions and safeguards imposed on the exercise of the special permit, the Building Inspector or Zoning Enforcement Officer may deliver a stop order to the applicant or his agent by certified mail, return receipt requested, and by posting the same in a conspicuous location in said site. The order shall describe the nature of the violation, and the date on which said order shall expire, which date shall not be less than six days later than the date of the stop order. Failure of the Town to deliver a stop order for any reason shall not prevent the Town from pursuing any other legal remedy permitted under law. Any person who shall violate the provisions of a stop order shall be deemed in violation of the zoning bylaw.

23. Revisions and Amendments

Following the approval of a Senior Residential Community, any change in the layout of streets and ways; in the configuration, ownership or use of the Common Open Space; or any other change that, in the opinion of the Building Commissioner, would significantly alter the character of the Senior Residential Community, shall require the written approval of the Planning Board. The Planning Board may, upon its own determination, require a new Special Permit and hold a public hearing pursuant to the requirements of this bylaw if it finds that the proposed changes are substantial in nature and of public concern.