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.