There is established a Continuing Care Retirement Center (CCRC) as a permitted use under the Special Permit provision of this Bylaw. Such permitted use may only be authorized in existing Residence 2 and Village Residential Districts. A CCRC parcel may include an adjoining parcel of land which is in the Residential-1 District, providing that no development shall be permitted in the Residential-1 portion. The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section. A CCRC shall include a nursing home care facility and congregate housing units and may also include independent dwelling units and assisted living units. A CCRC may also only include any or all of the foregoing housing types provided it is affiliated with a nursing home.

The purpose of the CCRC is to provide for the development and use of specialized housing and nursing care for the elderly on the basis of the Planning Board to issue a Special Permit in the permitted District (2) with greater flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, including home health care, housing and other supportive services designed to meet the needs of the elderly population and to enable that population to live independently. It is further intended to encourage the preservation of open spaces; to allow for new nursing care facilities and housing that causes relatively little demand on Town services; and to preserve the Town's residential character. In creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC is intended to allow for a greater mixture of buildings, structures and uses with regard to density than is otherwise permitted thereby allowing for the nursing care of the elderly and the relief of the physical, economic and emotional stress associated with the maintenance and care of traditional nursing home and residential properties.

a. NURSING CARE FACILITY . A facility for the care of elderly persons requiring regular attention by medical or nursing personnel for reasons of age, ill health or physical incapacity and which has been licensed as a long-term care facility by the Massachusetts Department of Public Health.

b. CONGREGATE HOUSING UNITS . Dwelling units providing private or communal living for elderly persons who ordinarily are ambulatory and require no or limited medical attention or supervision. Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one, two, or three persons, with facilities used, or intended to be used, for living, bathing, cooking, eating and sleeping.

c. INDEPENDENT DWELLING UNITS . Dwelling units similar in character and use to congregate housing units and providing elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of free-standing buildings which contain up to five (5) dwelling units per structure.

d. ASSISTED LIVING UNITS . Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwelling units may not include facilities for cooking or eating.

e. ELDERLY . A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older.

f. WETLANDS . Any area within a parcel of land in a CCRC falling within the definition contained in Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any regulations promulgated pursuant to said chapter.

g. HOME HEALTH CARE . Medical and therapeutic services provided to residents in their dwelling units.

A. Principal uses. The following uses shall be permitted in a CCRC:

1. Nursing care facilities;

2. Congregate housing units;

3. Independent dwelling units;

4. Assisted living units;

5. Home health care;

6. Facilities for supportive services, including, but not limited to medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchens facilities and laundry facilities. These and others shall be designed for the primary use of residents. Such supportive services may not be designed or used as a general business for the larger community of North Andover and environs.

7. Any other use deemed reasonably necessary or ancillary by the Planning Board to facilitate the uses described above, meaning and intending to permit those services and programs customarily offered in CCRC.

a. Minimum Lot Size. A CCRC shall be permitted only within a single lot containing a total area of not less than twenty-five (25) acres. Existing public or private ways need not constitute boundaries of the lot, but the area within such ways shall not be counted in determining minimum lot size. As used in Section 13, parcel and lot shall have the same meaning.

b. Permissible Density. Unless in compliance with the bonus density provisions of subsection 6., the dwelling unit density shall not exceed an average of four (4) units per acre in a parcel which is located within the Residential-2 District and five (5) units per acre in a parcel which is located within the Village Residential District exclusive of the nursing care facility. When a parcel is located in a combined portion of either the Residential-2 and Residential-1 or the Village Residential and Residential-1 Districts, a density factor of 2 units per acre shall be applicable to the portion in the Residential-1 District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in the Residential-1 District nor shall any development in Residential-2 or Village Residential District adversely impact the Residential-1 District. For parcels which are located in a combined portion of the Residential-2 and Village Residential Districts, the permissible density for each District shall be applicable. Also, in no event shall the total number of independent dwelling units exceed fifteen (15) percent of the total number of dwelling units otherwise allowed in any CCRC parcel. Further, in no instance shall the Floor Area ration of the entire project exceed 0.25, nor shall the total number of dwelling units exceed 250 for any parcel regardless of total acreage or density bonuses provided under paragraph 6.

c. Maximum Lot Coverage. In no event shall the maximum lot coverage of buildings and structures exceed twenty-five (25) percent.

d. Dimensional Requirements.

1. Perimeter Setback. The setback area is intended to provide a perimeter greenbelt around the CCRC except for road and utility crossings. No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement. A perimeter landscaping plan shall be submitted to the Planning Board for its approval provided that nothing shall prevent the construction of walls and fences. The Planning Board may authorize or require landscaping in the Residential-1 District if it is consistent with the objective of screening the CCRC from existing or potential residential development.

2. Minimum Frontage. Frontage on any public street or way shall be one hundred fifty (150) feet, except on Route 114 where for reasons of public safety, the minimum frontage shall be two hundred fifty (250 feet).

3. Maximum Height. The height of any structure shall not exceed three (3) stories and in no event more than thirty-five (35) feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and similar traditional roof appurtenances. Further, the Planning Board may exempt ornamental or non-habitable architectural features added for aesthetic purposes.

e. Common Open Space. Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or service areas which is not set aside as private yards, patios or gardens for residents shall be Common Open Space. Further, all Common Open Space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions. The area of Common Open Space shall equal at least fifty (50) percent of the total area of the CCRC parcel or lot and no more than twenty-five (25) percent of the minimum required Common Open Space shall be situated within wetlands. The Common Open Space shall have a shape, dimension, character and location suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes by the residents of the CCRC. Further a permanent conservation restriction of the type described in MGL Chapter 184, Section 31, (including future amendments thereto and corresponding provisions in future laws) running to or enforceable by the Town shall be recorded in respects to the Common Open Space. Such restrictions shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, recreations or agriculture. Such restriction shall be in a form and substance as the Planning Board shall prescribe including the management of said conservation restriction by the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other agency or body, all as subject to the approval of the Planning Board.

f. Parking. The minimum number of parking spaces provide in connection with the uses permitted under this section shall be as follows:

1. Nursing Care Facility. One parking space for every sleeping room for single or double occupancy.

2. Congregate Housing, Assisted Housing and Independent Dwelling Units. One parking space for each unit. The Planning Board shall have the discretion to waive the applicant's compliance with these parking requirements provided that the applicant's plans demonstrate the capacity to fully comply with all other requirements of Section 13.

g. Public Safety. The Planning Board shall require all CCRC applications to include statements, drawings and/or plans indicating that all applicable public safety (including fire safety and suppression devices) have been provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, applicants are advised to incorporate sprinkler systems in accordance with provisions of the National Fire Protection Association (NFPA 13D).

h. Public Sewer. All CCRC projects shall be connected to the public sewer system. The North Andover Department of Public Works shall review all proposed sewering plans and report as to their adequacy to the Planning Board.

a. Affordable Housing. For all CCRC's the total number of allowable dwelling units may be increased up to 50%, if the applicant designates at least 10% of the total number of units for uses as affordable housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance with income and assets limitations established by the authorizing state or federal agency. The applicant may choose to meet affordable housing requirements directly by utilizing similar income and assets standards and establishing rents, sales prices or entry feed for units which are determined to be generally consistent with those established under the various subsidy programs. For this purpose, the Planning Board in consultation with the Housing Authority, any establish rent, carrying charge, maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as affordable housing units for the life of the CCRC development. In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing units, to the: Town, Housing Authority or any public or non-profit agency which is authorized to develop or support affordable housing for the elderly. The rate of contribution shall be two (2) dollars per square foot of gross floor area of all buildings and structures exclusive of pools and parking. The granting of this density bonus shall not exempt the applicant from meeting any of the other requirements of this or other referenced section of the Bylaw.

b. Open Space. The total number of allowable dwelling units may be increased by 15% if the proposed CCRC provides 75% usable open space consistent with the definition of open space in this section. The granting of this bonus density shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the Bylaw.

a. Facilities proposed to be built in a CCRC shall be subject to the following procedures:

1. The applicant shall be required to meet with the Planning Board to discuss the provisions of Section 13 and other referenced Sections, the elements of the proposed development and the requirements and specific provisions of the preliminary site plan to the Planning Board for its review and recommendations.

2. The applicant will be required to submit a "Definitive Plan" in accordance with the applicable provisions of Section 11.3. The Planning Board may issue a special permit if is determines that all of the applicable requirements for the CCRC have been met and the definitive plan is generally consistent with the preliminary site plan.

b. Relationship to Subdivision Regulations. The requirements of the special permit in no way or manner release the applicant from the requirements of the Subdivision Regulations of the North Andover Planning Board.

c. Density Bonus Limitations. The use of all density bonuses provided herein may not exceed 50%.