Independent Elderly Housing shall be permitted use under the special permit provisions of this Bylaw in the Residential-3 District. The Planning Board may review a definitive plan under the special permit provisions in Section 10.3 and as is otherwise provided in this section.
The purpose of an Independent Elderly Housing special permit is to provide an alternative and supplement to the traditional forms of elderly housing promoted by the Town. It is further intended to encourage the preservation of open space; and to preserve the Town's residential character.
INDEPENDENT ELDERLY HOUSING is a multifamily residential structure, each dwelling unit with separate access; restricted to individuals and couples 55 years of age and older, but not excluding physically or mentally handicapped individuals.
Single, duplex and multifamily residential structures.
b. Permissible Density: Four dwelling units per acre, with no more than eighty (89) dwelling units in any one independent elderly housing development, or not more than one hundred (100) in the event of compliance with the provisions of paragraph 6 below (Density Bonus); and in no instance shall the maximum FAR exceed 0.20.
c. Maximum Lot Coverage: In no event shall the maximum lot coverage of buildings exceed twenty-five percent (25%).
d. Setbacks:
1. Perimeter Setback: The setback area is intended to provide a perimeter greenbelt around any independent elderly housing development except for roads and utility crossings. No building or other structure shall be located within one hundred (100) feet of the perimeter lot lines of an independent elderly housing development.
2. Minimum Frontage: Frontage: Frontage on any public street or way shall be one hundred fifty (150) feet, except Route 114 where for reasons of public safety shall be two hundred fifty (250) feet.
3. Maximum Height: The height of any structure shall conform to the height requirement of the R-3 District.
e. Common Open Space: All land within the parcel or lot which is not specifically reserved for the support of dwelling units and which is not covered by buildings, roads, driveways, parking areas or service areas, or 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 parcel or lot and not 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. 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 respect to the common open space. Such restrictions shall provide that the common open space be retained in perpetuity for one or more of the following uses: conservation, recreation 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: Two off-street parking spaces per dwelling unit.
g. Public Sewer: All 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.
h. Approval: Facilities and/or units proposed to be built as Independent Elderly Housing 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 14 and the referenced section, the elements of the proposed development and the requirements and specific provisions of the preliminary site plan. The applicant shall submit a 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 it determines that all of the applicable requirements for independent elderly housing have been met and the definitive plan is generally consistent with the preliminary site plan.
i. 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.
a. Affordable Housing: For all Independent Elderly Housing, the total number of allowable dwelling units may be increased by 25%, if the applicant designates at least 10% of the total number of units for use as affordable elderly housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsides 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 price of entry fees 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, may establish the 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 Independent Elderly Housing 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 elderly housing. The rate of contribution shall be two (2) dollars per square foot of Gross Floor Area of all buildings and structures exclusive of underground parking or swimming pools. The granting of this density bonus shall not exempt the applicant from meeting any of the other provisions of this or other referenced sections of this Bylaw.
