Planning Board
September 8, 2008
7 pm
1) Meeting Minutes
a) August 13, 2008
b) August 18, 2008
2) Chair’s Business
a) Amendment to LDS
i) Correspondence from City Council
3) Approval Not Required
a) Phelps Street
i) Submittal
4) Public Hearings
a) 7:30 PM
Proposed Amendment in Retirement Community
CITY OF MARLBOROUGH
OFFICE OF THE CITY CLERK
MARLBOROUGH, MASSACHUSETTS
LEGAL NOTICE
Notice is hereby given that the Planning Board of the City of Marlborough will hold a PUBLIC HEARING on Monday, September 8, 2008 at 7:30 PM in the Memorial Hall, 3rd floor, City Hall, 140 Main Street, Marlborough Massachusetts for Proposal to Abolish Retirement Community Overlay District and that Retirement Communities be an Allowable Use in all Districts with a Special Permit.
Be it ordained by the City Council of the City of Marlborough that the Code of the City of Marlborough, Chapter 200 as amended be further amended by deleting the words "aged fifty-five or older" as part of the definition in ARTICLE II Definitions and Severability Section 200-05 Definitions; Word Usage. B. RETIREMENT COMMUNITY and inserting in place thereof the following words: "fifty-five (55) years of age or over or sixty-two (62) years of age or over"; and
That the Code of the City of Marlborough, Chapter 200 as amended be further amended by adding to ARTICLE V Permitted Uses Section 200-14 Use Regulations Applicable in All Districts the following:
"C. A Retirement Community, as defined in Article II Section 200-05 B hereof, shall be allowed only by grant of a Special Permit by the City Council in accordance with Article VI Section 200-22. Retirement Community"; and
That the Code of the City of Marlborough Chapter 200 Section 200-17 Table of Uses Single family and Single family, attached be amended by adding to each a foot note numbered "(41)"; and
That the Code of the City of Marlborough Chapter 200 Section 200-18 Conditions for Use as Noted in the Table of Uses, be amended by adding the foot note numbered "(41)" which states as follows: "(41) Except as provided for in a Retirement Community under the provisions Sections 200-14 and 200-22."; and
That the Code of the City of Marlborough Chapter 200 Section 200-17 Table of Uses Retirement Community Overlay (Sec. 200-22) as amended be further amended by deleting the word "Overlay" and the symbol "N" under the Zoning District Abbreviations RR, Al, A2, A3, RB, RC, RCR, B and CA and inserting in place thereof for each deleted symbol the symbol "SP"; and
That the Code of the City of Marlborough Chapter 200 as amended be further amended by deleting from Article VI Special Districts, Overlay and Special Requirements, all of Section 200-22 Retirement Community Overlay Districts and inserting in place thereof the following:
200-22 Retirement Community
Purpose. The purpose of a Retirement Community shall be to advance the public health, safety and welfare of persons fifty-five (55) years of age or over or sixty-two (62) years of age or over by providing housing in a structure or structures constructed expressly for use as housing for persons fifty-five (55) years of age or over or sixty-two (62) years of age or over on a parcel or on contiguous parcels of land, totaling at least five (5) acres in size, in areas appropriate for residential use.
Location. A Retirement Community may be located in all zoning districts with a Special Permit of the City Council granted under the provisions of Section 200-59 hereof
Permitted Uses. A Retirement Community must comply with the appropriate provisions of Article Y and Article VII, except as otherwise specified herein and consistent with the following provisions:
(1) Height of buildings in a Retirement Community shall not be higher than that which is allowed in the zoning district in which the Retirement Community is located and as provided in Section 200-41.
The provisions of Section 200-49 shall apply to the location and construction of the driveways and private ways within the Retirement Community development. All ways and/or driveways in a Retirement Community shall be private and maintained by the Retirement Community. To ensure adequate access for traffic and emergency vehicles within the Retirement Community, and to provide increased public safety for vehicles and pedestrians within the development, the City Council may modify the provisions of Section 200-49.
Each building in a Retirement Community shall face either upon an existing private or public way or on a private way or driveway constructed within said Retirement Community. Each building shall have a minimum front yard of no less than twenty (20) feet from the edge of the paved way to the closest point of the structure, and a side yard of not less than ten (10) feet from the edge of the paved way to the closest point of the structure. Each building, whether principal or accessory, shall be at least ten (10) feet distant from any other building by air line distance between the nearest points of the buildings.
No dwelling in a Retirement Community shall contain less than one thousand (1,000) square feet of living area or more than two thousand eight hundred (2,800) square feet of living area. At least fifty (50%) percent of the living area shall be on the first
The number of dwelling units allowed within a Retirement Community shall be determined by dividing the total square foot area of the development site by the minimum lot area square footage as provided in Section 200-41 for the zoning district in which the development site is located. The number resulting from said division shall be the number of units allowed in the Retirement Community. If the number results in a whole number plus a part of a number the number shall be rounded to the next higher number.
No part of any building in a Retirement Community shall be less than twenty-five (25) feet from any exterior lot line.
A town house style dwelling unit in a Retirement Community shall have its own attached yard area.
Each dwelling unit shall have two parking spaces dedicated to its use, of which at least one space shall be in a garage attached to the unit. The other space shall be adjacent to the building or within close proximity thereof as approved by the City Council. The City Council may, as a condition of the Special Permit, require additional parking areas to be used in common by dwelling unit owners and their invitees.
The City Council may, as a condition of the Special Permit, require adoption of legally enforceable condominium by-laws or other similar regulations to limit or prohibit the presence in a. Retirement Community, either entirely or in designated locations, of boats, boat trailers, campers, or other recreational vehicles.
The maximum combined lot coverage in a Retirement Community shall be as provided for in the provision of Section 200-41 hereof for the zoning district in which the development site is located.
Each lot or contiguous lots upon which a Retirement Community is located shall have total frontage on an existing public way of at least seventy five (75) feet.
The City Council shall, as a Permit condition, require that deed covenants, proposed condominium by-laws, or similar community regulations prohibit the ownership or residential use of a dwelling unit by a person or persons of less than fifty five (55) years of age or less than sixty-two 62 years of age. Failure to enforce said provisions shall be a violation of the Special Permit.
The City Council shall, as a Permit condition, require that a proposed Retirement Community be constructed entirely on one lot or contiguous lots, and that, from and after the date of issuance of a building permit for said community or any portion thereof, no subdivision of said lot or lots shall be allowed without the express approval of the City Council; provided, however, that the recording of a condominium master deed and the conveyance of condominium units with the lot covered by the master deed shall be allowed.
(14) No unit in a Retirement Community shall have more than three (3) bedrooms.
5) Subdivision Progress Reports
a) Update from City Engineer
b) Gristmill III, Carisbrooke I (Farrington Lane)
i) Correspondence from Legal
c) Forest Trail
i) Correspondence from Conservation Officer
d) 26 Pembroke Street
i) Correspondence from Engineering
6) Pending Subdivision Plans: Updates and Discussion
7) Preliminary/Open Space Submissions/ Limited Development Subdivisions
a) 214 Wilson Street
i) Correspondence from Thomas Land Surveyors
ii) Facts and Findings
iii) Correspondence from City Engineer
8) Definitive Subdivision Submission
9) Scenic Roads
10) Signs
11) Informal Discussions
12) Communications
13) Correspondence
a) Town of Framingham Planning Board Hearing Notice (September 18)
b) Town of Hudson Zoning Board of Appeals Notice of Decision
c) Town of Southborough Public Hearing Notice for Site Plan (September 18)
d) Town of Southborough Public Hearing Notice for Site Plan (September 25)
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