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March 6, 2013
Warrant Committee
March 6, 2013
Thirty fourth meeting

Present:        J. Wilson, D. Turner, G. Noonan, S. Genega, K. Sorgi, C. Cahill, C. Tougias, T. Hays, R. Boehler

Absent:         N. Bourque, K. Chase, J. Creedon, J. Wlkins Nkwah, F. Kelly, R. Hallisey

Reserve Fund:           $404, 628.65
Set Aside (Police)              $125,000.00
Set Aside (131 Eliot)   $ 73,278.00
                                $206,350.65

  • Chair Wilson called the meeting to order at 7:35 pm in the Carol Blute Conference room.  
  • Chair Wilson recognized Steve O’Donnell, Chair of the Historical Commission, Joe Cunningham and Wallace Sisson of the Historical Commission to discuss the article that was submitted by the Historical Commission for the ATM the Swift Hat House article.
  • After the discussion of the Swift Hat House article, Chair Wilson thanked Mr. O’Donnell, Mr. Cunningham and Mr. Sisson for their presentation.  
  • On a motion made by Member Tougias and seconded by Member Cahill the Warrant Committee voted 8/0/0 that the Town amend Chapter 10 of the General Bylaws, known as the Zoning Bylaws, by adding the following paragraph 9 to Section VII, Subsection C:
9.  Notwithstanding the foregoing, in the business district on a lot (including contiguous lots in common ownership) containing no more than 5,000 square feet with frontage of at least 75 feet with an historically significant building (determined with the advice of the Historical Commission) constructed before 1850, in conjunction with the preservation and rehabilitation of such building with such changes as may be needed for a new use but which are compatible with the historical appearance of the building, the Board of Appeals shall give credit for at least three (3) but not more than six (6) parking spaces for the new use and any use approved by the Board of Appeals for any other building on the lot.  Any rehabilitation of such other building shall be visually compatible with the rehabilitation of the pre-1850 building, and additional parking as necessary for the uses in the building may be provided on the lot or reasonably convenient thereto.

  • On a motion made by Member Genega and seconded by Member Tougias the Warrant Committee voted 8/0/0 that the town vote to amend Section 10 of the General Bylaws, known as the Zoning Bylaws, by adding the following Subsection L to Section III, as amended: Assisted Living Residence Development.
ASSISTED LIVING RESIDENCE DEVELOPMENT (ALRD)
In a  residential district on a lot (including a combination of adjacent lots in one ownership) with at least 75 feet of frontage on a state highway containing at least 150,000 square feet of land (not including wetlands, land within the 25 wetland buffer zone, vernal pools and land within the 100’ vernal pool buffer zone) with access to the state highway at a fully signalized intersection, a residential use for an Assisted Living Residence Development may be permitted by a Special Permit for an Assisted Living Residence Development (a planned unit development) issued by the Planning Board upon terms and conditions meeting the requirements of this subsection, upon such other terms and conditions as the Planning Board may consider reasonable and appropriate, and upon a finding that the development will serve the public good and provide significant public benefit without significant, unmitigated detrimental impacts.
Assisted Living Residences provide care to people who are having difficulty living independently, but do not need the daily nursing services provided in a nursing home.  Assisted Living is intended for adults who need some assistance with tasks such as housecleaning, preparing meals, bathing, dressing, or taking medications, and would like the security of having help available on a 24-hour basis in a residential and non-institutional environment.
An Assisted Living Residence Development (ALRD) shall meet the following requirements:
  • Certification; Developer/Operator
An ALRD shall be certified and maintain certification as an assisted living residence by the Executive Office of Elder Affairs (or successor agency) pursuant to M.G.L. c.19D (or successor statute) and provide the services and meet the requirements prescribed therein and in 651 CMR 12.00 (or successor regulations).  The ALRD shall meet all applicable regulatory standards required by law for assisted living residences in Massachusetts.  
The operator of the ALRD shall be experienced in the successful and competent operation of other assisted living residences.
  • Units
An ALRD shall have no more than 100 units in a single building with primarily one-bedroom units.  The units may be rental apartments or may be owned and shall be designed for elderly persons who need assistance with activities of daily living.  
  •  Common Area Space
There shall be a significant amount of common area space in an ALRD, including living rooms, sitting areas, dining rooms, activity rooms and screened porches.  Common area space (exclusive of hallways) shall cover at least 10% of total floor area.  There shall be a secure outdoor area with at least 5,000 square feet designed to provide outside uses.
  • Services
Services offered to residents in an ALRD shall include assistance with activities of daily living (bathing, dressing, undressing, personal care and medication supervision), meal service, apartment housekeeping and linen change, laundry facilities, organized social programs, recreational activities, transportation to outside appointments and needs, 24-hour staffing, and emergency response through a call system in each apartment.  Commercial activities not for the exclusive use of residents shall not be permitted provided that guests may be served in dining areas.  Any commercial activities for the exclusive use of residents shall be specifically authorized in the special permit.
  • The Building and Accessory Buildings.
In an ALRD, the units and indoor accessory uses shall be contained in a building (with or without a basement) with a pitched roof not to exceed 35 feet above finished grade (without berms) at its highest point (the “Building”).  The Building and any accessory buildings shall cover no more than 33% of the Buildable Area of the lot (the area which does not include wetlands, land within the 25’ wetland buffer zone, vernal pools, and land within the 100’ vernal pool buffer zone).  Any accessory building shall be one story with a pitched roof and windows to be used for garaging of vehicles or storage of equipment, supplies and tools, used at this ALRD, such as lawn mowers and snow removal equipment, fertilizer, salt, rakes and shovels; small accessory structures for resident activities, such as a gazebo, may also be authorized in the special permit.  Accessory buildings shall not exceed 18 feet in height.
  • Open Space
In an ALRD at least 33% of the Buildable Area of the lot shall be open space (Open Space).  Open Space shall include land left in its natural state, gardens, the secure outdoor area designed for outdoor uses, and other open land suitably landscaped in harmony with the terrain of the site and in harmony with the Building and any accessory buildings.  Open Space shall not include driveways, sidewalks, and parking areas but may include walkways provided for enjoyment of the Open Space.  As part of the Open Space there shall be a landscaped area not less than forty feet wide on all lot lines, which shall enhance the prospect of the Building viewed from outside the ALRD and provide attractive views from within the Building.  Driveways and sidewalks may be sited to pass through this area as necessary.
  • Driveways and Access
In an ALRD there shall be a safe and convenient driveway system designed to meet foreseeable needs.  Access to and from the state highway shall be at a fully signalized intersection (an intersection with a traffic signal providing regular red and green intervals for the intersecting streets).  Driveways may connect to an access roadway to and from the signalized intersection.   Such an access roadway shall provide safe and convenient access to the driveway of the ALRD. In the event that use of a driveway on site over a right of way or easement is permissible for persons, who are not residents, guests, employees or business invitees, reasonable provision shall be made to ensure safe, compatible, non-disruptive use by such persons.
  • Rights of Way or Easements
A lot or lots separated from one or more other lots in the same ownership by right of way or easement in other ownership may be deemed to be a single lot for purposes of this subsection so long as the lots would be contiguous but for the right of way or easement and further provided that the use of the right of way or easement, contiguous to such lots, is restricted to uses with no substantial adverse effect on the ALRD.   The right of way or easement, contiguous to such lots, shall be restricted so as to ensure safety, to prevent deleterious uses, and to present an attractive well-maintained appearance.  The right of way or easement area contiguous to a lot or lots shall be kept in a safe and well maintained condition by the operator of the ALRD as part of its obligations under the special permit.  Terms and conditions on the construction, maintenance and use of the right of way or easement may be imposed in the special permit, and the operator shall be obligated to ensure compliance with all such terms and conditions.  The area of the right of way or easement shall not be included in the Buildable Area.  Set-backs, otherwise applicable with respect to streets and abutting properties, shall not be required on account of the right of way or easement being in separate ownership provided that a lesser set-back from the right of way or easement shall be required.
  • Parking
In an Assisted Living Residence at least one parking space shall be provided for every two (2) dwelling units.  Covered parking may be provided in the basement of the Building or in garages.  Outside parking areas and the area of driveways, sidewalks and walkways shall cover no more than 33% of the Buildable Area of the lot with impermeable surfaces.  
  •  Sign
An exterior permanent sign at the signalized intersection providing notice of the presence of the ALRD may be erected with the consent of the landowner of such size and construction and upon such terms as may be specified and approved by the Town’s Sign Review Committee.  Alternatively, the sign may be sited on the ALRD’s frontage on the state highway giving notice of the presence of the ALRD and its access from the signalized intersection.
  • Utilities
All electric, gas, telephone, water distribution lines and other utilities shall be placed underground.  The ALRD shall be connected to Town water and sewer.  The stormwater management system shall meet all applicable provisions of the DEP’S Stormwater Management Guidelines and Regulations, and the Town of Milton Stormwater ByLaw, as amended.  Installation of utilities and the drainage system shall meet all applicable requirements, including reasonable requirements imposed by the Town’s Department of Public Works.  Central heating and air conditioning shall be used if practicable.
  • Design Standards and Requirements
In an ALRD, the Building shall be of high architectural quality. It shall be sited on the Buildable Area of the lot, with landscaped buffers, and shall be compatible in style, scale and massing with its site and environs.   The Building shall meet the following design standards:
  • Architecture of the Building shall be consistent and coherent in all its elements and compatible with and complementary to its surroundings, in form, scale and massing.  The exterior façades shall receive equal treatment in design, material and architectural elements.  The rear and sides of the Building shall be given the same careful attention as the front.
  • The scale of the Building shall not overpower its site or landscape context. The apparent scale of the Building shall be reduced by providing variations in massing and architectural elements.  The Building shall have an inviting, human scale.
  • There shall be a distinctive principal entrance to the Building with a covered pick-up/drop-off area designed as an integral part of the building at the principal entrance.  The covered pick-up/drop-off area shall be in the same architectural style as the rest of the Building.
  • Windows and doors shall be surrounded by appropriate architectural elements setting the windows and doors off from the plane of the façade.  Muntins shall be used in the top half of windows.  Any vents or grilles for air conditioner units shall be incorporated into the architectural elements surrounding the window units so as to present a coherent visual whole.
  • Each door, doorway, window or window grouping shall be suitably proportioned to the building.  Each unit shall have windows that open, if practicable.  Small windows, disruptive to architectural continuity, shall not be used.
  • Exterior lighting fixtures shall be appropriate to the architecture and shielded to prevent light over-spill into adjoining residential areas.
  • The roof-line shall be visually coherent and architecturally well defined.  A pitched roof, cornices and other appropriate architectural elements shall be used.  Dormers and/or gables shall break the planes of the roof.
  • Building materials should be of high quality. Traditional materials and colors that are in keeping with the architectural context shall be used when reasonably possible.
  • Building walls shall not present unrelieved flat surfaces.  Windows, doors, dormers, window bays, porches and architectural elements shall project or be recessed in order to relieve such flatness unless good architectural cause exists for a different treatment.
  • Interior spaces shall be designed so that units are resistant to noise from the adjoining units  (a sound transmission class (STC) rating of 60 shall be required at demising walls and at floor/ceiling assemblies,  or such other then applicable reasonable standard as the Planning Board may specify).  Construction methods and uses of materials may be specified by the Building Commissioner in order to ensure high-quality construction. Such methods and materials shall not be in conflict with building, fire and life safety codes nor industry standards for an assisted living use type.
  • Accessory structures shall be designed in the same architectural style as the Building.  Accessory structures shall present an unobtrusive appearance.
  • Landscaping shall be designed by a landscape architect and shall enhance the overall design of the building and integrate the ALRD into the surrounding area. Landscaping shall provide significant screening of the building when viewed from offsite.  Evergreen and deciduous plantings, which shall include trees, at least 15 feet tall upon planting and expected to attain a large size, shall be included in the landscape design.  Upon installation and thereafter, landscaping shall enhance and screen the view of the Building when viewed from off-site.  Walkways and sidewalks shall provide safe and convenient passage of pedestrians on site and to a bus stop on the state highway (if bus service shall be available).  Driveways, walkways and sidewalks shall be well constructed, paved and drained.  Lighting of driveways, walkways and sidewalks shall be sufficient to ensure safety and shielded to avoid off-site light over-spill. Paved elements should be considered part of the landscape plan and consistent with the style of the Building.   
   
  • Parking areas for residents shall be convenient to the Building.  Landscaping shall surround and screen parking areas from abutting residential areas. Landscaping within parking areas shall mitigate unrelieved pavement.  Provision shall be made for pedestrian safety. Insofar as practicable, design of parking areas shall also comply with the design standards specified in Section VII.H.
  • Any dumpster shall be enclosed by fencing compatible with the architecture and located unobtrusively without significant negative impact.
  • Compressors and other mechanical equipment for systems in the Building shall be visually screened and audibly buffered so as not to exceed 50 decibels when heard from off-site.  Equipment that may be placed on the roof shall be in a well-type structure providing such screening and buffering without architectural disruption.
  • Whenever possible, sustainable building practices and designs shall be employed.
  • If an applicant shall propose a design treatment which is consistent with the intent of these design guidelines, but inconsistent with one or more specific guidelines, but which contributes to a better design, for good cause the Planning Board may allow modification of one or more guidelines so as to achieve such a better design than would exist without such modification.
  • Special Permit Application
An application for a special permit for an ALRD shall include a plan meeting the requirements for a site plan specified in Section Vlll.D.2 and such other requirements as may be specified by the Planning Board.  The site plan for the ALRD may be contained in one or more plans prepared in a form suitable for recording by a Registered Professional Engineer or a Registered Land Surveyor, and in accompanying text and material.  Applicants shall secure the assistance of a Registered Architect and a Landscape Architect in preparation of the site plan.  A site plan, approved by the Planning Board, is a prerequisite of a special permit for an ALRD granted under this Subsection __, and construction of the ALRD shall be strictly in accordance with the approved site plan and the provisions of the special permit.  Insofar as not part of the site plan an application for a special permit for an ALRD shall also include the following plans and such other material as may be required by the Planning Board:
  • Existing conditions plan;
  • Topographical plan with two-foot contours;
  • Wetlands delineation plan (if applicable);
  • Utility Plan;
  • Storm water plan and drainage calculations;
  • Concept plans for the Building and any accessory structures. The plans shall include detailed elevations of the proposed Building with dimensions, square footage and  floor layouts;
  • Exterior elevations;
  • Massing studies including a three-dimensional representation of the proposed Building;
  • A minimum of one perspective rendering;
  • Landscape and hardscape plan including siting of all structures, grading, driveways, walkways, walls, parking plan, open space and showing significant natural site features;
  • Lighting plan showing all exterior lighting;
  • A description by the architect of the architecture of the proposed Building and an explanation of how it fulfills the requirements of the zoning;
  • A specification of all services to be provided to residents and specification of the area of the Building where such uses will occur;
  • Copies of the owner(s)’ deeds or deeds to the lot or lots for the site of the ALRD;
  • A plan showing any improvements and landscaping for any access road to the signalized intersection at which access to and egress from the ALRD shall be made from the state highway;
  • The proposed location of the sign for the ALRD and specification of its proposed size, and construction;
  • An affordable housing plan; and
  • A management plan, providing for safe and convenient operations and minimizing negative impacts of use of the dumpster(s) and of deliveries to the ALRD.
  • Affordable Housing
In an ALRD five percent of the units shall be set aside for eligible recipients of government or other subsidies (such as PACE, GAFC or similar subsidies available to persons of low or moderate incomes with limited assets) (“affordable units”) or such other substitute provision as may be approved by the Planning Board or a five percent set aside for persons of low or moderate incomes with limited assets.  There shall be a preference for Milton residents for the subsidized units insofar as legally permissible.  The operator shall take reasonable, good-faith measures to secure inclusion of these units on the Subsidized Housing Inventory maintained by the Department of Housing and Community Development (or successor document).  The provisions regarding affordable units shall be contained in an affordable housing plan to be approved by the Planning Board.  The plan shall be revised and updated periodically by the operator to meet new conditions or requirements.  Revisions and updates shall be subject to Planning Board review and approval.    

  • Application Review Fees
When reviewing an application for a special permit for an ALRD, the Planning Board may determine that the assistance of outside consultants is warranted due to the size, scale or complexity of the proposed project or because of the project’s potential impacts.  The Planning Board may require that an applicant pay a review fee, consisting of reasonable estimate of costs to be incurred by the Planning Board for employment of outside consultants.  In hiring outside consultants, the Planning Board may engage disinterested engineers, planners, architects, urban designers or other appropriate professionals.  Expenditures may be made at the direction of the Planning Board and shall be made only in connection with the review of the specific project for which the review fee has been paid.  Failure of an applicant to pay a review fee shall be grounds for denial of the application.  At the completion of the Planning Board’s review of the project, any unused portion of the review fee shall be returned to the applicant, and a final report of expenditures shall be provided to the applicant.

  • Notice, Procedures and Standards for Decision
The notice and procedural requirements set out in Section 1X.B and C and the standard to be used in rendering a decision set out in Section 1X.C shall apply to special permits for ALRDs under this Section.  The Planning Board may grant a special permit for an ALRD where it finds compliance with the foregoing standard and that (a) the ALRD meets the requirements of this Section and (B) the ALRD will not cause any substantial detriment to the neighborhood, will serve the public good and will provide a public benefit.   A special permit may be made subject to such terms and conditions as the Planning Board may find necessary or appropriate.

The provisions of this Subsection L shall be construed as being in substitution for the provisions of Section Vl.   Otherwise ALRDs shall be subject to other provisions of this bylaw where the context so permits.

  • On a motion made by Member Genega and seconded by Member Turner the meeting minutes from February 4, 2013 were approved. 7/0/1
  • On a motion made by Member Genega and seconded by Member Turner the meeting minutes from February 6, 2013 were approved. 8/0/0
  • On a motion made by Member Turner and seconded by Member Genega the meeting minutes from February 7, 2013 were approved. 8/0/0
  • On a motion made by Member Turner and seconded by Member Genega the meeting minutes from February 11, 2013 were approved. 7/0/1
  • On a motion made by Member Turner and seconded by Member Tougias the meeting minutes from February 25, 2013 were approved. 6/0/2
  • On a motion made by Member Turner and seconded by Member Genega the meeting minutes from February 27, 2013 were approved. 8/0/0
  • On a motion made by Member Genega and seconded by Member Boehler the Warrant Committee voted unanimously to adjourn at 10:20 pm. 8/0/0
Reserve Fund:           $404, 628.65
Set Aside (Police)              $125,000.00
Set Aside (131 Eliot)   $ 73,278.00
                        $206,350.65

Respectfully submitted,
Tricia Cahill, Warrant Committee Clerk