HomeMy Public PortalAboutAssisted Living amendmentTown of Watertown
Department of
Community Development and Planning
Administration Building
149 Main Street
Watertown, MA 02472
(617) 972-6417
FAX (617) 972-6484
To: Honorable Town Council
Michael J. Driscoll, Town Manager
From: Steve Magoon, DCDP Directo
Date: October 7, 2011
Subject: Zoning Ordinance Amendment regarding Assisted Living
Unfortunately, this amendment was not prepared until after the agenda for the Council meeting
had gone out. I have spoken with Council President Sideris and he will allow it to be added as new
business for first reading and referral.
As outlined in the attached text, we are proposing to amend the Zoning Ordinance to add Assisted
Living as a regulated use. The proposed language will amend Definitions, adding Section 2.05
Assisted Living; amend Section 5.01 Table of Use Regulations; amend Section 5.03 Notes, amend
Section 5.07 Affordable Housing, Applicability; and, amend Section 6.02 Required Off -Street
Parking. The attachment includes the recommended proposed revisions with language to be
removed in red etriketh rough and language to be added in redline.
This amendment clarifies the definition of Assisted Living and references the Massachusetts
General Law that regulates this use. Further, it adds the use to the Table of Use Regulations and
modifies the note for mixed use development to regulate Assisted Living in a similar fashion.
Assisted Living is institutional in nature and, therefore, should be exempt from the affordable
housing requirements. Lastly, during the review, a clerical error referencing the wrong section was
discovered in the parking reference for Assisted Living.
If this amendment has a first reading before the Honorable Town Council at the October 11, 2011
meeting, it will then be forwarded to the Planning Board for a public hearing and deliberation, in
accordance with section 9.20-9.22 of the Zoning Ordinance. Thereafter, a recommendation will be
forwarded by the Planning Board to the Honorable Town Council for public hearing and action.
Thank you for your consideration.
Cc Mark Reich, Kopelman and Paige
Mike Mena, Zoning Enforcement Officer
Danielle Evans, Senior Planner
Gideon Schreiber, Senior Planner
Raeleen Parsons, Purchasing Agent
1. Amend:, Section 2 .05 Defi nitio ns, Assisted Li ving
A housing setting for cid ers individuals who ne ed assistance with activiti es of daily living such as bathing, dressing, grooming, eating, and
transferring, and may include instrumental activities of daily living such as housek eeping, shopping, transportation . Each resident may have
their own room or rooms which may include bathroom, bedr oom, living room and kitchen -dining areas. (or as updated, M.G.L. Ch apter 19D
Assisted Living)
2. A mend: Section 5.01 Table of Use Reg ulatio ns , Section 5.01 .2.h
As a Principal Use
S-6
S-10
CR
SC
T
R .75
R1 .2
NB
LB
CB
1-1
1-2
1-3
PSCD
OSC
2. Institutiona l,
Transportation, Utility, and Agricult ur al Uses
9
Nursing home, rest home, or
convalescent home provided
the lot fronts on a street at
least 65 feet wide .
N
N
N
SP/SR
SP/SR
SP/SR
SP/SR
SP/SR
SP/SR
N
N
N
N
N
N
h.
Assisted Liv ing
N
N
N
N
N
SP/SR
SP/SR
SP/SR
SP/SR
SP/SR
N
N
N
N
N
rn
In
fn
3. Amend: Section 5.03 Notes to Table of Use Regulation s
(7) All residential uses that are pa rt of mixed -use developments shall be located only on floors above the ground floor, and in no
instance shall more than 15% of any ground floor lev el that fronts on a public way be used for the purposes of gaining access to the
residential uses. For assisted living, the first floor shall be non-re sidential in nature and shall be a combination of retail and ser vice
uses some of which may serve only the residents of the assisted living facility, to be determined through th e site plan review and
permitting process.
4. Amend: Section 5. 07 A ffordable Housing Requirements, Section 5.07.c.1 Applicability
(c) Applicability
(1)
Section 5.07 applies to any development, whether new constructio n, conversion, adaptive reuse or expansion of an existing
structure, involving the c reation of more than fiv e dwelling units or mo re than five (5) lots for residential use, and to any mixed -use
development involving the creation of mor e than fifteen (15) dwelling units . Assisted living , outside of the Assisted Living Overlay
Zone, Section 5.11 . shall be considered institutional and shall be exempt from Section 5.07 .
Developments may not be segmented to avoid compliance with this Section. "Segmentation " shall mean any development, whether
new constructi on, adapti ve reuse or redevelopment, or any division of land that would cumulatively result in an increase by five or
more residential lots or dwelling units above the number existing on a parcel of land or contiguous parcels in common ownership
twe nty-four months prior to the application. Wh ere such segmentation occurs, it sh all be subj ect to this Section as a covered
development. A subdivision or division of land shall mean any subdi vision as defin ed in the Subdivision Control Law, G.L. c .41,
Sections 81 K-81 GG, or any division of land under G.L . c .41, Section 81 P, into l ots for residential use.
5. Amend: Section 6.02 Required Off -Stre et Parking
Assisted Liv ing See Section 5.112(d)