Article 4


Are you in favor of the adoption of Amendment No. 3 as proposed by the Planning Board for the Town of Pelham Zoning Ordinance as follows:

Amend Article IX, Section 307-53-4 D, Senior and Elderly Housing, to correct a conflict that currently directs applicants to provide plans based on two separate sets of regulations?  (Recommended by the Planning Board).

Status

Originator Planning Board
Planning Board 5-0-0

Voter's Guide Explanation

In March, 2005 the voters approved a Senior & Elderly Housing zoning article that allows developers to build upscale housing for adult and senior citizens that will have a positive tax impact because the age restrictions result in far fewer children attending Pelham Schools. When the Senior & Elderly Housing article was drafted it inadvertently required all projects to adhere to both Pelham's Subdivision Regulations (intended for residential projects) and Pelham's Site Plan regulations (intended for non-residential projects). Since these two sets of regulations have different and sometimes conflicting requirements, the Planning Board is seeking to correct the error by removing all references to "Site Plan" throughout the Senior & Elderly zoning article. Senior and Elderly housing is clearly residential housing and should be governed by the Town's Subdivision regulations. Once this housekeeping correction is made all Senior & Elderly projects will be subject to a complete and thorough Planning Board review with ample opportunity for abutter and public input at properly noticed public meetings.


Backup Data


Proposed language italicized.

Language to be removed strikethrough.

Item #3: Amend Article IX, Section 307-53 A and 307-53-4 D Senior & Elderly Housing to correct a conflict that currently directs an applicant to provide plans based on two separate sets of regulations.   

Existing language:

307-53  Site Plan Approval

A.    Each proposed elderly housing complex must receive site plan approval from the Pelham Planning Board in accordance with its Site Plan Regulations.

B.    The Planning Board shall review all applications for housing developments for the elderly according to the above procedures and approve or deny such applications and require such covenants or legal restrictions they deem necessary to insure the intent of the ordinance.

C.    Each site plan for an elderly housing complex must:

1.     Respect the integrity of adjacent single-family neighborhoods and, to the extent feasible, minimize any conflicts with the character of the existing neighborhood.

2.     The design and site layout of the development shall maximize the privacy of the dwelling units, preserve the natural character of land where feasible, provide for the appropriate separation of parking and living area as determined by the specific use, and consider such factors as orientation, energy usage, view, etc.

3.     The development shall be landscaped so as to enhance its compatibility with the Town with emphasis given to the use of existing natural features where possible.

4.     The Planning Board may require sufficient landscaped or naturally vegetated buffers for adjacent uses. Buffers shall be maintained to provide continued screening.

5.     Performance Bond and other legal data shall be submitted as required by the Planning Board to insure the completion of streets, buffers, and amenities in accordance with the accepted plans and the Subdivision Regulations of the Town of Pelham as adopted or hereafter amended.

307-53-4 Other Provisions

D.    Performance Guarantees Required: The Planning Board shall require that a performance bond and/or such other legal assurances be submitted as are required to insure the completion of streets, buffers, amenities, or common area improvements, in accordance with the approved plans and the Subdivision and Site Plan Regulations of the Town of Pelham.

Proposed language

307-53  Site Plan Approval

A.    Each proposed elderly housing complex must receive site plan approval from the Pelham Planning Board in accordance with its Site Plan Regulations in accordance with its Subdivision Regulations.

B.    The Planning Board shall review all applications for housing developments for the elderly according to the above procedures and approve or deny such applications and require such covenants or legal restrictions they deem necessary to insure the intent of the ordinance.

C.    Each site plan for an elderly housing complex must meet the following conditions:

1.     The proposed development must respect the integrity of adjacent single-family neighborhoods and, to the extent feasible, minimize any conflicts with the character of the existing neighborhood.

2.     The design and site layout of the development shall maximize the privacy of the dwelling units, preserve the natural character of land where feasible, provide for the appropriate separation of parking and living area as determined by the specific use, and consider such factors as orientation, energy usage, view, etc.

3.     The development shall be landscaped so as to enhance its compatibility with the Town with emphasis given to the use of existing natural features where possible.

4.   The Planning Board may require sufficient landscaped or naturally vegetated buffers for adjacent uses. Buffers shall be maintained to provide continued screening.

5.     Performance Bond and other legal data shall be submitted as required by the Planning Board to insure the completion of streets, buffers, and amenities in accordance with the accepted plans and the Subdivision Regulations of the Town of Pelham as adopted or hereafter amended.

307-53-4 Other Provisions            

D. Performance Guarantees Required: The Planning Board shall require that a performance bond and/or such other legal assurances be submitted as are required to insure the completion of streets, buffers, amenities, or common area improvements, in accordance with the approved plans and the Subdivision and Site Plan Regulations of the Town of Pelham.