ZONING BYLAW - Town of Charlton

of time is made to the Planning Board. Such construction, once begun, shall be actively
and continuously pursued to completion within a reasonable time. This two-year period
does not include such time as required to pursue or await the determination of an appeal
from the granting of this special permit.
10. Any future extension, addition of WCF, or construction of new or replacement
Towers or Stealth facilities shall be subject to an amendment of the Special Permit,
following the same procedure as for an original grant of a Special Permit.
5.10.10 Severability:
If any section of this bylaw is ruled invalid by any authority or a court of competent
jurisdiction, such ruling will not affect the validity of the remainder of the bylaw.
5.11 Special Permits for Senior Living Facilities:
Purpose
The purpose of the Senior Living Bylaw is to encourage residential development that
provides alternative housing choices for people that are fifty-five (55) years of age and
older. For the purposes of this bylaw, housing units are intended for occupancy by
persons fifty-five or over within the meaning of MGL Chapter 151B, Section 4,
subsection 6, and shall comply with the provisions set forth in 42 USC 3601 et seq. This
bylaw is also intended to promote affordable housing, efficient use of land and public
infrastructure, and to preserve open space.
Applicability
In order to be eligible for a Special Permit for a Senior Living Development, the property
under consideration must be a parcel or set of contiguous parcels held in common
ownership, totaling at least ten (10) acres in size and located entirely within the
Agricultural (A), Low Density Residential (R-40), Village (V), or Residential-Small
Enterprise (R-SE) zoning districts as set forth on the Zoning Map. In a Senior Living
Development, notwithstanding the provisions of the Table of Use Regulations (Section
3.2-Use Regulations), only those uses specified in this section 5.11 shall be allowed.
Types of Dwellings, Facilities, and Uses Permitted
The following use(s) are allowed as of right, subject to the dimensional and other
requirements of this section 5.11: detached one-family dwellings. The following uses,
facilities and structures shall be permitted only upon a Special Permit granted by the
Planning Board: detached or attached dwellings of any combination, (other than the
aforementioned use(s) permitted as of right); restorative care center, skilled nursing
facility, clinic, congregate housing, assisted living facility, and accessory uses for in-
Charlton Zoning Bylaw, 09/2012 64