[Massplanners] Community Residence/Group Home Bylaw

[Douglas Finn]

I'm assuming you're referring to MGL 40A Sec 3.

Do you refer to the section referring to "the use of land or structures, or
the expansion of existing structures, for the primary, accessory or
incidental purpose of operating a child care facility..."
Does the facility reasonably constitute a child-care facility?

Or are you referring to the section describing "the use of land or
structures for religious purposes or for educational purposes on land owned
or leased by the commonwealth or any of its agencies, subdivisions or
bodies politic or by a religious sect or denomination, or by a nonprofit
educational corporation..."
Does the use reasonably constitute an educational purpose?

Aside from all of that, I would suggest that the section does need
rewriting.  While it could - and should - provide for reasonable regulation
to protect the 'quiet enjoyment' of abutting residental properties, the
underlying use - a group home - should be allowable by right.  But, hey,
that's me.

- Doug.

Douglas Finn, Assistant
Edgartown Planning Board
70 Main Street, PO Box 5130
Edgartown, MA 02539
508-627-6170
dfinn at edgartown-ma.us


On Fri, Nov 12, 2021 at 8:25 AM Christopher Skelly via MassPlanners <
massplanners at masscptc.org> wrote:

> I am reviewing a community residence/group home bylaw that a planning
> board would like to revise.  The bylaw regulates a community residence or
> group home through a special permit process.  The bylaw is over 40 years
> old. I have included it below.
>
> Am I correct in believing that the Dover Amendment would exempt such uses
> under zoning?  I have various concerns over this bylaw and feel that it
> should be replaced in its entirety.
>
>
> The planning board would like to see examples from around the state that
> cover community residences/group homes.
>
>
> I would welcome your thoughts. Chris.
>
>
> *§89-1.  Definitions. *
>
>
>
> For the purposes of this chapter, the following terms shall have the
> meanings indicated:
>
>
>
> COMMUNITY RESIDENCE or GROUP HOME -- A residential facility which is
> designed to house five (5) or more persons under supervision and licensed
> by the appropriate agency of the Commonwealth of Massachusetts.
>
>
>
> *§89-2.  Number of residents limited. *
>
>
>
> The number of residents, including live-in staff, in all group homes shall
> not exceed in total one percent (1%) of the population of the town as
> determined by the most recent federal census.
>
>
>
> *§89-3.  Yard requirements. *
>
>
>
> A community residence or group home housing five (5) persons must have
> frontage of at least one hundred (100) feet, setback of at least fifty (50)
> feet and side lines of at least fifty (50) feet. Side lines shall be
> increased five (5) feet for every individual beyond five (5) living in the
> facility.
>
>
>
> *§89-4.  Off-street parking. *
>
>
>
> There shall be ample off-street parking to accommodate the staff and
> guests of the facility.
>
>
>
> *§89-5.  Special permit required; public hearing; required information. *
>
>
>
> A community residence or group home shall be authorized only by special
> permit issued by the Board of Selectmen after a public hearing duly called
> and held with written notice to the abutters, at which hearing the
> applicant for a community residence or group home shall submit an
> informational statement including the following:
>
>
>
> A.     Increase in vehicular traffic.
>
> B.      Changes in numbers of legal residents.
>
> C.      Effect on municipal services and usage.
>
> E.      Effect on public utilities.
>
> F.      Changes in tax revenue.
>
> G.     Listing of all required licenses and permits.
>
> H.     Compliance with Title V, General Laws, Chapter 21A (State
> Environmental Code).
>
>
>
>
>
> Chris Skelly, Project Specialist
>
> Berkshire Regional Planning Commission
>
> 1 Fenn St., Suite 201 | Pittsfield, MA 01201
>
> c: 413-834-0678
>
> cskelly at berkshireplanning.org
>
> www.berkshireplanning.org
>
> --
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org
>
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