NORTHBOROUGH – Concerns about a senior living facility were voiced by members of the Zoning Board of Appeals during their Jan. 6 meeting.
What is proposed
Located at 39-43 King Street on about two acres, conversations about the project go back several years.
In 2018, the site plans were approved to construct an assisted living facility that included 66 units. The applicant, Rashid Shaikh of ZHS Trust, sought an amendment to the special permit in 2021 to increase the number of units to 88. In a letter to the ZBA, Shaikh wrote that they sought to improve management efficiency with connection to public sewer. These plans were approved by the board.
Now, ZHS Trust has returned before the ZBA, seeking a modification to the site plan and a use variance to allow for a senior living facility as well as a special permit to operate an adult daycare.
The plans call for reducing the number of units back to 66 and using on-site sewage disposal instead of public sewer; the project had previously been approved for a septic system accommodating 10,000 gallons per day. The number of parking spaces increased to 108, which was obtained by eliminating units on the lower level, according to a letter from DGT Associates.
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During the Nov. 26 ZBA meeting, Shaikh said they heard from the Fire Department that there were a lot of calls to other facilities due to their memory care and nursing care units. He did research and learned that many other towns have independent living facilities that do not provide health care services and instead offer their health care services through a third party. He spoke with the Executive Office of Elder Affairs (EOEA), and agency staff told him no oversight from their office would be required if the facility did not offer a meal plan or 24/7 management.
“Unlike other towns, Northborough does not have any senior living category in its bylaws that provides a major hardship. Hence, it’s imperative for us to apply for the variance so we can build an affordable facility by most seniors,” Shaikh wrote.
Northborough’s zoning bylaw includes a definition for “assisted living facility” that calls for the residence to be certified by the EOEA. The bylaws also define a “continuing care retirement community.”
Under the new plans, the facility would not include a memory care unit or host medical staff. It would include an adult daycare, chapel, home theatre, library, gym and third-party off ice that may require oversight from the EOEA, according to Shaikh’s letter.
“In a nutshell, why are we here – we have a major sewer constraint, and we’re actually reducing that intensity. That’s not what developers like to do. We will be attracting seniors and helping them instead of offering them $7,000 to $10,000 per unit, we are offering $3,000 to $4,000 per unit with more third-party services so that you use [them] if you need it. If you don’t need it, you don’t need to pay for it,” Shaikh told the ZBA.
A ‘hole’ within zoning definitions
When the project first went before the ZBA on Nov. 26, board members asked numerous questions, including how the project could impact the town’s percentage of affordable housing and whether affordable units and sidewalks could be added.
During the Jan. 6 meeting, ZBA Chair Paul Tagliaferri said the most important thing was the use variance process before the board.
Tagliaferri said the question was whether the board would grant relief to allow an assisted living facility without licensing from the EOEA and relief in regards to density for multifamily.
“I don’t believe that allowing for an assisted living facility to not operate with appropriate licensing is a good use of a use variance,” said Tagliaferri.
He noted that Northborough did not have a zoning definition for “senior living.”
“It is a hole within our bylaws,” he said.
Member Jeff Gribouski said the project was originally allowed to have a high density because the facility would fall under the EOEA license.
“Once you took that away, the right to have that density is taken away,” he said.
He said other towns have sections in their bylaws for senior living facilities that include other considerations, such as density and requirements for open space. Gribouski also argued that rents between $3,000 to $4,000 would not be affordable for a lot people, particularly those over 55 and on fixed incomes.
Shaikh asked for the board to continue its meeting. He may return and potentially withdraw the application.
