Loading...
8409_ZONING AMENDMENT - ASSISTED LIVING FACILITIES - PLANNING BD. Sq 0 q zuy).l ! 5515�e L�vah � J Ink 5 �+OtnY1IYL ��_ CC— Vt Reading approved on 216106 as amended Ca _ C e--�IL&J&A C� � • -�-� TOR --2446 1 _ 0V_- AN ORDINANCE TO AMEND ARTICLE 1, § 180-2 B DEFINITIONS AND ARTICLE X, INDUSTRIAL A DISTRICTS § 180-55 B BY ADDING 32, ASSISTED LIVING FACILITIES, OF THE CODE OF THE TOWN OF AGAWAM (Initiated by the Agawam Planning Board) February 16, 2006 WHEREAS, Article X, Industrial A Districts § 180-55 B, of the Code of the Town of Agawam authorizes certain industrial uses after a public hearing before the Board of Appeals; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article X, § 180-55 B by adding a new subsection 32; and WHEREAS, the amendment proposes Assisted Living Facilities be allowed after { a public hearing before the Board of Appeals in Industrial A Districts; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE X, INDUSTRIAL A DISTRICTS § 180-55 B OF THE CODE OF THE TOWN OF AGAWAM BY ADDING SUBSECTION 32, TO READ' AS FOLLOWS UPON ADOPTION: Article X, Section 180-55 B (32) Assisted Living Facilities as defined in M.G.L. Chapter 19D. =} DATED THIS C fl DAY OF , 2006. �' PER O ER OF THE AGAWA CITY COUNCIL BWaRMAheault;City Council President APPR AS 0RM L GALITY Th mas S. Lo Cit 'citor I t; . a� MAYORAL ACTION - Received this 21 s t day of March , 2006 from Town Council Clerk. Signed by Council President this 20-th day of March " ` ) 2006. APPROVAL QF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this 2 2 n d day of March , 2006. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION t By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as amended, I hereby veto the passage of the above legislation on this day of 2006 for the following reasons): 1 Richard A. Cohen, Mayor RETURN OF LEGISLATION TO CQUNCIL CLERK I Returned to Council Clerk this 2 2 n d day of March —, 2006. . t Town of Agawam y 36 Main Street Agawam, Massachusetts 01001-1837 � o Tel. 41.3-786-0400 Fax 413-786-9927 -r. C' I Cam. February 17, 2006 -17 co Donald M. Rheault, President. cn r7- Robert A. Magovern,Vice President George Bitzas; Councilor a Cecilia Calabrese, Councilor Ruth Carr-Bitzas, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert Rossi, Councilor , Jill Simpson, Councilor Robert M. Young Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on February 16, 2006, the Agawam Planning'Board voted to send a positive recommendation to the Town Council for the attached proposed Zoning Amendment to Section 180-55B 32 - Assisted Living Facilities as amended. Sincerely, �s] Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk Solicitor Board of Appeals FiV' TOR —2006- AN ORDINANCE TO AMEND ARTICLE 1, § 180-2 B DEFINITIONS AND ARTICLE X, INDUSTRIAL A DISTRICTS § 180-55 B BY ADDING 32, ASSISTED LIVING FACILITIES, OF THE CODE OF THE TOWN OF AGAWAM . (Initiated by the Agawam Planning Board) February 16, 2006 WHEREAS, Article X, Industrial A Districts § 180-55 B, of the Code of the Town of Agawam authorizes certain industrial uses after a public hearing before the Board of Appeals; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article X, § 180-55 B by adding a new subsection 32; and WHEREAS, the amendment proposes Assisted Living Facilities be allowed after a public hearing before the Board of Appeals in Industrial A Districts; and WHEREAS, the amendment further proposes to add a definition of Independent Living in Article 1, § 180-2 of the Code of the Town of Agawam; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I,. § 180-2 B BY ADDING THE DEFINITION OF THE WORD INDEPENDENT LIVING AND ARTICLE X, INDUSTRIAL A DISTRICTS § 180-55 B OF THE CODE OF THE TOWN OF AGAWAM BY ADDING SUBSECTION 32, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION:- Article I, Section 180-2 B INDEPENDENT LIVING — A facility that provides residential accommodations for adults 60 years and older. These residences may include common areas, a common dining facility and space for the provision of social, psychological and education programs. Home health care or other community based services may be used on an individual basis. Meals, linen and housekeeping services may be offered. There may be some maintenance staff, but there is no medical or supervisory staff. Article X, Section 180-55 B (32) Assisted Living Facilities as defined in M.G.L. 1 M Assisted Living Facilities may also contain units of Independent Living within the same structure. DATED THIS DAY OF , 2006. PER ORDER OF THE AGAWAM CITY COUNCIL Donald M. Rheault, City Council President AP VED AS O O ND LEGALITY omas , City Solicitor LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, February 16, 2006 at 7:00 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board for a proposed zoning amendment to Section 180-55B 32 Assisted Living Facilities A copy of the proposal can be obtained from the Agawam Planning Office or the Agawam Town Cleric's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 2/2/06 & 2/9/06) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing& Community Development, Boston Town of /Igawam 36 Main Street Agawam, Massachusetts 01001-1837 y Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ASSISTED LIVING ZONING AMENDMENT. DATE: JANUARY 13, 2006 The Planning Board will be holding a public hearing on Thursday, January 19, 2006, on a proposed amendment to the Agawam Zoning Ordinance which would allow"Assisted Living Facilities"by Special Permit of the Board of Appeals in the industrial A and B Districts. Based on discussion with other communities and facilities which offer this type of care, I am suggesting that the proposed amendment be expanded to allow "Independent Living" units also. The retirement industry is now promoting a model which offers varying degrees of assistance on the same site. Heritage Hall is one such development. Seniors who no longer wish to live in their own home have the option of moving into a facility which offers relatively independent,'physically active seniors a common dining facility, housekeeping, transportation and some social and educational programs. The same facilities may also have units for seniors who need some assistance with daily activities such as meals, dressing and physical hygiene. No medical or nursing services are provided. The amendment, as drafted, does not allow for the"Independent Living" units. "Assisted Living" housing is only one component of this type of "Continuing Care Retirement Facility". I am proposing the attached revision to the proposed amendment. It requires through the definition of "Independent Living"that these units be occupied by residents 60 years and older. The amendment also requires that"Independent Living"units be found in the same building as the"Assisted Living" units to address any concerns over a proliferation of these type of developments. The wording in bold could also be included to address some problems which may arise in the future. C, 0 Amend Article X, § 180-55 B by adding(32) Assisted Living Facilities as defined in M.G.L. 19D. Assisted living facilities may also contain units of Independent Living within the same structure. Allowed Non-Residential Uses: 1. The operator of a senior housing facility may also provide optional accessory use services on the site including but not limited to local transportation, barber/beauty services, sundries for personal consumption, and other amenities, provided: a) such uses serve primarily the residents of the development; b) such uses conducted within and may be entered only from within a principal building; c) there is no external evidence of such uses visible beyond the property; d) the appearance and character of the commercial uses are compatible with a residential development. 2. All senior housing facilities proposed in or adjacent to residential districts shall be constructed so as to be residential in appearance. No structures shall exceed 40 feet or two stories and shall have sloped roofs. No driveways, parking areas, or circulation aisles may be constructed in a side or rear yard setback abutting a residential district. Side and rear yard setbacks shall be landscaped to provide a buffer between adjacent uses. However, walking paths for the residents of a senior housing facility may be located within the side or rear yard setbacks. 3. No living space shall be located below the finished grade of the adjoining ground. 4. The maximum number of residential units or beds on a site shall be determined by the Board of Appeals based on such factors as but not limited to, impact on the neighborhood, affordability for residents, quality of life, and provisions for adequate open space, recreational facilities, parking, landscaping and buffers. Definition of Independent Living A facility that provides residential accommodations for adults 60 years and older. These residences may include common areas, a common dining facility and space for the provision of social, psychological and education programs. Home health care or other community based services may be used on an individual basis. Meals, linen and housekeeping services may be offered. There may be some maintenance staff, but there is no medical or supervisory staff. Aghk To: Planning Board From: Ursula Retzler, Council Clerk Subject: Zoning Amendment - 2006-1 Date: January 11, 2006 ZONING AMENDMENT - to Sec. 180-55B 32 - Assisted Living Facilities. Received by CounC '1 f Bl .g. Oepmt. on January _ 111 ;___2006- P1 annin-Roard to hn_1_d piihlir haaring ran Jan�� 19, 2gG6-City Council proposed to hold their puff l i c hearing on -F after � E on Ah ry 7 anning Board signature M-1209 o� 9 Town of A awam ' 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 arED January 10, 2006 Donald M. Rheault, President . Robert A. Magovern,Vice President 4 George Bitzas, Councilor a nX Cecilia Calabrese, Councilor ME . Ruth Carr-Bitzas, Councilor nr-- arn Gina M. Letellier, Councilor D Joseph Mineo,'Councilor as Dennis Perry, Councilor Robert Rossi, Councilor r- Jill Simpson, Councilor Robert M. Young Agawam Town.Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on December 15, 2005, the Agawam Planning Board voted to act as the petitioner for the attached proposed Zoning Amendment to Section 180-550 32 - Assisted Living Facilities. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk Solicitor Board of Appeals File Proposed Zoning Amendment "Assisted Living Facilities" Article X, Industrial A District, Section 180-55B Add Section 180-55B 32 "Assisted Living Facilities as defined under M.G.L. Chapter 19D". Town ofAgawam 36 Main Street Agawam, Massachusetts 01001-1837 � D MAy` Tel. 413-786-0400 Fax 413-786-9927 MEMO TO: Building Inspector Engineering/DPW Safety Officer Fire Department Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board SUBJECT: Proposed Zoning Amendment - Section 180-55B 32 - Assisted Living Facilities DATE: January 10, 2006 The Planning Board has received the attached zoning amendment from the Agawam Town Council which was petitioned by the Agawam Planning Board regarding Assisted Living Facilities. A public hearing has been scheduled by the Planning Board for January 19, 2006. Please submit any comments you may have prior to that date. Sincerely, Der ni3�s B. Ho kips hai an p AGAWAM PLANNING BOARD DBH:pre Proposed Zoning Amendment "Assisted Living Facilities" Article X, Industrial A District, Section 180-55B Add Section 180-55B 32 "Assisted Living Facilities as defined under M.G.L. Chapter 191)". • o�� 9 Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 ATEO c t _ January 10, 2006 -"- i c o Donald M. Rheault, President Robert A. Magovern,Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr-Bitzas, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert Rossi, Councilor Jill Simpson, Councilor Robert M. Young Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on December 15, 2005, the Agawam Planning Board voted to act as the petitioner for the attached proposed Zoning Amendment to Section 180-55B 32 - Assisted Living Facilities. Sincerely, , �y Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk Solicitor Board of Appeals File LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, January 19, 2006 at 6:30 PM at the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board for a proposed zoning amendment to Section 180-55B 32 - Assisted Living Facilities. A copy of the proposal can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 115106 & 1/12/06) cc: Planning Boards in: Westfield West Springfield Suffield Southwick Springfield Pioneer Valley Planning Commission Department of Housing& Community Development, Boston Tows. of Agawam 10, 30 h 36 Main Street Agawam, Massachusetts 01001-1837 mac* 0 May`1 Tel. 413-786-0400 Fax 413-786-9927 A1� z C J '20c January 10, 2006 Donald M. Rheault, President Robert A, Magovern,Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor a Ruth Carr-Bitzas, Councilor Cz Gina M. Letellier, Councilor a `? Joseph Mineo, Councilor Dennis Perry, Councilor 3 Robert Rossi, Councilor Dx Jill Simpson, Councilor ' Robert M. Young Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on December 15, 2005, the Agawam Planning Board voted to act as the petitioner for the attached proposed Zoning Amendment to Section 180-55B 32 - Assisted Living Facilities. Sincerely, el- 0 1 tJ -/ Dennis B. Hopkins, Chairman Pro ro AGAWAM PLANNING BOARD � rctp - Yoe cc: Clerk . , _ �t Solicitor � . f .: Board of Appeals File pp Assisted Living Program overview Page 1 of 1 E l d e r Affairs Mass. November 16, 2005 CHealth & Human Services WMass.Gov Home @Staft A en des N ate t Home>Housing>Assisted Living> Assisted Living Program overview Elders - The Office of Elder Affairs certifies Assisted Living Residences in Massachusetts and offers the Assisted Living Ombudsman Program to provide advocacy, information and complaint resolution to consumers. Online S_ervi • Search Long One of the most rapidly growing forms of residential long-term care in Massachusetts is Options . _ Assisted Living. Assisted Living Residences (ALRs) offer a combination of housing, meals Find Walkin and personal care services to adults on a rental basis. Assisted livin residences are not teighborho the same as licensed nursing facilities; ALRs do not provide medical or nursing services. Resources i ey are no e—si`gn_eVo_—rpe—opF5­Wf7o7 need serious medical care, Care • Search 800. Instead, assisted living is intended for adults who may need some help with activities-such- Services for as housecleaning, meals, bathing, dressing and/or medication reminders and who would • Find Comm like the security of having assistance available on a 24 hour basis in a residential and non- More... institutional environment. The underlying philosophy of assisted living is based on providing needed services to residents in a way that enhances their autonomy, privacy,and laLir51 individuality. Residents have the right to make choices in all aspects of their lives. . • Office of Eft • Elder Meals • E_deral Gq Benefits • Tax Tips foi Retirees P • Fraud preve consumers More... &,2005 Commonwealth of Massachusetts Site Policies About Us I http://www.mass.gov/portal/sitelmassgovportal/menuitem.14191 bbddbe631 c... 1 1/16/2005 tieneral Laws of Massachusetts - 6.L.c. 19D, § 1. Oetinitions. Page 1 of 2 General Laws of Massachusetts rl General Laws of Massachusetts PART I ADMINISTRATION OF THE GOVERNMENT TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH f CHAPTER 19D. ASSISTED LIVING G.L.c. 19D, § 1. Definitions. Section 1. When used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings: "Applicant", any person applying to the department for original certification as a sponsor. "Assistance with activities of daily living", physical support, aid or assistance with bathing, dressing/grooming, ambulation, eating, toileting or other similar tasks. "Assistance with" or "Supervision of instrumental activities of daily living", providing support, aid, assistance, prompting, guidance, or observations of meal preparation, housekeeping, clothes laundering, shopping for food and other items, telephoning, use of transportation and other similar tasks. "Assisted living residence" or "Residence", any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria: 1. provides room and board; and 2. provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and 3. collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same. "Department", the executive office of elder affairs. "Elderly housing", any residential premises available for lease by elderly or disabled individuals which is financed or subsidized in whole or in part by state or federal housing programs established primarily to furnish housing rather than housing and personal services, as set forth in a listing established by the secretary of elder affairs, and which was never licensed under chapter one hundred and eleven. "Manager", the individual who has general administrative charge of an assisted living residence. "Personal services", assistance with or supervision of activities of daily living, self-administered medication management, or other similar services specified by regulation, http:/1www.loislaw.com/pns/tcdoeview.htp?dockey=4258943(a),MACODE 1/11/2006 general Laws of massaenusens - U.L.C. i yli, g i. uennitions. Yage L of 2 but not including concierge services, recreational or leisure services, or assistance with instrumental activities of daily living. "Resident", an adult who resides in an assisted living residence and who receives housing and personal services and, when the context requires or permits, such individual 's legal representative. "Self-administered medication management", reminding residents to take medication, opening containers for residents, opening prepackaged medication for residents, reading the medication label to residents, observing residents while they take medication, checking the self-administered dosage against the label of the container, and reassuring residents that they have obtained and are taking the dosage as prescribed. "Skilled nursing care", the skilled services described in 106 CMR 456. 252 as revised on July first, nineteen hundred and ninety-one. "Sponsor", the person who is named in the certification of an assisted living residence. "Supervision of activities of daily living", reminding residents to engage in personal hygiene and other self-care activities and, when necessary, observing or assisting residents while they attend to activities such as bathing or dressing to assure their health, safety or welfare. "Unit", a portion of an assisted living residence designed for and occupied pursuant to residency agreements by one or more individuals as the private living quarters of such individuals. Copyright®2006 l.oisfaw.com,Inc.All Rights Reserved http://www.Ioislaw.com/pns/tcdocview.htp?dockey=4258943(a),MACODE 1/11/2006 lienerat Laws or Massachusetts - U.L.C. 19ll, g 1. Sponsor's duties. Yage 1 of 1 General Laws of Massachusetts :bM General Laws of Massachusetts ( PART I ADMINISTRATION OF THE GOVERNMENT TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH ( CHAPTER 19D. ASSISTED LIVING G.L.c. 19D, § 2. Sponsor's duties. Section 2. Every sponsor of an assisted living residence shall: (i) obtain and maintain certification as provided in sections three and four; (ii) be subject to oversight as provided in sections five and seven; (iii) afford residents the rights set forth in section nine; (iv) provide self-administered medication management as set forth in section ten; (v) provide services to residents in accordance with service plans developed through a process by which staff of the residence discuss the service plan and the needs of the resident with the resident and his representative or designee in such a way that the consequences of a decision, including any inherent risk, are understood by all parties and reviewed periodically in conjunction with the service plan, taking into account changes in the resident's status and the ability of the residence to respond accordingly, and as set forth in section twelve; (vi) coordinate and provide personal services and other services required under service plans as set forth in section twelve; (vii) maintain a written progress report on each person who receives such services which describes the type, amount, duration, scope, and outcome of services that are rendered and the general status of the resident's health; (viii) enter into a residency agreement with each resident as set forth in section fourteen; and (ix) meet the minimum management and staffing qualifications as set forth in section fifteen. Copyright®2006 Loislaw.com,Inc.All Rights Reserved http://www.loislaw.com/pns/tedocview.htp?dockey=4258944(@,MACODE 1/11/2006 lieneral Laws or Massachusetts - li.L.c. 190, § 3. Certification of assisted living residenc... Page 1 of 1 General Laws of Massachusetts General Laws of Massachusetts n PART I ADMINISTRATION OF THE GOVERNMENT n TITLE 11 EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH 0 CHAPTER 19D. ASSISTED LIVING G.L.c. 19D, 9 3. Certification of assisted living residences; exemptions. Section 3. Assisted Living Residences to be Certified; Exemptions. No person shall advertise, operate or maintain an assisted living residence without the certification required by this chapter, including assisted living residences sponsored by the following entities; provided, however, that the provisions of this chapter shall not apply to such entities for the original facilities and services for which said entities were originally licensed or organized to provide: (1) convalescent homes, nursing homes, rest homes, charitable homes for the aged or intermediate care facilities for the mentally retarded licensed pursuant to section seventy-one of chapter one hundred and eleven; (2) hospices licensed pursuant to the provisions of section fifty-seven D of chapter one hundred and eleven; (3) facilities providing continuing care to residents as defined by section seventy-six of chapter ninety-three; (4) congregate housing authorized by section thirty-nine of chapter one hundred and twenty-one B; (5) group homes operating under contract with the department of mental health or the department of mental retardation; or (6) housing operated for only those duly ordained priests, or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious orders. The provisions of this chapter shall not apply to elderly housing. Copyright®2006 Loislaw.com,Inc.All Rights Reserved http://www.loislaw.com/pns/tedoeview.htp?dockey=4258945PMACODE 1/11/2006 Veneral Laws or massacnuseus - V.L.C. vn), g Y. Kesiaent rights. Fage 1 of L General Laws of Massachusetts M General Laws of Massachusetts PART I ADMINISTRATION OF THE GOVERNMENT M TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH Cj CHAPTER 19D. ASSISTED LIVING G.L.c. 19D, § 9. Resident rights. Section 9. (a) Every resident of an assisted living residence shall have the right to: (1) Live in a decent, safe, and habitable residential living environment. (2) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy. (3) Privacy within the resident's unit, subject to rules of the assisted living residence reasonably designed to promote the health, safety and welfare of residents. (4) Retain and use his own personal property, space permitting, in the resident's living area so as to maintain individuality and personal dignity. (5) Private communications, including receiving and sending unopened correspondence, access to a telephone, and visiting with any person of her or his choice. (6) Freedom to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community. (7) Directly engage or contract with any licensed health care professionals and providers to obtain necessary health care services, in the resident's unit or in such other space in the assisted living residence as may be made available to residents for such purposes to the same extent available to persons residing in private homes. (8) Manage his own financial affairs. (9) Exercise civil and religious liberties. (10) Present grievances and recommended changes in policies, procedures, and services to the sponsor, manager or staff of the assisted living residence, government officials, or any other person without restraint, interference, coercion, discrimination, or reprisal. This right includes access to representatives of the ombudsman program under section seven hereof. (11) Upon request, to obtain from the residence in charge of his care the name of the service coordinator or any other persons responsible for his care or the coordination of his care. (12) To confidentiality of all records and communications to http://www.toislaw.con-/pns/tcdocview.htp?dockey=4258951(&MACODE 1/11/2006 General Laws ot`Massachusetts - G.L.c. l 9D, § 9. Resident rights. Page 2 of 2 the extent provided by law. (13) To have all reasonable requests responded to promptly and adequately within the capacity of the residence. (14) Upon request, to obtain an explanation as to the relationship, if any, of the residence to any health care facility or educational institution insofar as said relationship relates to his care or treatment. (15) To obtain from a person designated by the residence a copy of any rules or regulations of the residence which apply to his conduct as a resident. (16) To privacy during medical treatment or other rendering of services within the capacity of the residence. (17) To informed consent to the extent provided by law. (16) To not be evicted from the assisted living residence except in accordance with the provisions of landlord tenant law as established by chapter one hundred and eighty-six or chapter two hundred and thirty-nine. (b) The manager shall ensure that a written notice of the rights, obligations and prohibitions set forth in this chapter is posted in a prominent place in the assisted living residence. This notice shall include the name, address, and telephone numbers of the ombudsman office and the department where complaints may be lodged. Copyright©2006 Loislaw.com,Inc.All Rights Reserved http://www.loislaw.comlpns/tcdocview.htp?dockey=4258951(a),MACODE 1/11/2006 General Laws of Massachusetts - l•r.L.c. 191.1, � 1 is. Ulassitication of assisted living reside... Yage t of 1 General Laws of Massachusetts `j General Laws of Massachusetts PART I ADMINISTRATION OF THE GOVERNMENT TITLE 11 EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH CHAPTER 19D. ASSISTED LIVING G.L.c. 19D, § 18. Classification of assisted living residences. Section 18 . (a) Assisted living residences shall not be subject to the provisions of sections twenty-five B to twenty-five H, inclusive, section fifty-one and sections seventy E to seventy-three B, inclusive, of chapter one hundred and eleven or the seventh full paragraph of section nine of chapter forty A of the General Laws. (b) No person or residential facility offering, providing or arranging for the provision of assistance with or supervision of instrumental activities of daily living only shall be required to obtain certification under this chapter or a license pursuant to section seventy-one of chapter one hundred and eleven of the General Laws. (c) For the purposes of-this chapter, and any other general or special law classifying real estate property for the purpose of taxation, and notwithstanding the provisions of section twenty-seven C of chapter twenty-nine of the General Laws, a municipality shall classify the portion of any building operated as an assisted living residence in the same category as property held or used for human habitation. (d) Regardless of the designation of an assisted living residence as a residential, institutional or other use under any zoning ordinance, assisted living residences certified under this chapter shall be regarded as residential uses for the purposes of the state building code and shall be so regarded by the building inspectors of each city and town in the commonwealth. Copyright 0 2006 Leislaw.com,Inc.All Rights Reserved http://www.loislaw.coin/pns/tcdocview.htp?dockey=4258960(a�,MACODE 1/11/2006 we>come to Loistaw, komprenensive, 1Casy-to-use, ArroraaDte Legai xesearcn rage i or i Collapse Menu/Full Screen Home I Law Links I Help 8 Technical Support I Contact Us Loislaw Find A Case Find Multiple Citations [My Account M Saved Searches Common Questions I I Client Billin Timer Eon Out > Start Page> State Libraries > Massachusetts Library > Search General Laws of Massachusetts > Results List: 19d,assisted(3 found) > Result#3: General Laws of Massachusetts-CHAPTER 19D.ASSISTED LIVING > General Laws of Massachusetts Table of Contents •General Laws of Massachusetts -G.L.c. 19D, § 12. Individualized plans for residents. Prev. Result Prev. Doc I< << < > >> >I I Next Doc Next Result General Laws of Massachusetts General Laws of Massachusetts PART I ADMINISTRATION OF THE GOVERNMENT TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH l CHAPTER 19D.ASSISTED LIVING G.L.c. 19D, § 12. Individualized plans for residents. Section 12. (a) Each assisted living residence shall develop and maintain together with each resident, an individualized plan for each resident describing in lay terms the needs of the resident for personal services and the providers, or intended providers thereof, and the frequency and duration of such services, and containing such other information as the department may reasonably require by regulation. Such plan shall be confidential, shall be in writing signed by the resident and available for inspection by the resident, the department and its authorized designees under subsection (a) of section five. For residents receiving assistance under chapter one hundred and eighteen E, such service plans shall be developed in consultation with the pre-screening assessor as set forth in section thirteen of this chapter. (b) Each assisted living residence shall designate one or more persons to help coordinate the preparation and periodic review and revision of service plans for each resident as service coordinator. The service coordinator may be an employee of the sponsor. The service coordinator shall be qualified by experience and training to develop, maintain and implement or arrange for the implementation of individualized service plans. (c) Each assisted living residence shall maintain written policies and procedures for the initial evaluation and periodic reassessment of the functional and health status and service requirements of each consenting resident, until such time that the department establishes regulations for uniform requirements relative to said evaluation and periodic reassessments. Copyright®2GO6 Loislaw.com,Inc.All Rights Reserved GlobalCite Save Search I New Window Print Doc ®taislaw.com Inc. I License Agreement I PriPri_�aCV Policy I Careers http-Hwww.loislaw.com/pns/index.htp 1/11/2006 Kesult 4j: Ueneral Laws o1 Massacnuseus - (r.L.c. 1VL), $ 13. Yre-screening ana service ... Page 1 or i General Laws of Massachusetts ] General Laws of Massachusetts PART I ADMINISTRATION OF THE GOVERNMENT TITLE 11 EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH n CHAPTER 19D. ASSISTED LIVING G.L.c. 19D, § 13. Pre-screening and service plan monitoring assessments for medical assistance recipients. Section 13. All elderly residents or residents with special needs who seek admission to an assisted living residence and who are eligible for the medical assistance program under chapter one hundred and eighteen E, shall: 1. Be afforded the opportunity to apply for assisted living residence services, and be informed about the eligibility requirements and his or her rights and obligations under the program. 2. Have an initial pre--screening assessment conducted for the purposes of determining eligibility for and need of assisted living services. Such assessment shall consider the appropriateness of assisted living services for said resident, and other community-based alternatives that are appropriate and available. 3. Have a service plan monitoring assessment conducted by an assessor at the site of the assisted living resident annually from the date of initial occupancy. Said monitoring assessment- shall determine if the services provided to the resident are meeting his or her needs as determined in the service plan, the assessor shall report any instances of resident abuse or neglect pursuant to section fifteen of chapter nineteen A and section seventy-two G of chapter one hundred and eleven of the General Laws. With the consent of the division of medical assistance, the secretary may contract for the purpose of administering subparagraphs 1 to 3, inclusive, with one or more non-profit agencies, one or more home care corporations as defined in clause (c) of the third paragraph of section four of chapter nineteen A of the General Laws, a combination of such home care corporations as determined, by the department, or a state agency. Privately paying elderly residents or residents with special needs who are not eligible for medical assistance under chapter one hundred and eighteen E of the General Laws, may be offered the services specified in said subparagraphs 1 to 3, inclusive, on a fee for service basis; provided, however, that the executive office of elder affairs shall promulgate such regulations as are necessary to carry out the provisions of this section. Copyright®2006 Loislaw.com,Inc.All Rights Reserved http://www.loislaw.com/pns/docview.htp?query=%28°/a2819d%29%3CIN%3EGB%29%3... 1/l 112006 xesuit rFl: tienerai Laws or iviassacnusetls - tJ.L.C. iyli, S 1 1. AQVlsory council. rage i or i General Laws of Massachusetts .y1 General Laws of Massachusetts n PART I ADMINISTRATION OF THE GOVERNMENT n TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH f=�q CHAPTER 19D. ASSISTED LIVING G.L.c. I9D, § 17. Advisory council. Section 17. Notwithstanding any general or special law to the contrary, there shall be established an assisted living advisory council within the executive office of elder affairs. Said advisory council shall advise the secretary of elder affairs relating to the regulations authorized under this chapter. Said advisory council shall be comprised of the secretary of elder affairs or his designee who shall serve as chairperson, the director of housing and community development or his designee; the secretary of health and human services or his designee, and six members to be appointed by the governor upon nomination by the secretary of elder affairs, three of whom shall represent resident consumer interests and two of whom shall represent sponsors and managers of assisted living residences. The advisory council shall by majority vote establish its own rules and procedures. Members of the council shall be appointed for terms of one year each. The council shall meet not less than on a quarterly basis, and it shall prepare a report of its activities, not less than annually, that shall be made available to the public and the general court. Copyright 0 2006 Loislaw.com,Inc.All Rights Reserved http://www.loislaw.com/pns/docview.htp?query=%28%2819d%29%3CIN%3EGB%29%3... 1/11/2006 i,wsuit iFz: venerai Laws or iviassacnusetts - U.L.c. 1 y11, g i b. xesicience requirements. Yage 1 of 1 General Laws of Massachusetts M General Laws of Massachusetts PART I ADMINISTRATION OF THE GOVERNMENT TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH CHAPTER 190.ASSISTED LIVING G.L.c. 19D, § 16. Residence requirements. Section 16. Any assisted living residence shall meet the requirements of all applicable federal and state laws and regulations, including, but not limited to, the state sanitary code, state building and fire safety codes and regulations, and laws and regulations governing handicapped accessibility. In order to facilitate compliance with these laws and regulations, the department, in consultation with the department of housing and community development and the executive office of public safety, shall compile and make available a list of all such applicable laws and regulations. In order to ensure the maximum residential setting possible, any assisted living residence shall provide only single or double living units with lockable doors on the entry door of each unit. All newly constructed assisted living residences shall provide a private bathroom for each laving unit which is equipped with one lavatory, one toilet, and one bath tub or shower stall . All other assisted living residences shall provide at a minimum a private half bathroom for each living unit which is equipped with one lavatory and one toilet, and shall provide at least one bathing facility for every three residents. All assisted living residences shall provide at a minimum either a kitchenette or access to cooking capacity for all living units. The secretary of elder affairs may, when the secretary determines that public necessity and convenience require and to prevent undue economic hardship, waive the requirements relative to bathrooms and the bathing facilities; provided, however, that the secretary finds that the residence will otherwise meet the purposes of assisted living to provide a home-like residential environment, which promotes privacy, dignity, choice, individuality and independence for its residents. Copyright 02006 Loislaw.com,Inc.All Rights Reserved http://www.loislaw.com/pns/docview.htp?query=%28%2819d%29%3CIN%3EGB%29%3... 1/11/2006 o� Town 'of Agawam . 1/, ;,; h, 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 �o February 17, 2006 Donald M. Rheault, President. co Robert A. Magovern,Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr-Bitzas, Councilor Gina M. Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert Rossi, Councilor Jill Simpson, Councilor Robert M. Young Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on February 16, 2006, the Agawam Planning Board voted to send a positive recommendation to the Town Council for the attached proposed Zoning Amendment to Section 180-55B 32 - Assisted Living Facilities as amended. Sincerely, Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD cc: Clerk Solicitor Board of Appeals File i TOR—2006- AN ORDINANCE TO AMEND ARTICLE 1, § 180-2 B DEFINITIONS AND ARTICLE X, INDUSTRIAL A DISTRICTS § ' 80-55 B BY ADDING 32, ASSISTED LIVING FACILITIES, OF THE CODE OF THE TOWN OF AGAWAM . (Initiated by the Agawam Planning Board) February 16, 2006 WHEREAS, Article X, Industrial A Districts § 180-55 B, of the Code of the Town of Agawam authorizes certain industrial uses after a public hearing before the Board of Appeals; and WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Article X, § 180-55 B by adding a new subsection 32; and WHEREAS, the amendment proposes Assisted Living Facilities be allowed after a public hearing before the Board of Appeals in Industrial A Districts; and WHEREAS, the amendment further proposes to add a definition of Independent Living in Article I, § 180-2 of the Code of the Town of Agawam; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND ARTICLE I, § 180-2 B BY ADDING THE DEFINITION OF . THE-WORD IND NDENT LIVING AN ARTICLE X, IND A DISTRICTS § 180-55 B OF THE CODE OF THE TOWN OF AGAWAM BY ADDING SUBSECTION 32, TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article I, Section 180-2 B INDEPENDENT LIVING —A facility that provides residential accommodations for adults 60 years and older. These residences may include common areas, a common dining facility and space for the provision of social, psychological and education programs. Home health care or other community based services may be used on an individual basis. Meals, linen and housekeeping services may be offered._ There may be some maintenance staff, but there is no medical or supervisory staff. 1 Article X, Section 180-55 B (32) Assisted LivingFacili ' ed in M.G.L. 19D.. Assisted Living Facilities so contain units of Independent Living within the same structure. DATED THIS DAY OF 22006. PER ORDER OF THE-AGAWAM CITY COUNCIL Donald M. Rheault, City Council President AP P VED AS O D LEGALITY omas , City Solicitor o�� 9 Town ®f Agawam, • 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 RTf 0 MEMO TO: AGAWAM PLANNING BOARD FROM: DEBORAH S. DACHOS, DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT SUBJECT: ASSISTED LIVING ZONING AMENDMENT, DATE: JANUARY 13, 2006 The Planning Board will be holding a public hearing on Thursday, January 19, 2006, on a proposed amendment to the Agawam Zoning Ordinance which would allow"Assisted Living Facilities"by Special Permit of the Board of Appeals in the Industrial A and B Districts. Based on discussion with other communities and facilities which offer this type of care, I am suggesting'that the proposed amendment be expanded to allow"Independent Living"units also. The retirement industry is now promoting a model which offers varying degrees of assistance on the same site. Heritage Hall is one such development. Seniors who no longer_wish to live in their own home have the option of moving into a facility which offers relatively independent,-physically active seniors a common dining facility, housekeeping, transportation and some social and educational programs. The same facilities may also have units for seniors who need some assistance with daily activities such as meals,dressing and physical hygiene. No medical or nursing services are provided. The amendment, as drafted, does not allow for the"Independent Living" units. "Assisted Living" housing is only one component of this type of "Continuing Care Retirement Facility". I. am proposing the attached revision to the proposed amendment. It requires through the definition of "Independent Living" that these units be occupied by residents 60 years and older. The amendment also requires that"Independent Living"units be found in the same building as the"Assisted Living" units to address any concerns over a proliferation of these type of developments. The wording in hold,could also be included to address some problems which may arise in the future. Amend Article X, § 180-55 B by adding(32) Assisted Living Facilities as defined in M.G.L. 19D. Assisted living facilities may also contain units of Independent Living within the same structure. Allowed Non-Residential Uses: 1. The operator of a senior housing facility may also provide optional accessory use services on the site including but not limited to local transportation, barber/beauty services, sundries for personal consumption, and other amenities, provided: a) such uses serve primarily the residents of the development; b) such uses conducted within and may be entered only from within a principal building; c) there is no external evidence of such uses visible beyond the property; d) the appearance and character of the commercial uses are compatible with a residential development. 2. All senior housing facilities proposed in or adjacent to residential districts shall be constructed so as to be residential in appearance. No structures shall exceed 40 feet or two stories and shall have sloped roofs. No driveways, parking areas, or circulation aisles may be constructed in a side or rear yard setback abutting a residential district. Side and rear yard setbacks shall be landscaped to provide a buffer between adjacent uses. However, walking paths for the residents of a senior housing facility may be located within the side or rear yard setbacks. 3. No living space shall be located below the finished grade of the adjoining ground. 4. The maximum number of residential units or beds on a site shall be determined by the Board of Appeals based on such factors as but not limited to, impact on the neighborhood, affordability for residents, quality of life, and provisions for adequate open space,recreational facilities, parking, landscaping and buffers. Definition of Independent Living A facility that provides residential accommodations for adults 60 years and older. These residences may include common areas, a common dining facility and space for the provision of social, psychological and education programs. Home health,care or other community based services may be used on an individual basis. Meals, linen and housekeeping services may be offered. There may be some maintenance staff, but there is no medical or supervisory staff. REGULAR COUNCIL MEETING AGAWAM MIDDLE SCHOOL 68 Main Street Monday, March 6, 2006 - 7:30 P.M. AGENDA 1. Citizen's Speak time 2. Roll Call 3. Moment of Silence and the Pledge of Allegiance 4. Minutes - Reg. Coun. Meeting of 2/06/06 Minutes—Reg. Coun. Meeting.of 2/21/06 5. Declaration from Council President 6. Presentation of Petitions,Memorials & Remonstrances (a) Resolutions 1. TR-2006-6- A Resolution Confirming the Reappointment of F. William Euliano, 38 High Meadow, Feeding Hills, MA to the Board of Health for a Term Expiring the First Monday in February 2009 (Mayor). 7. Report of Council Committees None. 8. Elections None. 9. Public Hearimzs (a) 1. PH-2006-2-(ZC-2006-2)(TR-2006-9)-Zoning Amendment - New Art. XV , Sec. 180-115 entitled "Residence A5" (Restricted Housing)(Conduct Public Hearing). 10. Old Business (a) \ 1. TOR-2006-1-(PH-2006-1)(ZC-2006-1)-Zoning Amendment to Sec. 180-55B —Assisted Living Facilities (Ref. to Zoning and Ordin. Comm. on St 2/21/06)(Tabled on 2/21/06)(1 Reading). 1 . 2. TO-2006-13-Voucher List ($44.45). 11. New Business (a) 1. TR-2006-7- A Resolution confirming the Reappointment of Deborah R. Sanchez, 36 Hemlock Rd., FH, MA to the Board of Health to a Term Expiring the First Monday in February 2009 (Mayor). 2. TR-2006-8- A Resolution Authorizing the Agawam Community to spend $93,191.00 towards the preservation and restoration-of the Captain Charles Leonard House as provided for under the historical preservation section of the Community Preservation Act. 3. TR-2006-10- A Resolution Authorizing the Agawam Community Preservation Committee to Place Restrictions on Land Acquired by the Town of Agawam. 4. TO-2006-14-Transfer-$6,000.00 from Fire Department— Safety Gear (1 2203-524 1 0) to Fire Department—Repair & Maintenance (12202-52030)(Mayor). 12. Any other business that may legally come before the city - council. Adjournment. 2