[HISTORY: Adopted by the Planning Board of the Town of Newbury 2-6-2013. Amendments
noted where applicable.]
The purpose of these Rules and Regulations is to establish uniform regulations and procedures for conducting the business of the Planning Board acting as the Special Permit Granting Authority for Open Space Residential Development (OSRD) as established under Section 97-5.C.(3) of Chapter 97, Zoning, of the Code of the Town of Newbury.
These Rules and Regulations are adopted by the Planning Board
as authorized by M.G.L. Chapter 40A, Section 9, and by the Zoning
By-Law,[1] Town of Newbury.
Strict compliance with any provision of these Rules and Regulations
may be waived only if the Planning Board finds that the application
contains all necessary information required by these Rules and Regulations,
meets all applicable requirements of the By-Law and in the Board's
opinion the granting of such waiver is in the public interest. Any
request from an applicant for a waiver from these Rules and Regulations
must be submitted in writing to the Planning Board and must clearly
identify the provision or provisions for which a waiver is being sought,
and if applicable, must describe the alternative location of information
or method of compliance. In addition, such request shall be accompanied
by a statement setting forth the reason or reasons why, in the applicant's
opinion, the granting of such a waiver or waivers would be in the
public interest and consistent with the intent and purpose of the
By-Law.
A.
Conference. The applicant is very strongly encouraged to request
a pre-application review at a regular business meeting of the Planning
Board. If one is requested, the Planning Board shall invite the Conservation
Commission, Board of Health, the Open Space Committee and Historical
Commission. The purpose of a pre-application review is to minimize
the applicant's costs of engineering and other technical experts,
and to commence negotiations with the Planning Board at the earliest
possible stage in the development. At the pre-application review,
the applicant may outline the proposed OSRD, seek preliminary feedback
from the Planning Board and/or its technical experts, and set a timetable
for submittal of a formal application. At the request of the applicant
and at the expense of the applicant, the Planning Board may engage
technical experts to review the informal plans of the applicant and
to facilitate submittal of a formal application for an OSRD special
permit.
B.
Submittals. In order to facilitate review of the OSRD at the pre-application
stage, applicants are strongly encouraged to submit the following
information:
(1)
Site Context Map. This map illustrates the parcel in connection to
its surrounding neighborhood. Based upon existing data sources and
field inspections, it should show various kinds of major natural resource
areas or features that cross parcel lines or that are located on adjoining
lands. This map enables the Planning Board to understand the site
in relation to what is occurring on adjacent properties.
(2)
Existing Conditions/Site Analysis Map. This map familiarizes officials
with existing conditions on the property. Based upon existing data
sources and field inspections, this base map locates and describes
noteworthy resources that should be left protected through sensitive
subdivision layouts. These resources include wetlands, riverfront
areas, floodplains and steep slopes, but may also include mature undegraded
woodlands, hedgerows, farmland, unique or special wildlife habitats,
historic, archaeological, or cultural features (such as old structures
or stone walls), unusual geologic formations and scenic views into
and out from the property. Where appropriate, photographs of these
resources should accompany the map. By overlaying this plan onto a
development plan the parties involved can clearly see where conservation
priorities and desired development overlap/conflict;
(3)
Other Information. In addition, applicants are invited to submit
the information set forth in 97-5C.(8).a in a form acceptable to the
Planning Board.
C.
Site Visit. Applicants are encouraged to request a site visit by
the Planning Board and/or its agents in order to facilitate pre-application
review of the OSRD. If one is requested, the Planning Board shall
invite the Conservation Commission, Board of Health, the Open Space
Committee, and the Historical Commission.
D.
Design Criteria. The design process and criteria set forth in § 97-5.C.(8)
should be discussed by the parties at the pre-application conference
and site visit.
A.
An application for a special permit for an OSRD shall be submitted
on the form(s) provided by the Planning Board in accordance with the
rules and regulations of the Board. Applicants for OSRD shall also
file with the Planning Board eight copies of the Concept Plan. The
Concept Plan shall include a Sketch Plan and a Yield Plan (see below,
Subsection (1) and (2) of this section). The applicant shall submit
both the Site Context Map and Existing Conditions/Site Analysis Map
prepared according to § 112-2.B. above. Additional information
reasonably necessary to make the determinations and assessments cited
herein shall be provided, including existing site contour maps and
existing current soil maps.
(1)
Yield Plan. The Basic Maximum Number of allowable units shall be
derived from a Yield Plan. The Yield Plan shall show a conventional
development conforming to the applicable Zoning By-Law provisions
and Subdivision Rules and Regulations to show the maximum number of
lots (or dwelling units) that could be placed upon the site under
a conventional development approach. The proponent shall have the
burden of proof with regard to the Basic Maximum Number of lots resulting
from the design and engineering specifications shown on the Yield
Plan.
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The Yield Plan shall contain, at a minimum, the following information:
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a)
Parcel boundaries, north point, date, legend, title "Yield Plan,"
and scale.
b)
The name and address of the record owner or owners, the applicant,
and the design engineer and/or land surveyor that prepared the plan.
c)
The names, approximate location, and widths of adjacent streets.
d)
Existing topography at 2-foot contour intervals.
e)
Map of soils using NRCS soils mapping.
f)
All on-site local, state, and federal regulatory resource boundaries
and buffer zones shall be clearly identified, and all wetland flag
locations shall be numbered and placed upon the Yield Plan.
g)
Lot lines with approximate areas and frontage dimensions, or unit
placements and proposed common areas.
h)
Location and extent of parking, landscaping, stormwater management,
water supply and wastewater management service areas that would be
required to accommodate the use.
i)
If available, the location and results of any test pit investigations
for soil profiles, percolation rates and determination of seasonal
high ground water levels.
(2)
Sketch Plan. The Sketch Plan shall be prepared by a certified Landscape
Architect, or by a multi-disciplinary team of which one member must
be a certified Landscape Architect, and shall address the general
features of the land, and give approximate configurations of the lots,
of unit placements if treated as a condominium, of open space, and
roadways. The Sketch Plan shall incorporate the Four-Step Design Process,
according to § 97-5C.(8) and the Design Standards, according
to § 97-5C.(9), when determining a proposed design for the
development. The Sketch Plan shall include the following:
a)
The subdivision name, boundaries, north point, date, legend, title
"Concept Plan," and scale;
b)
The name and address of the record owner or owners, the applicant,
and the Landscape Architect or other designer that prepared the plan;
c)
The names, approximate location, and widths of adjacent streets;
d)
The proposed topography of the land shown at a contour interval no
greater than two feet. Elevations shall be referred to mean sea level;
e)
The location of existing landscape features, including forests, farm
fields, meadows, wetlands, riverfront areas, waterbodies, archaeological
and historic structures or points of interest, rock outcrops, boulder
fields, stone walls, cliffs, high points, major land views, forest
glades, major tree groupings, noteworthy tree specimens, and habitats
of endangered or threatened wildlife, as identified as primary and
secondary resources according to § 97-5.C.(8)(a). Proposals
for all site features to be preserved, demolished, or moved shall
be noted on the Sketch Plan;
f)
All on-site local, state, and federal regulatory resource boundaries
and buffer zones shall be clearly identified, and all wetland flag
locations shall be numbered and placed upon the Sketch Plan;
g)
Lines showing proposed private residential lots, as located during
Step Four, § 97-5.C.(8)(d), with approximate areas and frontage
dimensions, or unit placements and proposed common areas;
h)
All existing and proposed features and amenities, including trails,
recreation areas, pedestrian and bicycle paths, community buildings,
and off-street parking areas shall be shown on the plan and described
in a brief narrative explanation, where appropriate;
i)
The existing and proposed lines of streets, ways, common driveways,
easements and any parcel of land intended to be dedicated for public
use or to be reserved by deed covenant for use of all property owners
in the subdivision, or unit development, or parcels of land or lots
to be used for any purpose other than private residential shall be
so designated within the subdivision in a general manner;
j)
Proposed roadway grades;
k)
Official soil percolation tests for the purpose of sitting wastewater
treatment options shall be required as determined by the Planning
Board. However, a narrative explanation shall be prepared by a certified
Professional Engineer detailing the proposed wastewater systems that
will be utilized by the development and its likely impacts on-site
and to any abutting parcels of land. For example, the narrative will
specify whether individual on-site or off-site systems, shared systems,
alternative to Title V systems, or any combination of these or other
methods will be utilized;
l)
A narrative explanation prepared by a certified Professional Engineer
proposing systems for stormwater drainage and its likely impacts on-site
and to any abutting parcels of land. For example, the narrative will
specify whether soft or hard engineering methods will be used and
the number of any detention/retention basins or infiltrating catch
basins; it is not intended to include specific pipe sizes. Any information
needed to justify this proposal should be included in the narrative.
The approximate location of any stormwater management detention/retention
basins shall be shown on the plan and accompanied by a conceptual
landscaping plan;
m)
A narrative explanation prepared by a certified Professional Engineer,
detailing the proposed drinking water supply system;
n)
A narrative explanation of the proposed quality, quantity, use and
ownership of the open space. Open space parcels shall be clearly shown
on the plan;
o)
All proposed landscaped and buffer areas shall be noted on the plan
and generally explained in a narrative;
p)
A list of all legal documents necessary for implementation of the
proposed development, including any Conservation Restrictions, land
transfers, and Master Deeds or condominium documents, with an accompanying
narrative explaining their general purpose;
q)
A narrative indicating all requested waivers, reductions, and/or
modifications as permitted within the requirements of this By-Law.
(3)
Relationship between Concept Plan and Open Space Definitive Subdivision
Plan. The issuance of a Concept Plan special permit allows the applicant
to submit an Open Space Definitive Subdivision Plan to the Planning
Board for approval under the Subdivision Control Law. Any Concept
Plan special permit issued by the Planning Board shall specifically
state that the Open Space Definitive Subdivision Plan shall substantially
comply with the Concept Plan.
B.
Filing and Review requirements.
(1)
Whenever an application for an OSRD special permit is filed with
the Planning Board, the applicant shall also file, within five (5)
working days of the filing of the completed application, copies of
the application, accompanying development plan, and other documentation,
to the Board of Health, Conservation Commission, Historical Commission,
Building Inspector, Highway Department, Police Chief, Fire Chief,
and Town Engineer for their consideration, review, and report. The
applicant shall furnish the copies necessary to fulfill this requirement.
(2)
Reports from other boards and officials shall be submitted to the
Planning Board within thirty-five (35) days of receipt of the reviewing
party of all of the required materials; failure of these reviewing
parties to make recommendations after having received copies of all
such required materials shall be deemed a lack of opposition thereto.
In the event that the public hearing by the Planning Board is held
prior to the expiration of the thirty-five-day period, the Planning
Board shall continue the public hearing to permit the formal submission
of reports and recommendations within that thirty-five-day period.
The Decision/Findings of the Planning Board shall contain, in writing,
an explanation for any departures from the recommendations of any
reviewing party.
Whether or not conducted during the pre-application stage, the
Planning Board shall conduct a site visit during the time period of
the public hearing. At the site visit, the Planning Board and/or its
agents shall be accompanied by the applicant and/or its agents.
If any provision of these Rules and Regulations be held invalid
by a court of competent jurisdiction, the remainder of these provisions
shall not be affected thereby.
