[Added 10-22-1996 ATM, Art. 24]
The Planning Board may, upon the grant of a special permit in
accordance with the provisions in this article, modify dimensional
requirements otherwise required in this chapter for lots within a
flexible development.
The purpose of this Article XIV, Flexible Development, is to encourage the presentation of open land for its scenic beauty and to enhance agricultural, open space, forestry and recreational use; to preserve historical and archaeological resources; to protect the natural environment; to protect the value of real property; to promote more sensitive siting of buildings and better overall site planning; to perpetuate the appearance of Northbridge's traditional New England landscape; to allow landowners a reasonable return on their investment; to facilitate the construction and maintenance of streets, utilities and public services in a more economical and efficient manner; and to promote the development of housing affordable to low- and moderate-income families.
Any creation of five or more lots, whether a subdivision or not, from a parcel or set of continuous parcels held in common ownership and located entirely within the R-1 or R-2 Districts, may proceed under this Article XIV, Flexible Development, pursuant to issuance of a special permit by the Planning Board, as indicated in § 173-12, Table of Use Regulations. Such special permits shall be acted upon in accordance with the following provisions.
Applicants for flexible development shall file with the Planning
Board six copies of the following:
A.
A development plan conforming to the requirements for a preliminary
subdivision plan under the Subdivision Regulations of the Planning
Board.[1] Such plan shall indicate proposed topography, wetlands
and, unless the development is to be sewered, the results of deep
soil test pits and percolation tests at the rate of one per acre,
but in no case fewer than four per flexible development. Where wetland
delineation is in doubt or dispute, the Planning Board shall require
the applicant to submit to the Conservation Commission a request for
determination of applicability pursuant to MGL C. 131, § 40,
and 310 CMR 10.05(3). The Planning Board shall refer data on proposed
wastewater disposal to the Board of Health for its review and recommendation.
B.
Any additional information required by the Planning Board to make
the determination and assessments cited herein.
Based on the information submitted pursuant to § 173-83 above, the Planning Board shall determine the maximum number of dwelling units allowed on the premises. The maximum number of units shall be limited to the number of single-family dwelling units that could be constructed in an orthodox subdivision on the site in full conformance with all zoning, subdivision and other applicable state and local regulations and without the proposal of extraordinary engineering measures. Where the maximum number of units is in doubt or dispute, the determination of the Planning Board (and its consulting engineer) shall be conclusive for all purposes.
The Planning Board may authorize modification of lot size, shape
and other bulk requirements for lots within a flexible development,
subject to the following limitations:
A.
Lots having reduced area or frontage shall not have frontage on a
street other than a street created by a subdivision involved.
B.
Each lot shall contain not less than 1/2 of the area required in
the district in which the lot is located and have frontage of not
less than 50 feet.
C.
Each lot shall have at least 50% of the required yards and 25% of
the lot width in the district in which it is located.
A minimum of 30% of the parcel shown on the development plan
shall be contiguous open space, excluding required yards and buffer
areas. Such open space may be separated by the road(s) constructed
within the flexible development. Not more than 25% of such open space
shall be wetlands, as defined pursuant to MGL C. 131, § 40.
A.
The required open space shall be used for conservation, historic
preservation and education, outdoor education, recreation, park purposes,
agriculture, horticulture, forestry or for a combination of these
uses and shall be served by suitable access for such purposes.
B.
The required open space shall remain unbuilt upon, provided that
10% of such open space may be paved or built upon for structures accessory
to the dedicated use or uses of such open space, pedestrian walks
and bikepaths.
C.
Underground utilities to serve the flexible development site may
be located within the required open space.
D.
The required open space shall, at the owner's election, be conveyed
to:
(1)
The Town of Northbridge or its Conservation Commission;
(2)
A nonprofit organization, the principal purpose of which is the conservation
of open space and any of the purposes for such open space set forth
above;
(3)
A corporation or trust owned jointly or in common by the owners of
lots within the flexible development. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
is perpetuity. Maintenance of the open space and facilities shall
be permanently guaranteed by such corporation or trust which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the Town of Northbridge to perform maintenance of the open
space and facilities, if the trust or corporation fails to provide
adequate maintenance and shall grant the Town an easement for this
purpose. In such event, the Town shall first provide 14 days' written
notice to the trust or corporation as to the inadequate maintenance
and, if the trust or corporation fails to complete such maintenance,
the Town may perform it. The owner of each lot shall be deemed to
have assented to the Town filing a lien against each lot in the development
for the full cost of such maintenance, which liens shall be released
upon payment to the Town of same. Each individual deed and the deed
or trust or articles of incorporation shall include provisions designed
to effect these provisions. Documents creating such trust or corporation
shall be submitted to the Planning Board for approval, and shall thereafter
be recorded in the Registry of Deeds.
E.
Any proposed open space, unless conveyed to the Town or its Conservation
Commission shall be subject to a recorded restriction enforceable
by the Town providing that such land shall be perpetually kept in
an open state, that it shall be preserved for exclusively agricultural,
horticultural, educational or recreational purposes and that it shall
be maintained in a manner which will ensure its suitability for its
intended purposes.
All dwellings and structures shall be located a minimum of 50
feet from adjacent properties. Buffer areas shall be retained in their
natural vegetative state to the maximum extent feasible, except where
adjacent to agriculturally used property.
