The primary purposes of an open space residential development
(OSRD) are:
A.
To allow for greater flexibility and creativity in the design of
residential developments.
B.
To facilitate the permanent protection of open space, agricultural
land, and natural, historic, and scenic resources.
C.
To maintain the Town's traditional character and land use pattern
in which small villages contrast with open land.
D.
To encourage a more economical and efficient form of development
that is less sprawling, consumes less open land, does not tax community
services unduly, respects a site's physical characteristics and minimizes
the total amount of disturbance on the site.
E.
To protect scenic vistas along the Town's roadways and from other
places.
As used in this article, the following terms shall have the
meanings indicated:
The number of units that would be allowed on a tract of land
using the standard Zoning Bylaw provisions and/or Subdivision Rules
and Regulations as determined by a conventional yield plan.
As defined in § 100-104 of this bylaw.
Shall consist of one or more contiguous lots which were at
any time after the date of adoption of this OSRD Bylaw part of contiguous
property under common ownership (or in different ownerships, each
involving one or more of the same principals) proposed to be developed
as a single project, including in phases. Lots separated only by a
private or public way shall be considered contiguous for the purposes
of this OSRD Bylaw. An applicant may not break up a tract into smaller
parcels in order to avoid compliance with this bylaw.
The Planning Board shall act as the special permit granting
authority for OSRD applications. The Planning Board may adopt, and
from time to time amend, rules and regulations consistent with the
provisions of this bylaw and MGL c. 40A and other provisions of the
General Laws, and shall file a copy of said rules and regulations
with the Town Clerk.
A.
Applicants for a major residential development are encouraged to
concurrently submit a preliminary conventional plan and an OSRD plan
in accordance with the applicable provisions of this bylaw, in order
to obtain an OSRD special permit.
B.
Developments of seven lots or smaller may also apply for an OSRD special permit at the option of the landowner and in accordance with the provisions of this bylaw. The tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81P; provided, however, that OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. (See Article VI, § 100-606, of this chapter regarding special permits.)
Applicants shall submit applications for an OSRD special permit
in accordance with the rules and regulations governing open space
residential design as adopted and amended by the Planning Board.
The OSRD plan shall follow the design process outlined below.
Each applicant shall submit to the Planning Board its analysis for
each step to demonstrate that this design process was followed in
determining the layout of proposed streets, house lots, and protected
open space.
A.
Evaluating site context. The first step is to evaluate the site in
its larger context by identifying physical features (e.g., stream
corridors, wetlands, land forms), transportation systems (e.g., road
and bicycle networks), cultural assets (e.g., recreational sites,
historic and archaeological resources), and surrounding land uses
and activities.
B.
Understanding the site. The second step is to inventory and map existing
site features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other. These resources include
wetlands, riverfront areas, floodplains, steep slopes, mature woodlands,
hedgerows, unique or special wildlife habitats, historic or cultural
features (such as old buildings or stone walls), unusual geologic
formations and scenic views into and out of the property.
C.
Designating open space to be preserved. The third step is to identify
the open space to be preserved on the site. Such open space should
include the most sensitive and noteworthy resources of the site, and,
where appropriate, areas that serve to extend neighborhood open space
networks.
D.
Location of development areas. The fourth step is to locate building
sites, streets, parking areas, paths and other built features of the
development. The design should include a delineation of private yards,
public streets and other areas, and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the Town's
historical development patterns.
E.
Lot lines. The final step is to draw in the lot lines to enable a
comparison of the conventional and OSRD plans. Assumed lot lines may
be drawn for an OSRD that is proposed as a condominium, cooperative,
or other form of common ownership.
Applicants are encouraged to modify the lot size, shape and
other dimensional requirements for lots in an OSRD development. The
following limitations apply:
A.
The total number of lots or dwelling units in an OSRD shall not exceed
the number of lots in a conventional subdivision plan as determined
by the Planning Board.
B.
Lots having reduced area or frontage shall not have frontage on a
way other than one created within an OSRD. The minimum frontage may
be reduced from the frontage otherwise required in the zoning district;
provided, however, that no lot shall contain less than 50% of the
allowed zoned frontage of each zoning area.
C.
Lots may be reduced in area to facilitate the purposes of this bylaw.
The minimum lot size shall be 10,000 square feet in the Village Center
District and Commercial Business District, 15,000 square feet in the
Village Residential District, and 20,000 square feet in the Outlying
Residential District.
[Amended 11-17-2014 STM
by Art. 15]
D.
Structures shall be at least 20 feet apart in all districts.
E.
Dwellings may consist of any combination of single-family, two-family and attached residential dwellings (townhouses). Attached dwellings shall not contain more than five dwelling units. The number of dwelling units permitted shall not exceed that unless otherwise determined by the Planning Board according to the procedures of Subsection A above.
F.
The landscape shall be preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal. Any grade changes
shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover, surface water buffers, and natural drainageways shall
be treated as fixed determinants of road and lot configuration rather
than as malleable elements that can be changed to follow a preferred
development scheme.
G.
Streets shall be designed and located in such a manner as to maintain
and preserve natural topography, significant landmarks, and trees;
to minimize cut and fill; and to preserve and enhance views and vistas
on or off the subject parcel.
H.
Open space shall be designed to add to the visual amenities of the
area by maximizing its visibility for persons passing the site or
overlooking it from nearby properties.
I.
The removal or disruption of historic, traditional or significant
uses, structures, or architectural elements shall be minimized insofar
as practicable, whether these exist on the site or on adjacent properties.
A.
General requirements.
(1)
A minimum of 35% of the land area in an OSRD shall be permanently
protected open space and shall be suitable for recreation, agriculture,
or open space uses. The Planning Board may require that at least 50%
of the open space be free from wetlands as defined in the Wetlands
Protection Act.[1]
[1]
Editor's Note: See MGL c. 131, § 40.
(2)
Open space shall be planned as large, contiguous areas whenever
possible. Long thin strips or narrow areas of open space (less than
100 feet wide) shall occur only when necessary for access, as vegetated
buffers along wetlands or the perimeter of the site, or as connections
between open space areas.
(3)
Open space shall be arranged to protect valuable natural and
cultural environments such as stream valleys, wetland buffers, unfragmented
forestland and significant trees, wildlife habitat, open fields, scenic
views, trails, and archeological sites, and to avoid development in
hazardous areas such as floodplains and steep slopes. The development
plan shall take advantage of the natural topography of the parcel,
and cuts and fills shall be minimized.
(4)
Open space may be in more than one parcel, provided that the
size, shape and location of such parcels are suitable for the designated
uses. Where feasible, these parcels shall be linked by trails.
(5)
Where the proposed development abuts or includes a body of water
or a wetland, these areas and the one-hundred-foot buffer to such
areas shall be incorporated into the open space. Where appropriate,
reasonable access shall be provided to shorelines.
(6)
The maximum number of dwelling units compatible with good design
shall abut the open space, and all homeowners within the OSRD shall
have reasonable physical and visual access to the open space through
internal roads, sidewalks or paths. Such access may be limited where
the Planning Board finds that resource areas are vulnerable to trampling
or other disturbance.
(7)
Open space shall be provided with adequate access, by a strip
of land at least 20 feet wide, suitable for a footpath, from one or
more streets in the development.
(8)
The visual impact of new development shall be minimized from
scenic and historic roads by open space parcels or buffers separating
the OSRD from the road. Creation of new driveway openings on existing
roadways shall be minimized.
(9)
Where a proposed development abuts land held for conservation
purposes, the development shall be configured to minimize adverse
impacts to abutting conservation land. Trail connections shall be
provided where appropriate.
(10)
All buildings, roads and driveways shall be located away from
soils that are most suitable for agriculture (prime farmland soils
and soils of state and local importance) to the maximum practical
extent.
B.
Allowable uses of protected open space.
(1)
Purposes. Open space shall be used solely for recreation, conservation,
agriculture, forestry or educational purposes by residents and/or
the public. Where appropriate, multiple use of open space is encouraged.
The Planning Board shall have the authority to approve or disapprove
particular uses proposed for the open space.
(2)
Recreation. Where appropriate to the topography and natural
features of the site, the Planning Board may require that at least
10% of the open space or two acres (whichever is less) shall be of
a shape, slope, location and condition to provide an informal field
for group recreation or community gardens for the residents of the
subdivision.
(3)
Leaching facilities. Subject to the approval of the Board of
Health, or as otherwise required by law, the Planning Board may permit
a portion of the open space to be used for components of sewage disposal
systems serving the subdivision, where the Planning Board finds that
such use will not be detrimental to the character, quality, or use
of the open space, wetlands or water bodies, and enhances the site
plan. The Planning Board shall require adequate legal safeguards and
covenants, to be included in the deeds to the lots in the development,
that such facilities shall be adequately maintained by the lot owners
within the development.
(4)
Accessory structures. Up to 5% of the open space may be set
aside and designated to allow for the construction of structures and
facilities accessory to the proposed use of the open space, including
parking.
(5)
Agriculture and forestry management plan. For agriculture, horticulture,
floriculture, viticulture, or forestry uses, if the land is not conveyed
to the Town, the owner shall submit a management plan for the long-term
use and stewardship of the land, including, as appropriate, sustainable
forestry or agricultural processes. The Planning Board shall review
and approve the plan in making its decision.
C.
Ownership of open space. If a special permit is granted, the Planning
Board shall designate the form of ownership as listed below:
(1)
To the Town, which shall accept it for park or open space use.
(2)
Convey the area to a nonprofit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified in Subsection E. Such organization shall be approved by the Planning Board as a nonprofit conservation organization.
(3)
Convey the area to a corporation or trust owned or to be owned
by the owners of lots or residential units within the development
(i.e., "homeowners' association") and placed under a conservation
restriction. If such a corporation or trust is utilized, ownership
thereof shall pass with conveyance of the lots or residential units.
The developer is responsible for the maintenance of the open space
and other facilities to be held in common until such time as the homeowners'
association is capable of assuming such responsibility. Thereafter,
the members of the association shall share the cost of maintaining
the open space. The Planning Board shall require the applicant to
provide documentation that the homeowners' association is an automatic
(mandatory) association that has been established prior to the conveyance
of any lots within the subdivision.
D.
Conveyance. If a special permit is granted, the Planning Board shall
impose as a condition that the common land shall be conveyed, free
of any mortgage interest or security interest and subject to a permanent
restriction of the type described below, at the time of recording
of the definitive subdivision plan. The petitioner shall provide satisfactory
assurance of said conveyance and recording, in the form of copies
of the recorded instruments bearing the recording stamp, and of such
freedom from encumbrances.
E.
Permanent restriction. In any case where open space is not conveyed
to the Town, a permanent conservation or agricultural preservation
restriction in accordance with MGL c. 184, §§ 31 through
33, approved by the Planning Board and Board of Selectmen and enforceable
by the Town, conforming to the standards of the Massachusetts Executive
Office of Environmental Affairs, Division of Conservation Services,
shall be recorded to ensure that such land shall be kept in an open
or natural state and not be built for residential use or developed
for accessory uses such as parking or roadways except as permitted
by this bylaw and approved by the Planning Board. Restrictions shall
provide for periodic inspection of the open space by the Town. Such
restriction shall be submitted to the Planning Board prior to approval
of the project and recorded at the Registry of Deeds/Land Court simultaneously
with recording of the definitive subdivision plan.
F.
Maintenance of open space. In any case where open space is not conveyed
to the Town, the Town shall be granted an easement over such land
sufficient to ensure its perpetual maintenance as conservation or
recreation land and to allow the Town to enter the property for the
purposes of inspecting the maintenance of the property. Such easement
shall provide that in the event the trust or other owner fails to
maintain the open space in reasonable condition, the Town may, after
notice to the lot owners and public hearing, enter upon such land
to maintain it in order to prevent or abate a nuisance. The cost of
such maintenance by the Town shall be assessed against the properties
within the development and/or to the owner of the open space. The
Town may file a lien against the lot or lots to ensure payment of
such maintenance expenses.
A.
Criteria for approval. The Planning Board will review all data and
hold a public hearing in accordance with MGL c. 40A, § 9.
The Board may grant a special permit for an OSRD if it determines
that the proposed OSRD has less detrimental impact on the tract than
a conventional subdivision of the property and finding that the following
eight factors are present:
(1)
That the OSRD achieves greater flexibility and creativity in
the design of residential or unit developments than a conventional
plan.
(2)
That the OSRD promotes permanent preservation of open space,
agricultural land, forestry land, other natural resources, including
water bodies and wetlands, and historical and archaeological resources.
(3)
That the OSRD promotes a less sprawling and more efficient form
of development that consumes less open land and conforms to existing
topography and natural features better than a conventional subdivision.
(4)
That the OSRD reduces the total amount of disturbance on the
site.
(5)
That the OSRD furthers the goals and policies of existing community
planning.
(6)
That the OSRD facilitates the construction and maintenance of
streets, utilities, and public services in a more economical and efficient
manner.
(7)
That the OSRD plan and its supporting narrative documentation
complies with all sections of this Zoning Bylaw.
(8)
That the proposed design does not create undue risk to public
health, safety and welfare.
[Amended 5-8-2023 ATM by Art. 20]
B.
Relationship between OSRD plan and definitive subdivision plan. Any
special permit for OSRD that is granted and shows a subdivision must
be followed by the submittal of a definitive subdivision plan in accordance
with the Subdivision Rules and Regulations of the Town, unless joint
applications for a special permit under this bylaw and definitive
subdivision approval have been submitted and a joint decision issued
by the Board. The OSRD special permit shall be reconsidered if there
is substantial variation between the definitive subdivision plan and
the OSRD plan. If the Planning Board finds that a substantial variation
exists, it shall hold a public hearing on the modifications to the
OSRD plan. A substantial variation shall be any of the following:
(1)
An increase in the number of building lots and/or units;
(2)
A significant decrease in the open space acreage;
(3)
A significant change in the lot layout or unit placement;
(4)
A significant change in the general development pattern which
adversely affects natural landscape features and open space preservation;
(5)
Significant changes to the stormwater management facilities;
and/or
(6)
Significant changes in the wastewater management systems.
If any provision of this bylaw is held invalid by a court of
competent jurisdiction, the remainder of the bylaw shall not be affected
thereby. The invalidity of any section or sections or parts of any
section or sections of this bylaw shall not affect the validity of
the remainder of the Town's Zoning Bylaw.
