[Added 6-18-1990 STM
by Art. 1]
A.
The Open Space Development District is intended to apply to tracts
of land of 50 acres or more located in the Residence C District and
owned by one or more property owners where flexible development controls
will allow residential uses and accessory uses incident thereto, which
will preserve common open spaces, natural resources, or agricultural
lands to the extent of at least 40% of the tract in accordance with
the overall goals of the Marion Land Use Plan and the Marion Open
Space Plan. Residential uses other than single-family homes on individual
lots will be allowed within an Open Space Development District subject
to assurances that such development will enhance the amenities in
the neighborhood in which it occurs.
B.
There shall be no minimum lot area, frontage or yard requirements
within an Open Space Development District. However, no building shall
be erected within 40 feet of an existing public way or boundary line
or an Open Space Development District.
C.
The Open Space Development District is intended to offer incentives
to property owners through the offering of options to develop under
standards which are unique to the site and not limited by the standards
which generally apply to development within the Residence C District.
D.
The Open Space Development District allows for the construction of
single-family (detached and attached) and multiunit structures of
all types. The flexibility permitted with respect to types of ownership
and housing types in an Open Space Development District should allow
for a range of housing costs. The total number of residential units
allowable on the site proposal for an open space development shall
not exceed the number that would be allowed in the Residence C District.
The Open Space Development District, however, also provides for an
increase in density up to a maximum of 15% if a certain number of
affordable housing units are provided in the district.
A.
Unless and until any portion of the Residence C District is placed
in an Open Space Development District, the permitted uses shall be
those in effect from time to time in the Residence C District.
B.
Upon the submission of a preliminary open space development plan pursuant to § 230-12.3 and compliance with other requirements of this Article XII, any portion of the Residence C District of 50 acres or more may be placed, by a two-thirds vote of the Marion Town Meeting, in an Open Space Development District. Open Space Development Districts shall be numbered sequentially at the time of the Town Meeting vote.
C.
The Open Space Development District shall be considered an overlay
district. If site plan approval is obtained for land within an Open
Space Development District, the provisions of the overlay district
shall apply thereafter.
D.
All of the definitions set forth in Article XI, and the provisions of any other overlay district in which such land may be located, shall apply within any Open Space Development District, and the requirements of other provisions of the Zoning Bylaw not limited in application to particular underlying zoning districts shall apply except to the extent expressly and conspicuously otherwise stated in the written portion of the preliminary open space development plan.
A.
Rezoning land to the Open Space Development District shall be initiated
by the preparation of a preliminary open space development plan application
submitted, along with a filing fee, to the Select Board and signed
by all of the owners of the affected land or their authorized representatives.
[Amended 10-19-2021 STM by Art. 6]
B.
Prior to filing the preliminary open space development plan application, the applicant shall attend a pre-submission conference with the Planning Board to review the information and specifications the applicant must submit and the amount of the filing fee. With respect to the fee, the Planning Board may be guided in part by the provisions of § 230-9.15, Application fee. The fee shall be sufficient to recompense the Town and the Planning Board for any or all of the out-of-pocket costs of reviewing and analyzing the application.
C.
Within five days of receipt of such application and petition for
a revision in the Zoning Bylaw, the Select Board shall forward copies
of the preliminary open space development plan application to the
Planning Board for review and the conduct of the public hearing. Additional
copies of the preliminary open space development plan application
also shall be forwarded within five days to the Conservation Commission,
Board of Health, Public Works Administration, Police and Fire Departments,
and such other boards and commissions as the Select Board may designate,
for review and comment to the Planning Board.
[Amended 10-19-2021 STM by Art. 6]
D.
The preliminary open space development plan application shall include the information which the Planning Board requires for the submission of a site plan under Article IX of this bylaw, and, as appropriate, information covered by § 230-10.13, Ownership of contiguous open space. The Planning Board, in the interest of encouraging this type of development, may, following a pre-submission conference, relax some of the submission requirements to the extent that they will not adversely influence the ability of the Town Meeting to make a reasoned decision in voting on the creation of an Open Space Development District. Since the Planning Board will review a final open space development plan under Article IX requirements as well as additional standards and criteria as listed in § 230-12.7, extensive detail may not be necessary or appropriate for a project which must be presented at Town Meeting.
E.
The preliminary open space development plan application shall provide
information to allow a determination of the number of lots that could
be developed on the land by utilizing a conventional subdivision plan
in accordance with the Rules and Regulations Governing the Subdivision
of Land in Marion.[1] Wetlands, as defined under the Wetlands Protection Act,
water bodies, and any land otherwise prohibited from development by
local bylaw or regulation shall not be included in the overall area
in calculating density. The burden of proof shall be on the applicant
in determining the allowable number of dwelling units.
F.
The preliminary open space development plan application may provide that the number of dwelling units obtained through the computations described in the preceding subsection may be increased by 15% if between 15% and 30% of the dwelling units within the open space development plan are affordable (as defined in Article XI), "independence housing," or "starter housing.
(1)
"Independence housing" is defined as small-floor-area single-family
detached or attached owner-occupied housing designed to serve families
and individuals where the head of household is 55 years of age or
older. Deed restrictions shall apply to maintain affordability and
limit resale to those 55 and older as allowed by law.
(2)
"Starter housing" is defined as single-family detached or attached,
owner-occupied housing. "Starter housing" shall be available for purchase
to first-time homebuyer households earning at least 80% but less than
110% of the median income for the Metropolitan Area as determined
by the most recent calculation of the U.S. Department of Housing and
Urban Development. Long-term availability at affordable costs will
be provided in the form of deed restrictions and other conditions
as allowed by law.
G.
The preliminary open space development plan application shall include
a statement identifying all respects in which the proposed development
will not comply with any provision of the bylaw, not limited in application
to the Residence C District.
H.
The applicant shall recognize that the preliminary open space development
plan as submitted with the application will be in the form of a plan
which will be the basis for binding action by the Town Meeting. The
applicant may provide specifications beyond those required by the
Planning Board. Such additional specifications shall be binding to
the same extent as those required by the Planning Board.
A.
Pursuant
to the provisions of MGL c. 40A, § 5, the Planning Board
shall give notice and hold a public hearing within 65 days after the
submission of the preliminary open space development plan application
to the Planning Board by the Select Board.
[Amended 10-19-2021 STM by Art. 6]
B.
In addition
to the notices required by law, a description of the preliminary open
space development plan and notice of such hearing, including reproductions
of architectural renderings and of the site plan, all in a form approved
by the Planning Board, shall be mailed to each registered voter of
the Town at least 14 days prior to such hearing. The applicant shall
pay the cost of reproduction and mailing of such notice. Failure of
notice by mail shall not be a bar to action on the plan unless actual
prejudice is shown.
The Planning Board may recommend changes in the preliminary
open space development plan at the Town Meeting if it finds that there
is good cause for the change and that the change is not inconsistent
with the information presented at the Planning Board hearing.
A.
The preliminary open space development plan application shall be presented to the Town Meeting which considers the creation of an Open Space Development District for the area covered by the application, and shall be identified in any motion to create such a district. In the event that the procedures followed with respect to a preliminary open space development plan application do not conform in all of the requirements of this Article XII, such nonconformity may be waived upon the favorable recommendation of the Planning Board, by a two-thirds vote of the Town Meeting.
B.
The preliminary open space development plan application, as submitted
to the Town Meeting, may be amended on the floor of the Town Meeting
to add restrictions, limitations or requirements.
A.
Final open space development plan. After the approval by the Town
Meeting for the designation of an Open Space Development District
and approval of a preliminary open space development plan application,
the Planning Board may grant site plan approval for a final open space
development plan for the development of the land within the Open Space
Development District. At its option, the Planning Board may coordinate
its site plan approval of a final open space development plan with
any required subdivision review for land located within an Open Space
Development District.
B.
The procedures outlined in Article IX, Site Plan Review and Approval, shall be followed in the issuance of site plan approval. In addition to the findings that the Planning Board may require under site plan review and approval, the Planning Board shall approve a final open space development plan if it finds the plan:
(1)
Is substantially consistent in all respects with the approved
preliminary open space development plan.
(2)
Provides for no greater number of dwelling units than is provided
in the approved preliminary open space development plan.
(3)
Provides for no uses which are not permitted by the approved
preliminary open space development plan.
(4)
Provides a suitable development which is in harmony with the
objectives of the Zoning Bylaw and Land Use Plan and will not be detrimental
to the surrounding neighborhoods.
(5)
Provides that land shown in the approved preliminary open space development plan as permanent open land shall be conveyed in the manner provided for ownership of open land under § 230-10.13, Ownership of contiguous open space.
(6)
Satisfies the following additional design standards and criteria:
(a)
The existing land form shall be preserved in its natural state,
insofar as practicable, by minimizing tree and soil removal and man-made
features such as stone walls.
(b)
The natural character and appearance of the Town shall be maintained
and enhanced by screening views of the development from nearby streets
and adjoining neighborhoods. Existing land forms and vegetation should
be used where possible.
(c)
Open space shall be located and designed so as to increase the
visual amenities of the neighborhood as well as for the occupants
of the open space development area. Where appropriate, links to open
spaces, as proposed in the Land Use Plan and Open Space Plan, shall
be provided.
(d)
Buildings shall be located so as to be harmonious with the land
form.
(e)
Access points from driveways or new streets to the Town's existing
street system shall be minimized.
(f)
Utility systems should be located underground or as inconspicuously
as possible.
