Town of Salisbury, MA Flexible Residential Development (FRD)

The proponent of any proposed residential subdivision plan in the Town of Salisbury that is on a parcel of five acres or more shall submit a special permit application to the Planning Board for an FRD in accordance with the provisions of this bylaw, which shall include an FRD special permit plan as described below.

For residential subdivisions on less than five acres and/or all plans for division of land not requiring approval under the Subdivision Control Law, MGL c. 41, § 81P, that are restricted to residential use, an applicant may submit a special permit application for an FRD in preference to filing a conventional plan.

Zoning classification. Only residential projects on tracts located in the R1, R2, C, C2 and C4 Districts are eligible for FRD.

[Amended 10-23-2006 ATM by Art. 5]

Contiguous parcels. To be eligible for consideration as an FRD, the total tract shall consist of one parcel or set of contiguous parcels.

Mix of housing types. The FRD may consist of a combination of single-family and multifamily residential structures. Except for those FRD's composed of the housing type allowed below under § 300-55C, multifamily structures shall be townhouse style and not contain more than two dwelling units and shall not make up more than 50% of the basic maximum number.

Land division. To be eligible for consideration as an FRD, the tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81P; provided, however, that an FRD may also be permitted where intended as a condominium on land not so divided or subdivided.

Conventional subdivision simultaneous filings. The requirement to apply for an FRD special permit shall not prohibit an applicant from choosing to pursue conventional subdivision approval. A "conventional subdivision" shall be defined as a subdivision (as defined by MGL c. 41, § 81L) which does not reflect the FRD special permit principles. The only requirement that must be met in these cases is to submit a complete FRD application and initiate the FRD process. The decision to either pursue the FRD special permit or the conventional subdivision is outlined in § 300-49H (Procedures).

§ 300-46 Special permit required.

The Planning Board may authorize an FRD pursuant to the grant of a special permit. The Planning Board will act as the special permit granting authority for all FRD applications. Such special permits shall be acted upon in accordance with the provisions of this bylaw and § 300-35 of the Town of Salisbury Zoning Bylaw. With respect to special permit applications under this article, the Planning Board shall also have all the powers and duties of the Zoning Board of Appeals under § 300-35 of this bylaw.

§ 300-47 Preapplication conference.

The applicant for an FRD is strongly encouraged to attend a preapplication conference at a regular business meeting of the Planning Board as outlined in the Planning Board's Rules and Regulations.[1]

Editor's Note: See Ch. 465, Planning Board.

§ 300-48 Design process.

At the time of the application for a special permit for an FRD in conformance with § 300-49 of this bylaw, applicants are required to demonstrate to the Planning Board that the following four-step design process was performed by a certified landscape architect, or by a multidisciplinary team of which one member must be a certified landscape architect ("qualified design team"), and considered in determining the layout of proposed streets, house lots, and open space.

Step One: Identifying conservation areas and the potentially developable area.

The certified landscape architect or qualified design team shall first identify and delineate two categories of conservation areas at the site, as follows:

(a)

Primary conservation areas, consisting of those areas protected by federal, state, or local laws, including but not limited to wetland resource areas, areas of critical environmental concern, outstanding resource waters, and estimated rare species habitat (as designated by Natural Heritage and Endangered Species Program); and

(b)

Secondary conservation areas, consisting of those elements of the natural landscape that are not protected by law, but the maintenance of which in their natural state would provide environmental, aesthetic, pastoral, historical, or other value to the environment or community, such as flood hazard areas, floodplains, steep slopes (typically greater than 25%), mature woodlands [noninvasive trees with caliper of 20 inches or greater (measured at four feet)], wetland buffer zones, vernal pools, prime farmland, large open meadows, stone walls, critical wildlife habitats, priority habitats (as designated by Natural Heritage and Endangered Species Program) and important cultural features such as historic and archaeological sites, heritage landscapes and scenic views.

The certified landscape architect or qualified design team shall then delineate the potentially developable area, which, to the maximum extent feasible, shall consist of land outside identified primary and secondary conservation areas.

Step Two: Locating house sites. The certified landscape architect or qualified design team shall then locate the approximate sites of individual houses within the potentially developable area and delineate the private yards and shared amenities, so as to reflect an integrated neighborhood that conforms with the existing topography and natural features, with emphasis on consistency with the Town's historical development patterns and heritage.

Step Three: Aligning the streets and trails. The certified landscape architect or qualified design team shall then align streets to access the house lots and lay out sidewalks and walking trails to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.

Step Four: Lot lines. If applicable, the certified landscape architect or qualified design team shall then delineate the lot lines according to § 300-51 of this bylaw.

§ 300-49 Application procedures.

An application for a special permit for an FRD, or for an amendment thereto, shall include, among other supporting information, an FRD special permit plan. The FRD special permit plan submittal shall consist of a sketch plan and a conventional subdivision yield plan as described in the Town of Salisbury FRD Rules and Regulations.

As part of the application process, the applicant shall deliver copies of the FRD special permit application and plans to local boards, Town departments, and committees according to the Planning Board's Rules and Regulations.[1] Such reviewing boards and officials are given 14 days within which to respond to the Planning Board with comments and/or recommendations.

Editor's Note: See Ch. 465, Planning Board.

The Planning Board shall, in compliance with MGL c. 40A, § 9, hold a public hearing on the FRD special permit application within 65 days from the date of filing of such application.

The Planning Board shall render a decision on the FRD special permit application within 90 days from commencement of the public hearing unless the applicant consents to an extension.

Whether or not conducted during the preapplication stage, the Planning Board may conduct a site visit during the public hearing process. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or his or her agents if requested by the applicant.

The Planning Board may engage technical experts, at the applicant's expense, as are reasonably necessary in connection with its review of the applicant's proposed plan(s). Project fees are outlined in the Planning Board's Rules and Regulations.

The procedural and substantive special permit requirements set forth in this article shall be in addition to any other requirements of the Subdivision Control Law[2] and other provisions of this bylaw.

[2]

Editor's Note: See MGL c. 41, §§ 81K to 81GG.

Relationship between the FRD special permit plan and a conventional definitive subdivision plan filed simultaneously.

If the applicant has also submitted a definitive subdivision plan, as outlined in § 300-45F at the same time as its application for an FRD special permit, the Planning Board shall hold concurrent public hearings on both plans.

If the definitive subdivision filing shows a conventional subdivision as opposed to an FRD subdivision, the Planning Board shall first, prior to the close of the public hearings, recommend which plan it considers most beneficial to the Town and then the applicant shall, prior to the close of the public hearings, elect and advise the Board in writing which plan he or she wishes to pursue. The applicant may then withdraw the obsolete application with the Board's approval, or the Board may continue with the approval process for both applications if practicable.

Relationship between the FRD special permit plan and FRD definitive subdivision plan.

All FRD special permits issued by the Planning Board shall, by virtue of this provision, include a condition that an FRD definitive subdivision plan shall substantially comply with an approved FRD special permit plan and special permit conditions before receiving Planning Board approval. The Planning Board may hold concurrent public hearings for the FRD special permit and the FRD definitive subdivision plan.

An FRD definitive subdivision plan shall be considered not to substantially comply with the FRD special permit plan if the Planning Board determines that any of the following changes exist:

(a)

An increase in the number of building lots or dwelling units;

(b)

A significant decrease in the open space acreage and/or a significant change in the open space quality or configuration;

(c)

A significant change in the lot or road layout;

(d)

A significant change in the general development pattern, which is contrary to or inconsistent with the primary purposes of an FRD, as specified in § 300-44 of this bylaw;

(e)

A significant change to the stormwater management facilities; and/or

(f)

A significant change in the wastewater management systems.

(3)

If the Planning Board determines that the FRD definitive subdivision plan does not substantially comply with the FRD special permit, the Board may deny the FRD definitive subdivision plan.

(4)

The Planning Board may conditionally approve an FRD definitive subdivision plan that does not substantially comply with the FRD special permit so long as the conditional approval does not violate the purposes and intent of this bylaw. However, such conditional approval must identify where the plan does not substantially comply with the FRD special permit and shall be conditional upon the applicant applying for, and the Planning Board granting, an amendment to the FRD special permit such that the FRD special permit is consistent with the significant changes identified by the Planning Board. The conditional approval shall also require that the applicant file its application for an amendment to the FRD special permit within a specified time period.

(5)

The public hearing on the application for an amendment to the FRD special permit shall be limited to the significant changes identified by the Planning Board in its conditional approval of the FRD definitive subdivision plan. The Planning Board may only review and consider factors and impacts associated with the significant changes in deciding whether to grant an amendment to the FRD special permit.

Concurrent public hearings are allowed for site plan review and definitive subdivisions when, and if, they will be required subsequent to FRD special permit approval. In these cases, definitive plans and site plans may be revised to reflect the FRD process up until the public hearings are closed. The FRD special permit public hearing shall be closed and the Planning Board shall vote a final decision regarding the FRD special permit before the public hearings for either the definitive plan and/or site plan are closed.

Substantial progress toward implementation of the approved FRD special permit must occur within two years from the date of Planning Board approval which shall not include such time required to pursue or await the determination of an appeal from the grant of the FRD special permit which is referred to in MGL c. 40A, § 17, or the approval becomes void. Extensions may be granted at the discretion of the Planning Board if the applicant submits proof, in the form of a written narrative, that substantial progress has been made.

§ 300-50 Conventional subdivision yield plan; basic maximum number of lots.

The basic maximum number or density, as described herein, shall be derived from and delineated on a conventional subdivision yield plan (hereinafter "basic maximum number"). In the case of a site being divided or subdivided, the conventional subdivision yield plan shall show the maximum number of lots that could be deemed practicably buildable upon the site under a conventional subdivision process according to the Rules and Regulations Governing the Subdivision of Land in the Town of Salisbury[1] and all other applicable state and local rules and regulations. The proponent shall have the burden of proof with regard to the basic maximum number of lots. The Planning Board may request further information related to the proposed yield, including but not limited to an approved wetland and resource delineation, soil tests, percolation tests reasonably needed to determine soil suitability, and availability of Town-provided sewer and water. The determination of yield shall set the amount of lots (or dwelling units) submitted in the sketch plan, not including increased units allowed under § 300-55 of this bylaw.

Editor's Note: See Ch. 465, Part 2, Subdivision of Land.

§ 300-51 Reduction of dimensional requirements.

The Planning Board encourages applicants to modify lot size, shape, and other dimensional requirements for lots within an FRD, subject to the following limitations:

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the FRD; provided, however, that the Planning Board may waive this limitation to the extent it determines that such waivers will substantially further the purposes and intent of this bylaw.

At least 50% of each required setback for the applicable zoning district shall be maintained in the FRD; provided, however, that the Planning Board may further reduce the applicable setbacks to the extent it determines that such reduction(s) will substantially further the purposes and intent of this bylaw.

Minimum lot size shall be 10,000 square feet; provided, however, that the Planning Board may reduce this minimum lot size to the extent it determines that such reduction(s) will substantially further the purposes and intent of this bylaw.

§ 300-52 Open space requirements.

A minimum of 50% of the tract shown on the development plan shall be open space and must be preserved as such in perpetuity in accordance with this article.

The ratio of uplands to wetlands within the proposed open space area shall be equal to or greater than the ratio of uplands to wetlands on the entire tract; provided, however, that the Planning Board may allow a lower ratio if it determines that doing so will substantially further the goals of this bylaw and otherwise be in the best interests of the community. Wetlands are considered resource areas as defined by Section 310 of the Code of Massachusetts Regulations.

The open space shall be contiguous and may be composed of more than one lot. "Contiguous" shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or driveway created by the FRD.

The open space shall be, to the greatest extent practicable, accessible to the general public, and not for the exclusive use of a homeowners' association or nonprofit organization. For open space maintained for active agricultural purposes, public access may be limited or completely excluded.

The open space shall be suitable for and protected and maintained for either wildlife habitat, conservation, historic preservation (landscapes and/or structures), outdoor education, passive and limited active outdoor recreation, park purposes, agriculture, horticulture, forestry, and/or a combination of these uses. It shall also be served by suitable access for such purposes. The Planning Board may permit up to 5% of the open space to be paved (pervious paving materials are encouraged) or built upon for structures accessory to the dedicated use or uses of such open space (for example, pedestrian walks and bike paths). Parking areas and areas used for vehicular access or egress shall not constitute open space.

At the discretion of the Planning Board subsurface wastewater and stormwater management systems serving the FRD may be located within the open space only if the open space is to be maintained and owned by a corporation or trust according to Subsection G(3) below. If the subsurface system is contained on a separate lot within the open space, the remainder of the open space may be conveyed to the Town or a nonprofit organization according to Subsection G(1) and (2) below. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required unless these systems are determined by the Planning Board to be "soft" (nonstructural), natural-like stormwater management systems that do not create impervious surfaces, that enable infiltration and that are otherwise compatible with the contemplated uses of the adjacent open space.

The open space shall either be subject to a recorded conservation restriction enforceable by the Town providing that such land shall be perpetually kept in an open state, preserved exclusively for the purposes set forth herein, and maintained in a manner which will ensure its suitability for its intended purposes, or, at the Planning Board's election, shall be conveyed to one of the following:

The Town or its Conservation Commission;

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; or

(3)

A corporation or trust owned jointly or in common by the owners of lots within the FRD. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust that 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 to perform maintenance of such open space and facilities if the trust or corporation fails to provide adequate maintenance and deemed to have granted 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 trust or corporation shall be liable to the Town for the reasonable expenses associated with such maintenance performed by it. 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.

Any such conservation restriction and/or conveyance shall be in a form satisfactory to Town Counsel and the Planning Board and shall be completed and recorded and evidence thereof shall be submitted to the Planning Board and the Building Inspector prior to issuance of the first occupancy permit.

§ 300-53 Design standards.

The Town of Salisbury Planning Board may, after proper notice and public hearing, adopt rules and regulations that govern generic and site-specific design standards relative to the development and design process. These design standards shall include but not be limited to tree and soil removal, streets, landscaping, mix of housing types, architectural style, parking, buffer areas, drainage, screening, common driveways and trails.

§ 300-54 Planning Board action; factors to be considered.

The Planning Board may grant a special permit for an FRD if it determines that the proposed FRD has less detrimental impact on the tract and advances further the interests of the community than a conventional development proposed for the tract, after considering the following factors:

Whether the FRD achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

Whether the FRD promotes permanent preservation of open space, scenic vistas, agricultural land, forestry land, wildlife and rare species habitat, other natural resources and features, including aquifers, water bodies, areas of critical environmental concern, and wetlands, and historical and archaeological resources in a manner that is consistent with the Town of Salisbury Community Development Plan;

Whether the FRD promotes a more efficient and compact form of development that consumes less open land and natural materials and conforms to existing topography and natural features better than a conventional subdivision;

Whether the FRD reduces the total amount of disturbance on the site as compared with a conventional subdivision;

Whether the FRD furthers the goals and policies of the Town of Salisbury Community Development Plan as amended from time to time;

Whether the FRD facilitates the construction and maintenance of housing, streets, utilities, and public services in a more economical and efficient manner than a conventional subdivision plan;

Whether the FRD special permit plan and other supporting documentation comply with all provisions of this bylaw;

Whether the proposed construction of housing, landscape and streetscape is in harmony with the architectural heritage and historic character of the Town of Salisbury;

Whether the FRD promotes affordable housing and a more diversified housing stock.

§ 300-55 Increases in permissible density.

The Planning Board at its discretion may award a density bonus for an FRD to increase the number of dwelling units beyond the basic maximum number. The density bonus for the FRD shall not, in the aggregate, exceed 35% of the basic maximum number. Computations shall be rounded to the next highest number. Such a density bonus may be awarded in the following circumstances only if the Planning Board determines that the proposed development is in substantial conformance with the purposes and intent of this bylaw:

For each set aside of an increased 10% of open space over the minimum 50% open space set aside the Planning Board may award a bonus of 10% of the basic maximum number, up to a maximum bonus of 20%.

For every one dwelling unit in a development that is legally and perpetually restricted to occupancy by persons or families who qualify as low or moderate income, as those terms are defined for the area by the commonwealth's Department of Housing and Community Development, and is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory through the Local Initiative Program under MGL c. 40B, §§ 20 to 23, in excess of the number of affordable housing units required by any Town of Salisbury inclusionary housing bylaw,[1] the Planning Board may award a two dwelling unit density bonus. Such additional affordable housing units shall comply in all respects with and be subject to the terms of the inclusionary housing bylaw, provided that, if no such bylaw is in effect, the Planning Board's FRD special permit shall establish the terms governing the construction and marketing of such affordable housing units.