Pursuant to the authority granted by Article 18 of the Zoning Bylaws of the Town of Wayland, the Planning Board has adopted the following regulations governing special permits for conservation cluster development in the Town of Wayland.
The purpose of these regulations is to guide the planning, design and construction of developments in accordance with Article 18 of the Zoning Bylaws of the Town of Wayland in a manner consistent with the following objectives:
A.
Promoting the more efficient use of land in harmony
with its natural features.
B.
Encouraging the preservation of open land for conservation,
agriculture, open space and recreational use and preserving historical
and archaeological resources.
C.
Protecting existing or potential municipal water supplies.
D.
Protecting and promoting the health, safety, convenience
and general welfare of the inhabitants of the Town of Wayland.
E.
Implementing the Zoning Bylaws.
The effective date of these regulations is the
date of adoption by the Wayland Planning Board, March 1, 1988. Copies
of the regulations will be available at the office of the Planning
Board and will be furnished to the public at a reasonable cost to
cover preparation, reproduction and handling.
A development or any phase thereof under Article 18 of the Zoning Bylaws shall comply with these regulations as in effect as of the date an application is duly submitted for the special permit and when all requirements for an application contained in Article 18 and in these regulations are met to the satisfaction of the Board.
In addition to definitions contained in the
Massachusetts General Laws, the Zoning Bylaws of the Town of Wayland
and the Rules and Regulations Governing the Subdivision of Land, the
following terms shall have the definitions below:
A duly submitted and completed request for a special permit under Article 18 of the Zoning Bylaws of the Town of Wayland filed with the development plan and all required forms, fees and information in accordance with the Zoning Bylaws and these regulations.
Land, in its natural state or landscaped, unencumbered by
structures or paved surfaces, which land is intended to provide a
transition between different land uses or similar uses developed at
different intensities or in different development patterns or between
groups of houses within the conservation cluster development.
A parcel of land on which a single dwelling can be erected in conformance with Article 18 of the Zoning Bylaws.
A plan and resulting construction subject to a special permit granted by the Planning Board pursuant to Article 18 of the Zoning Bylaws.
The site plan required by Article 18 of the Zoning Bylaws of the Town of Wayland.
A road, street, highway, avenue or routed passage which has
not been accepted as a public way by a vote of the town.
Regulations of the Planning Board for a special permit for
conservation cluster development.
The Rules and Regulations Governing the Subdivision of Land
adopted by the Wayland Planning Board, as revised.[1]
The Town of Wayland.
A parcel or parcels of land subject to one application under Article 18 of the Zoning Bylaws.
The Zoning Bylaws of the Town of Wayland, as amended.[2]
All forms required by the Rules and Regulations
for the purposes of these regulations will be supplied to the applicant
by the Planning Board or its agent.
All costs incurred by the Town of Wayland to
administer the requirements of the Massachusetts General Laws, the
Zoning Bylaws, the Rules and Regulations Governing the Subdivision
of Land, these regulations and other applicable rules and regulations
of the Planning Board and other boards and commissions or departments
of the Town of Wayland in connection with an application for a special
permit for conservation cluster development shall be borne by the
applicant for the special permit as provided in Section 3.4 of the
Rules and Regulations of the Planning Board for Conduct of Planning
Board Functions, Meetings and Hearings.
The Wayland Zoning Bylaws shall apply to the
development insofar as they are applicable and shall control if there
is any inconsistency between the Zoning Bylaws and these regulations.
The Rules and Regulations Governing the Subdivision
of Land as revised from time to time shall apply to the development
unless inconsistent with these regulations, in which case these regulations
shall control.
A.
Strict compliance with the requirements of these regulations may be waived only when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the intent and purpose of Article 18 of the Zoning Bylaws and these regulations.
B.
Any request from an applicant for a waiver of these
regulations must be submitted in writing to the Board at the time
of, or prior to, submission of the application and must clearly identify
the provision or provisions of these regulations from which relief
is sought. Such request must be accompanied by a statement setting
forth the reason or reasons why, in the applicant's opinion, the granting
of such a waiver would be in the public interest and not inconsistent
with the intent and purpose of the Zoning Bylaws and these regulations.
C.
In waiving strict compliance, the Planning Board may
require such alternative conditions as will serve substantially the
same objective as the standards or regulations waived. All waivers
shall be granted in writing by the Planning Board.
If any section, paragraph, sentence, clause
or provision of these regulations shall be adjudged not valid, the
adjudication shall apply only to the material so adjudged, and the
remainder of these regulations shall be deemed valid and effective.
These regulations or any portion thereof may
be amended, supplemented or repealed from time to time by the concurring
vote of at least three members of the Board.
The information identified herein is not exclusive.
The Planning Board may from time to time require any additional information
which it feels is necessary in evaluating a proposal or plan or in
connection with construction. The applicant shall be notified in writing
of such requirement(s). If the need is not evident to the Board prior
to the public hearing and/or the information cannot be furnished prior
to the public hearing, the Board may continue the hearing until the
information is provided.
