[Amended 5-2-1983 ATM by Art. 12]
1801.1.
For the purpose of promoting the more efficient use of land in harmony with its natural features; encouraging the preservation of open land for conservation, agriculture, open space and recreational use; preserving historical and archaeological resources; and protecting existing or potential municipal water supplies, all in accordance with the general intent of this Zoning Bylaw to protect and promote the health, safety, convenience and general welfare of the inhabitants of the Town of Wayland, an owner or owners of a tract of land within a Single Residence District, or an authorized agent or agents of such owner or owners, may submit an application for a special permit exempting such land from the lot area and frontage, yard, setback and width of lot requirements of Article 7.
1802.1.
In addition to any other documents or information
required by the Planning Board pursuant to its rules and regulations
adopted hereunder, application for a special permit pursuant to this
article shall be accompanied by a site plan (the "plan"), which plan
shall show all of the information required for a definitive subdivision
plan as specified in the Planning Board Subdivision Regulations,[1] such additional information required by § 198-601 through 605 of this Zoning Bylaw, as the Planning Board deems necessary, and, to the extent applicable, all proposed instruments to be recorded with the plan.
[Amended 5-5-2005 ATM by Art. 27; 5-5-2005 ATM by Art. 29;
10-3-2012 STM by Art. 6; 11-15-2016 STM by Art. 4]
1803.1.
After notice and public hearing in accordance
with law, which public hearing shall be held within 65 days after
the filing of the application with the Planning Board, the Planning
Board may, after due consideration of the reports and recommendations
of the Conservation Commission, Historical Commission, and the Board
of Health, grant such a special permit, provided that:
1803.1.1.
It finds that the proposed plan is in harmony
with the purposes and intent of this Zoning Bylaw and this article.
1803.1.2.
The area of the tract of land is not less than
5 acres.
1803.1.3.
The total number of dwelling units on the tract of land, including
any affordable units required by Section 2204, does not exceed the
number of building lots that could be created in the tract without
a special permit hereunder through a conventional subdivision in full
conformity with the dimensional requirements of this Zoning Bylaw
and the Planning Board's Subdivision Rules and Regulations, plus one
lot for each 10 of such building lots that could otherwise be created.
[Amended 5-15-2022 ATM by Art. 19]
1803.1.3.1.
For purposes of demonstrating the number
of lots under Subsection 1803.1.3 above, an applicant under this Bylaw
shall submit a dimensioned lotting plan signed and stamped by a registered
professional engineer and land surveyor ("Proof Plan") showing the
layout of lots and roadways for a development tract that fully complies
with the requirements of the Zoning Bylaw and the Planning Board Subdivision
Rules and Regulations for a conventional subdivision and is a feasible
development plan under state and local environmental statutes and
regulations.
1803.1.3.2.
Within the Residence Districts, the Planning
Board may allow by special permit structures to be constructed containing
more than one dwelling unit, but not more than four dwelling units
per structure. The total number of dwelling units shall not exceed
the total that is allowed under § 198-1803.1.3.
1803.1.3.3.
Notwithstanding any provision of this Zoning
Bylaw to the contrary, the Planning Board may allow by Special Permit
attached and detached dwelling units to be erected on single lot(s).
1803.1.4.
Each of the building lots shown on the site plan shall have
adequate frontage, but no less than 50 feet, on a public or private
way.
1803.1.5.
Each of the building lots shall be of a size and shape as shall
provide a building site that shall be in harmony with the natural
terrain and other features of the tract, but no such lot shall have
an area of less than 20,000 square feet.
1803.1.6.
The front, side and rear yards of each lot shall be shown on
the plan by dashed lines indicating the area within which a building
may be built. All dwellings, accessory buildings, driveways and roadways
shall be set back at least 50 feet from the perimeter of the tract
except that the Planning Board may reduce this setback to not less
than 15 feet if it furthers the interests of this bylaw, and 15 feet
from any open land, except for that portion of a driveway or roadway
that intersects a public or private way for access to the development.
1803.1.7.
For Conservation Cluster Developments consisting of at least
a majority of single-family detached dwellings, at least 35% of the
land area of the tract, exclusive of land set aside for road and drainage
areas, shall be designated as Open Land. For Conservation Cluster
Developments consisting of at least a majority of single-family attached
dwellings, at least 50% of the land area of the tract, exclusive of
land set aside for road and drainage areas, shall be designated as
Open Land. For the purpose of this article, "Open Land" is defined
as a parcel or parcels of land, or an area of water, or a combination
of land and water, not including roads or ways, whether public or
private, The Open Land shall be reserved for open space, conservation,
agriculture, passive recreation, park purposes or some combination
of the foregoing.
1803.1.7.1.
The minimum required Open Land shall not contain a greater percentage
of wetlands as defined in the Wayland Wetlands and Water Resources
Protection Bylaw (excluding buffer zones), than the percentage of
wetlands found in the overall tract of land on which the cluster development
is located.
1803.1.7.2.
In order to limit the degree to which the Open Land may have
an irregular shape, and to optimize the public and ecological value
of the Open Land, the following Lot Shape Factor formula shall be
used: Lot perimeter squared ÷ Actual Lot area = Lot Shape Factor.
Eighty-five percent (85%) of the area of the minimum required Open
Land shall not have a Lot Shape Factor greater than 50. See examples
below:
|
Illustration #1
Conforming Lot Shape Factor
 |
Illustration #2
Non-Conforming Lot Shape Factor
 |
1803.2.
Conveyance of the Open Land.
1803.2.1.
The Open Land shall be conveyed either:
(a)
To the Town or its Conservation Commission, but only if the
Town or Conservation Commission agrees to accept title to the Open
Land;
(b)
To the Sudbury Valley Trustees, Inc., and its successors or
to another nonprofit conservation organization approved by the Planning
Board, the principal purpose of which is the conservation of open
space; or
(c)
To a corporation, trust or association owned, or to be owned,
by the owners of lots or residential units within the tract, provided
that if such a corporation, trust or association holds title, ownership
thereof shall pass with conveyance of the lots or residential units.
1803.2.2.
If title to the Open Land is held by an entity other than the
Town, provisions shall be made satisfactory to the Planning Board
that the Town, through its Conservation Commission, Planning Board,
or other board, can enforce restrictions or easements imposed upon
the Open Land by the Planning Board as conditions of its special permit.
1803.2.3.
Subject to the approval of the Board of Health, as otherwise
required by law, the Planning Board may permit the Open Land to be
used for subsurface waste disposal where the Planning Board finds
that such use will not be detrimental to the character or quality
of the Open Land.
1803.3.
(Reserved)[1]
[1]
Editor's Note: Former § 198-1803.3, which provided:
"If the tract of land proposed for the Conservation Cluster development
is located in two or more residential districts, the entire tract,
for all purposes of this, shall be considered as lying entirely within
the district having the largest area and frontage requirements, except
that if 75% or more of the total area shown on the plan as building
lots lies within one residential district, all of the land shall be
considered as lying within that district," was repealed 5-15-2022 ATM by Art. 19.
1803.4.
No lot shown on the plan for which a permit is granted under
this article may be further subdivided, and a notation to this effect
shall be shown on the approved, recorded plan.
1804.1.
The Planning Board may, in appropriate cases,
impose as a condition of the special permit further restrictions,
conditions and safeguards upon the tract, or parts thereof, to protect
and promote the health, safety, convenience and general welfare of
the inhabitants of the Town of Wayland.
1805.1.
In connection with the granting or denying of
a special permit under this article, the Planning Board shall issue
to the applicant and shall file with the Town Clerk a written decision
that shall include, at a minimum:
1805.1.1.
A determination of the maximum number of lots
upon which dwellings could be constructed (without a special permit
hereunder) and a determination of the area of the tract usable for
residential construction in accordance with § 198-1803.1.3
herein.
[Amended 11-15-2016 STM
by Art. 4]
1805.1.2.
A general description of the neighborhood in
which the tract lies and the effect of the plan on the area.
1805.1.3.
The relation of the proposed development to
long-range plans of the Town, if any.
1805.1.4.
The extent to which the proposed development
is designed to take advantage of the natural terrain of the tract.
1805.1.5.
The extent to which the proposed open land is
of such a size, shape and location and has such adequate access so
as to benefit the Town.
1805.1.6.
If the Planning Board grants the special permit,
the finding required by § 198-1803.1.1 above.
1805.1.7.
If the Planning Board denies the special permit,
its reasons for so doing.
1805.1.8.
If the Planning Board disagrees with the recommendations
of the Conservation Commission, Historical Commission, or the Board
of Health, it shall state its reasons therefor in writing.
[Amended 11-15-2016 STM
by Art. 4]
1805.1.9.
If, by the terms of the special permit, the
Planning Board permits the open land to be used for subsurface waste
disposal, the finding required by § 198-1803.2.3 above.
[Amended 11-15-2016 STM
by Art. 4]
1805.2.
Such decision must be reached, filed with the
Town Clerk and sent or delivered to the applicant within 90 days after
the public hearing held on the application for the special permit,
unless said ninety-day deadline is extended in accordance with law.
Failure to so act shall be deemed approval in accordance with law.
[Amended 11-15-2016 STM
by Art. 4]
1806.1.
If a special permit is granted, the Planning Board shall impose
as a condition that the Open Land shall be conveyed, free and clear
of any liens or encumbrances except those that may be permitted by
the Planning Board, and subject to a perpetual restriction of the
type described above (if applicable), prior to the Planning Board's
release of any lots from the subdivision restriction covenant or,
if there is no such covenant, prior to the Building Commissioner's
issuance of a building permit for any lot, unless the petitioner shall
provide a cash performance bond in an amount sufficient in the judgment
of the Planning Board to guarantee the conveyance of the Open Land
as required by the special permit. 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. In any event, the Open Land shall be conveyed
as required on or before one year after the conveyance of the first
lot.
1807.1.
A special permit granted under this article
shall lapse within 18 months if substantial construction has not begun
by such date, except for a good cause shown and approved by the Planning
Board.
1808.1.
Following the granting by the Planning Board
of a permit under this article, it may, upon application and for good
cause shown, after notice and a public hearing as required for granting
a special permit, amend the plan solely to make changes in lot lines
shown on the plan; provided, however, that no such amendment shall:
1808.1.1.
Grant any reduction in the size of the open
land as provided in the permit;
1808.1.2.
Grant any change in the layout of the ways as
provided in the permit;
1808.1.3.
Increase the number of building lots as provided
in the permit; or
1808.1.4.
Decrease the dimensional requirements of any
building lot below the minimal required by this Zoning Bylaw.
