[Added 11-14-2000 ATM, Art. 22]
The purpose and intent of the Open Space Development Overlay
District is to:
A.
Provide greater choice in the type of housing to correspond to the
varying needs of Town residents in different stages of their lives.
B.
Ensure that the development of additional housing units does not
detract from the livability, scale, character or economic value of
existing residential neighborhoods.
C.
Encourage the preservation of open space for conservation, outdoor
recreation and park purposes.
A.
In areas of the Town designated as Open Space Development Overlay District(s), the existing, underlying zoning designation shall remain applicable and any use permitted in the underlying zone shall continue to be permitted on the terms and conditions provided for such uses in such underlying district, except as provided in Subsection C.
(1)
The
boundaries of the Open Space Development Overlay District are shown
on a map entitled Northbridge, Massachusetts Zoning Overlay Districts
prepared by CMRPC (Central Mass Regional Planning Commission) dated
October 2012.
[Added 10-23-2012 ATM,
Art. 15]
B.
In the Open Space Development Overlay District(s), the Planning Board
may, upon the grant of a special permit in accordance with the provisions
of this article, also authorize the following uses:
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Single-family dwellings, townhouses, hotels, motels, conference
and function facilities, related food service facilities, golf courses,
tennis courts, bike trails and related active and passive recreational
uses including field sports and club houses.
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C.
If the Planning Board issues a special permit for any of the uses authorized in Subsection B, the uses otherwise permitted in the underlying zoning district shall no longer be permitted on the land subject to the special permit and the land shall only be used for uses authorized by such special permit.
An Open Space Development must conform to the following development
standards, provided that in appropriate circumstances the Planning
Board may waive minor non-conformities.
A.
Tract size. Any tract of land proposed for an open space development
shall have an area of at least 175 acres.
B.
Open space. At least 51% of the entire tract of an open space development
shall be maintained as open space.
C.
Density. The total number of residential units in an open space development
shall not exceed 1.0 units per buildable acre of land.
E.
Access and interior ways. There must be a least two points of access
to and exit from an open space development from public streets. At
least one point of access must be from a public way within the Town
of Northbridge. Access within the tract between required points of
access shall include at least one street constructed in accordance
with the requirements for a secondary street under the Rules and Regulations
Governing the Subdivision of Land.[1]
F.
Townhouse design and layout. No townhouse structure shall contain
more than six residential units. Townhouse structures shall be no
closer than 35 feet to an adjacent residential structure.
G.
Single-family lots. Single family lots within the open space development shall comply with the minimum lot size, width and yard requirements provided in § 173-85. (Flexible Development bylaw)
H.
Perimeter buffer. There shall be a perimeter buffer of at least 50
feet from structures along the boundaries of the open space development
tract. The perimeter buffer may be considered part of the common open
space, and active and passive recreational uses may be located therein.
I.
Utilities. All utilities, including but not limited to electric,
water and sewerage, shall be placed underground.
J.
Residential mixture. No more than 70% of the residential units in
an open space development shall be townhouse units, and no more than
70% of the residential units shall be detached single family units.
K.
K. Height. No residential building shall exceed two and one half
stories and 35 feet in height unless the special permit granting authority
determines that a higher structure will not be detrimental to the
character or aesthetic quality of the development or surrounding community.
L.
Water and sewerage. Each residential unit must be served with public
water service and be connected to the public sewerage system or to
a private on site waste treatment facility (package treatment plant)
approved by the Department of Environmental Protection.
The open space shall be designed and maintained in accordance
with the following standards:
(1)
Open space shall be planned as large, contiguous parcels whenever
possible. Strips or narrow parcels of open space shall be permitted
only when necessary for access or as vegetated buffers along the site
perimeter.
(2)
Open space may be located in more than one parcel, provided that
the size, shape and location of such parcels are suitable for the
designated uses.
(3)
No more than 15% of the open space shall be covered by impervious
surfaces.
(4)
The open space must include an 18 hole golf course and may also be
used for other passive and permitted active recreational uses, conservation,
preservation, forestry, agriculture, natural buffers, structures necessary
for approved uses and utilities.
(5)
Uses of the open space shall in all instances require approval by
the Planning Board.
A.
Submission of site plan. The applicant shall submit an application for an open space development special permit, together with a site plan, to the Planning Board at a regularly scheduled meeting. A copy of the application and site plan shall also be filed with the Town Clerk. The Planning Board will notify the Conservation Commission, Zoning Board of Appeals, Board of Selectmen, DPW, and Safety Committee of the time and location of the hearing scheduled to consider the application and site plan. The contents of a site plan shall be consistent with, to the extent applicable, the requirements of § 173-49.1 (Site Plan Review), and the preliminary plan requirements of the Rules and Regulations Governing the Subdivision of Land,[1] provided that single family residences need not be shown,
and provided further that the Planning Board may waive or modify any
requirements that it determines to be unnecessary or burdensome in
particular cases.
B.
Submission of definitive subdivision plan.
(1)
Applicants for an open space development containing a subdivision
shall submit a definitive plan complying with the definitive plan
requirements of the Rules and Regulations Governing the Subdivision
of Land.[2] The definitive subdivision plan may be submitted after
the approval of an open space development special permit, in which
case the approved site plan will be treated as an approved preliminary
plan.
A.
The applicant shall ensure through deed restrictions that the open
space is kept in an open state in perpetuity and will not be built
upon for uses not permitted in the previous sections of this Article,
provided however, that such restrictions shall not prohibit additional
development of the site which complies with this by-law and is approved
pursuant to the special permit procedures provided herein.
A.
The Planning Board may approve an open space development special
permit if the Board finds that all of the following conditions are
met:
(1)
The application, site plan and supporting materials substantially
conform to the requirements of this section.
(2)
The application has provided satisfactory methods of ensuring the
performance of any special conditions included in the application
and site plan including specifically the provisions concerning open
space.
B.
The Planning Board, in granting an open space development special
permit, may impose such additional conditions as the Planning Board
finds will serve the public interest, safety and the purposes of the
open space development by-law.
C.
No construction, reconstruction, or subdivision except as shown on
the site plan, shall occur without further submission of plans to
the special permit granting authority, and a notation to this effect
shall appear upon the approved plan.
A.
In addition to the required fee for a special permit, the provisions of § 173-49.1D(2) relating to additional expenses, shall apply to applications for an open space special permit.
B.
Prior to the issuance of building permits pursuant to any special
permit granted under this Article, the applicant shall provide performance
security in a form acceptable to the Planning Board and in an amount
sufficient to assure the completion of interior ways and required
site improvements. Such security shall be coordinated with any security
required under the subdivision control law, if applicable, and may
be provided in phases under appropriate circumstances with the approval
of the Planning Board.
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Legal Description of Open Space Development Overlay District
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A certain parcel of land situated in the Town of Northbridge,
Worcester, County, Massachusetts bounded and described as follows:
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Beginning at a point at the most westerly corner of the parcel
to be described.
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Thence N 53° 34' 58" E, a distance of 535.48 to a point;
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Thence N 07° 48' 28" W, a distance of 135 feet more or less
to a point at the Southerly side of Upton Street;
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Thence North Easterly by Upton Street, a distance of 1,700 feet
more or less to a point.
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Thence N 56° 05' 28" E., continuing by Upton Street a distance
of 448.17 feet to a point;
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Thence N 56° 03' 10" E., a distance of 633.10 continuing
by Upton Street to a point on the boundary between the Town of Northbridge
and the Town of Upton;
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Thence S 33° 18' 40" E, a distance of 3,664.84 feet by the
boundary between to Town of Northbridge and the Town of Upton to a
point;
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Thence S 00° 26' 51" E, a distance of 309.86 feet to a point;
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Thence S 34° 38' 32" W, distance of 950.82 feet to a point;
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Thence N 40° 36' 17" W, a distance of 1984.78 feet to a
point;
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Thence S 31° 35' 58" W, a distance of 1231.74 feet to a
point;
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Thence N 54° 55' 45" W, a distance of 222.52 feet to a point;
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Thence S 49° 05' 02" W, a distance of 258.98 feet to a point
on the northeasterly sideline of School Street;
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Thence northwesterly on a curve to the left with a radius of
1630.00 feet for an arc distance of 143.35 feet by the northeasterly
sideline of School Street to a point;
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Thence N 38° 14' 07" E, a distance of 10.98 feet to a point;
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Thence N 12° 44 00" E, a distance of 63.85 feet to a point;
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Thence N 18° 52' 11" W, a distance of 115.88 feet to a point;
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Thence N 28° 12' 11" W, a distance of 153.40 feet to a point;
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Thence N 32° 50' 11" W, a distance 132.90 feet to a point;
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Thence N.49° 00' 18" W., a distance of 149.19 feet to a
point;
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Thence N 56° 21' 49" E, a distance of 71.00 feet to a point;
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Thence N 09° 40' 49" E, a distance of 69.25 feet to a point;
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Thence N 34° 13' 11" a distance of 102.50 feet to a point;
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Thence S 52° 14' 49" W, a distance of 39.63 feet to a point;
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Thence N 47° 48' 57" W, a distance of 154.72 feet to a point;
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Thence N 46° 58' 26" E, a distance of 60.00 feet to a point;
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Thence N 44° 11' 54" W, a distance of 179.95 feet to a point;
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Thence S 21° 58' 24" W, a distance of 83.56 feet to a point;
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Thence N 64° 01' 36" W, a distance of 225.00 feet to a point;
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Thence N 70° 01' 36" W, a distance of 100.00 feet to a point;
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Thence S 83° 45' 24" W, a distance of 425.76 feet to a point;
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Thence N 02° 31' 36" W, a distance of 269.50 feet to a point;
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Thence N 84° 12' 51" W, a distance of 256.40 feet to a point;
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Thence N 66° 33' 27" W, a distance of 186.89 feet to a point;
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Thence N 12° 34' 07" W, a distance of 108.41 feet to a point;
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Thence N 16° 54' 09" W, a distance of 190.29 feet to a point
of beginning. The above described parcel contains 214.23 acres more
or less.
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