The primary purposes of an open space residential development
(OSRD) are:
A. To allow for greater flexibility and creativity in the design of
residential developments.
B. To facilitate the permanent protection of open space, agricultural
land, and natural, historic, and scenic resources.
C. To maintain the Town's traditional character and land use pattern
in which small villages contrast with open land.
D. To encourage a more economical and efficient form of development
that is less sprawling, consumes less open land, does not tax community
services unduly, respects a site's physical characteristics and minimizes
the total amount of disturbance on the site.
E. To protect scenic vistas along the Town's roadways and from other
places.
As used in this article, the following terms shall have the
meanings indicated:
BASIC MAXIMUM NUMBER
The number of units that would be allowed on a tract of land
using the standard Zoning Bylaw provisions and/or Subdivision Rules
and Regulations as determined by a conventional yield plan.
TRACT
Shall consist of one or more contiguous lots which were at
any time after the date of adoption of this OSRD Bylaw part of contiguous
property under common ownership (or in different ownerships, each
involving one or more of the same principals) proposed to be developed
as a single project, including in phases. Lots separated only by a
private or public way shall be considered contiguous for the purposes
of this OSRD Bylaw. An applicant may not break up a tract into smaller
parcels in order to avoid compliance with this bylaw.
The Planning Board shall act as the special permit granting
authority for OSRD applications. The Planning Board may adopt, and
from time to time amend, rules and regulations consistent with the
provisions of this bylaw and MGL c. 40A and other provisions of the
General Laws, and shall file a copy of said rules and regulations
with the Town Clerk.
Applicants shall submit applications for an OSRD special permit
in accordance with the rules and regulations governing open space
residential design as adopted and amended by the Planning Board.
The OSRD plan shall follow the design process outlined below.
Each applicant shall submit to the Planning Board its analysis for
each step to demonstrate that this design process was followed in
determining the layout of proposed streets, house lots, and protected
open space.
A. Evaluating site context. The first step is to evaluate the site in
its larger context by identifying physical features (e.g., stream
corridors, wetlands, land forms), transportation systems (e.g., road
and bicycle networks), cultural assets (e.g., recreational sites,
historic and archaeological resources), and surrounding land uses
and activities.
B. Understanding the site. The second step is to inventory and map existing
site features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other. These resources include
wetlands, riverfront areas, floodplains, steep slopes, mature woodlands,
hedgerows, unique or special wildlife habitats, historic or cultural
features (such as old buildings or stone walls), unusual geologic
formations and scenic views into and out of the property.
C. Designating open space to be preserved. The third step is to identify
the open space to be preserved on the site. Such open space should
include the most sensitive and noteworthy resources of the site, and,
where appropriate, areas that serve to extend neighborhood open space
networks.
D. Location of development areas. The fourth step is to locate building
sites, streets, parking areas, paths and other built features of the
development. The design should include a delineation of private yards,
public streets and other areas, and shared amenities, so as to reflect
an integrated community, with emphasis on consistency with the Town's
historical development patterns.
E. Lot lines. The final step is to draw in the lot lines to enable a
comparison of the conventional and OSRD plans. Assumed lot lines may
be drawn for an OSRD that is proposed as a condominium, cooperative,
or other form of common ownership.
Applicants are encouraged to modify the lot size, shape and
other dimensional requirements for lots in an OSRD development. The
following limitations apply:
A. The total number of lots or dwelling units in an OSRD shall not exceed
the number of lots in a conventional subdivision plan as determined
by the Planning Board.
B. Lots having reduced area or frontage shall not have frontage on a
way other than one created within an OSRD. The minimum frontage may
be reduced from the frontage otherwise required in the zoning district;
provided, however, that no lot shall contain less than 50% of the
allowed zoned frontage of each zoning area.
C. Lots may be reduced in area to facilitate the purposes of this bylaw.
The minimum lot size shall be 10,000 square feet in the Village Center
District and Commercial Business District, 15,000 square feet in the
Village Residential District, and 20,000 square feet in the Outlying
Residential District.
[Amended 11-17-2014 STM
by Art. 15]
D. Structures shall be at least 20 feet apart in all districts.
E. Dwellings may consist of any combination of single-family, two-family and attached residential dwellings (townhouses). Attached dwellings shall not contain more than five dwelling units. The number of dwelling units permitted shall not exceed that unless otherwise determined by the Planning Board according to the procedures of Subsection
A above.
F. The landscape shall be preserved in its natural state, insofar as
practicable, by minimizing tree and soil removal. Any grade changes
shall be in keeping with the general appearance of the neighboring
developed areas. The orientation of individual building sites shall
be such as to maintain maximum natural topography and cover. Topography,
tree cover, surface water buffers, and natural drainageways shall
be treated as fixed determinants of road and lot configuration rather
than as malleable elements that can be changed to follow a preferred
development scheme.
G. Streets shall be designed and located in such a manner as to maintain
and preserve natural topography, significant landmarks, and trees;
to minimize cut and fill; and to preserve and enhance views and vistas
on or off the subject parcel.
H. Open space shall be designed to add to the visual amenities of the
area by maximizing its visibility for persons passing the site or
overlooking it from nearby properties.
I. The removal or disruption of historic, traditional or significant
uses, structures, or architectural elements shall be minimized insofar
as practicable, whether these exist on the site or on adjacent properties.
If any provision of this bylaw is held invalid by a court of
competent jurisdiction, the remainder of the bylaw shall not be affected
thereby. The invalidity of any section or sections or parts of any
section or sections of this bylaw shall not affect the validity of
the remainder of the Town's Zoning Bylaw.