[Amended 5-13-2013 ATM
by Art. 21; 5-11-2015 ATM by Art.
18]
8.3.1.
Purpose. The purpose of this Section 8.3 is:
1. To permit maximum flexibility and creativity in design for the development
of single-family subdivisions that will be superior to conventional
plans;
2. To promote the most harmonious use of the land's natural features,
resources and topography, which will promote the general health and
safety of the public;
3. To discourage sprawled development, minimize environmental disruption,
and provide a shorter network of streets and utilities which will
promote a more efficient distribution of services; and
4. To encourage the permanent preservation of open space, agricultural
land, forestry land, wildlife habitat, other natural resources including
aquifers, water bodies and wetlands, and historical and archaeological
resources.
8.3.2.
Special permit required. Open space residential development
may be authorized only by a special permit as granted by the Planning
Board.
8.3.3.
General requirements.
1. The number of building lots may not exceed the number of building
lots of the tract as permitted by Board of Health and Conservation
Commission regulations, existing zoning and a conventional subdivision
per the Foxborough Subdivision Regulations ("subdivision regulations").
2. For parcels situated in a Primary Resource Area, the maximum number
of building lots allowed in the special permit definitive plan filing
shall be determined by compiling the total sewage flow allowed for
the total upland area within each of the building lots as approved
in the conventional, preliminary plan. Minimum lot sizes of 30,000
square feet of upland area shall be required in these areas.
3. For parcels situated in Zone III of the Water Resource Protection
Overlay District (WRPOD), the maximum number of building lots allowed
in the special permit definitive plan filing shall be determined by
compiling the total sewage flow allowed within each of the building
lots as approved in the conventional, preliminary plan. Minimum lot
sizes of 20,000 square feet shall be required in these areas.
4. All lots and structures shall comply within the dimensional requirements
of Table 8-1. Whenever possible, the Planning Board will require septic
systems and housing units to be located outside of those areas protected
by the WRPOD Zone II regulations.
8.3.4.
Dimensional and design requirements.
Table 8-1
OSRD Dimensional Regulations[Amended 11-15-2021 STM by Art. 3]
|
---|
|
Minimum Lot Dimensions
|
Minimum Yard
(feet)
|
Maximum Building Height
(feet)
|
---|
District
|
Area
(square feet)
|
Frontage
(feet)
|
Front
|
Side
|
Rear
|
---|
R-40
|
20,000
|
50
|
35
|
15
|
30
|
35
|
Minimum Requirements within Zone II of the WRPOD
|
R-40
|
30,000
|
50
|
35
|
15
|
30
|
35
|
1. The requirements noted in Table 8-1 shall apply to all lots located within an OSRD. All accessory structures and uses shall comply with the requirements of Section 4 of these bylaws unless otherwise provided for herein. Within those areas governed by the WRPOD Zone II regulations, the minimum building lot area shall be "upland" as defined in MGL Chapter
131. Each dwelling unit shall have sufficient parking for two vehicles.
2. Lots approved at the preliminary plan stage may be located on existing
streets in the special permit filing and shall comply with the requirements
of Table 8-1.
3. Strong emphasis shall be placed upon preserving and integrating the
existing topography, natural features (such as rock outcrops, specimen
trees and clumps of trees) and man-made features such as stonewalls
into the plan.
4. The Planning Board may place limitations on the types and location
of accessory structures which may be located within the preserved
open space in the development. Existing/proposed screening, distances
between the OSRD and existing abutters, and topography shall all be
considered. The intent is to minimize impacts on existing abutters.
A deed restriction may be required if such limitations are applied.
5. Swimming pools may not be located within 30 feet of a property line
of an existing single-family dwelling abutting the OSRD. The Planning
Board may increase this distance after considering those items noted
in Subsection 4, above.
8.3.5.
Screening and buffering. When determined necessary by the Board,
screening and buffering shall comply with the following:
1. Screening/buffering may consist of landscaped berms, evergreen plantings,
solid walls or fences complemented by suitable plantings, "no cut"
provisions (for existing vegetation), or a combination of these items.
2. The location of the screening/buffering and species type(s) of vegetation
shall be noted on the definitive plan. All new plantings shall consist
of evergreens and be situated in a manner acceptable to the Planning
Board.
8.3.6.
Dedicated open space.
1. A minimum of 45% of the parcel shall become dedicated open space
pursuant to MGL c. 40A, § 9. The Planning Board may reduce
this figure to a minimum of 35% if it determines there are unique
circumstances (re: shape of parcel, topography, wetlands, etc.) that
would individually or together preclude the construction of the OSRD
or that the open space to be provided is of exceptional value to the
Townspeople.
2. Uses for open space: The open space may be used for wildlife habitat
and conservation and may also be the following additional purposes:
historic preservation, outdoor education, passive recreation, aquifer
protection, stormwater management, agriculture, horticulture, forestry,
or a combination of these uses, and shall be served by suitable access
for such purposes.
3. Dedicated open space may be utilized as natural courses for disposal
for storm drainage from impervious surfaces. Other than minor berming
(maximum 3-1 slopes which shall blend into the landscape) and riprap
at pipe outflows, no significant disruptions of the land (contour
changes greater than three feet) for drainage are permitted.
4. Dedicated open space may be in one or more parcels of a size and
shape appropriate for its intended use. The parcels shall be laid
out to promote convenient access by the homeowners within the OSRD,
the general public or both, whatever the case may be. Wherever practical,
parcels shall be accessible via upland areas. These items shall be
agreed upon by the Planning Board and applicant.
5. Public access to proposed preserved open space, including paths,
shall be provided. The plan shall show the location, construction
details, and signage for pathways. Paths in OSRDs shall not be utilized
for snowmobiles and other motorized travel, but may be used for cross-country
skiing, snowshoeing, horseback riding, and other non-motorized modes
of travel. If appropriate, skating areas may be designated within
preserved open space areas.
8.3.7.
Ownership of dedicated open space.
1. As agreed upon by the applicant and the Board, dedicated open space
shall either be conveyed to the Town and accepted by it for park or
open space, or be conveyed to a nonprofit organization, the principal
purpose of which is the conservation of open space, or to be conveyed
to a corporation or trust owned or to be owned by the owners of all
building lots within the development. If such a corporation or trust
is utilized, ownership thereof shall pass with conveyances of the
lots or residential units. In any case, where such land is not conveyed
to the Town, a restriction enforceable by the Town pursuant to MGL
c. 40A, § 9, shall be recorded providing that such land
shall be kept in an open natural state and not be developed or built
upon.
2. If necessary, such restrictions shall further provide for maintenance
for the common land in a manner which will ensure its suitability
for its function, appearance, cleanliness, and proper maintenance
of drainage, utilities, and the like.
8.3.8.
Pre-permitting and study plan(s): The applicant is required
to meet with the Board to discuss alternatives and conceptual plans
before filing an application.
8.3.9.
Special permit application and fillings. A special permit application
for an OSRD shall include a definitive subdivision plan with 11 copies.
It shall be prepared in accordance with the Foxborough Subdivision
Regulations. In addition, the applicant shall provide the following
information:
1. A detailed analysis of the site, including wetlands, soil conditions,
areas within the one-hundred-year floodplain, trees over six inches
in diameter in areas identified by the Planning Board, Water Resource
Protection Overlay District delineation and natural, and/or man-made
features and other items as the Planning Board may request;
2. A description of the proposed design characteristics of the site
pursuant to these regulations;
3. Engineering data showing effects of proposed development on both
on- and off-site water resources (within 100 feet of the property
line), wetlands and natural recharge of the groundwater, yield from
abutters' private wells and possible impacts upon the quality of surface
and groundwater;
4. A copy of any restrictive covenant(s) for the preserved open space,
association rules and regulations and/or other documentation relating
to the creation of a homeowners' association or similar entity.
8.3.10.
Application process. A pre-application meeting and public hearing
are required. The intent of such is to allow the Town the opportunity
to discuss with the applicant and review each proposal prior to the
special permit process. After the pre-application review, an applicant
may then proceed to the special permit process. A pre-application
review will be conducted in accordance with the following procedure:
1. An application, a preliminary set of plans, illustrating a conventional
subdivision plan and proposed OSRD shall be filed with the Foxborough
Town Clerk and the Planning Board. The application shall be accompanied
by 11 copies of the plans and any other supporting materials, which
must be prepared and stamped by a professional civil engineer and
landscape architect. This submittal shall comply with Section 3.01
of the Subdivision Regulations.
2. The preliminary subdivision plan shall be used by the Planning Board
to determine the maximum number of lots which could be created via
a conventional plan. This number will be the maximum allowed in an
OSRD definitive subdivision plan submittal.
3. The burden of proof shall be upon the applicant to prove the proposed
lot(s) are suitable for building. The Planning Board reserves the
right to challenge the status of any lot and not allow such to be
included in any definitive plan filing.
4. Formal percolation and depth to groundwater tests shall be conducted
for each building lot unless town sewerage is available. The results
of these tests shall be submitted with the application. Due to seasonal
testing requirements, the Planning Board may accept an application
without these certified tests. However, the applicant would proceed
at his or her own risk and no development of a building lot could
commence until it has been approved by the Board of Health.
5. A preliminary sketch plan of the proposed OSRD shall be submitted.
It shall contain the proposed location of the road(s), lots, drainage,
and dedicated open space. General topography (with ten-foot contours
maximum), major site features and adjacent streets shall also be shown.
6. The Planning Board shall hold a public hearing and act on the preliminary
plan within 45 days after the receipt of the application.
7. The conceptual OSRD shall also be reviewed and discussed during the
hearing process. Comments and recommendations shall be incorporated
in plans included in any subsequent filings.
8. If the preliminary conventional and conceptual OSRD plans are approved,
the Planning Board shall, insofar as practical under the law, allow
the submittal of a combined special permit and definitive subdivision
plan. A combined submission will not be authorized in those cases
where either the conventional preliminary plan or proposed OSRD sketch
plan is not approved by the Planning Board.
8.3.11.
Special permit decision.
1. The Planning Board shall conduct a public hearing in accordance with
the provisions of these bylaws.
2. If the Planning Board disagrees with any recommendations of another
Town of Foxborough board, it shall state its reasons therefor in writing.
3. The Planning Board shall consider the approval criteria in this section
and other factors to determine if it approves the plan as submitted.
4. The Planning Board may impose conditions as a part of any approval
that furthers the purposes of this Section 8.3 and these bylaws.
5. The Planning Board shall require a performance guarantee to secure
the proper completion of all infrastructures as well as the fulfillment
of any conditions of approval.
8.3.12.
Approval criteria. The Planning Board may grant a special permit
under this Section 8.3 only if it finds that:
1. The proposed plan is in harmony with the intent and requirements
of this section and these bylaws;
2. Open space as required by this bylaw has been provided and generally
conforms to the dedicated open space section of this bylaw;
3. Proposed uses of the open space comply with this bylaw;
4. Proposed open space will be dedicated in compliance with the Massachusetts
General Laws and this bylaw and is suitably protected;
5. Approximate building sites have been identified and are not located
closer than 100 feet to wetlands and waterbodies;
6. Proposed streets have been aligned to provide vehicular access to
each house in a reasonable and economical manner. Lots and streets
have been located to avoid or minimize adverse impacts on open space
areas and to provide views of and access to the open space for the
lots;
7. All lots meet the applicable dimensional requirements of this Open
Space Residential Development Bylaw and the Zoning Bylaws;
8. Documents creating a homeowners' association has been submitted to
the Board and approved by Town Counsel;
9. The development will not have a detrimental impact on the neighborhood
or abutting properties; and
10.
Other factors as determined appropriate by the Board.
8.3.13.
Revisions to approved special permits. Subsequent to granting
of a special permit, the Planning Board may permit the relocation
of lot lines or changes to landscaping within the project, provided
that any change in the number of lots, street layout, square footage
or composition of dedicated open space, or disposition thereof, will
require further review and a public hearing.
[Added 1-4-2013 STM by
Art. 7]
8.5.1. Purpose.
The purpose of this Section 8.5 is to:
1. Encourage
the protection and preservation of significant rural and natural areas,
including agricultural resources, open space, water bodies and supplies,
wetlands and other natural resources, and historical and archeological
resources;
2. Provide
site-sensitive alternatives for orderly land development and use;
3. Allow
innovation in the design of residential development and increased
responsiveness to site conditions;
4. Enhance
public safety by increasing access alternatives;
5. Facilitate
the construction and maintenance of streets, utilities and public
service facilities in an economical and efficient manner; and
6. Provide
a mechanism to evaluate, consider, and approve alternate land design
techniques.
8.5.2. Innovative
residential development includes land development techniques, site
access, and dimensional requirements that vary from those otherwise
required. Innovative residential development includes shared driveways
and extended dead-end roads. The Planning Board may adopt rules and
regulations to implement this section.
8.5.3. Shared
driveways. A single driveway may be constructed to serve two lots.
1. A shared
driveway provides vehicular access from a public way to the lots.
2. The
applicant shall demonstrate that each lot otherwise has legal and
functional access and it is possible to construct a driveway on each
lot.
3. The
applicant shall demonstrate that the shared driveway addresses one
or more of the following:
b. Sight
distance improvement;
c. Preservation
of land features, such as existing trees, stone walls and other amenities;
d. Compatibility
with abutting lots;
e. Convenience
for the homeowners, the public, and public safety providers.
4. Construction
standards, widths, turnarounds, maintenance agreements, and easements
shall be submitted with the application.
5. The
Planning Board may require that the Police Department and Fire Department
review the proposed shared driveway. A fire hydrant may be required.
6. The
street numbers for both dwellings must be clearly displayed in the
vicinity of the shared driveway.
8.5.4. Extended
dead-end roads. An extended dead-end road is one which exceeds the
maximum length allowed in the Subdivision Rules and Regulations.
1. Water
lines may not dead end. If they can only be looped within the road
right of way, the loops shall be separated to the maximum extent possible.
2. Utilization
of low-impact development tools, enhanced stormwater techniques, and
other innovative land use development techniques is encouraged.
3. The
applicant shall demonstrate that the extended dead-end road addresses
one or more of the following:
a. Vehicular
safety issues, either elimination of a second curb cut at an unsafe
location, elimination of a second curb cut with minimal sight distance,
elimination of a road with grades approaching the maximum allowed,
elimination of an outset intersection to an existing road, or other
factor;
b. Preservation
of land features, such as existing trees, stone walls and other amenities;
c. Protection
of natural, agricultural, historic, or other resources;
d. Compatibility
with abutting lots and land use patterns;
e. Substantially
reduced maintenance costs for the Town;
f. Convenience
for the homeowners, the public, and public safety providers.
4. Construction
standards, widths, maintenance agreements, easements, and other documentation
shall be submitted with the application for a special permit.
8.5.5. Approval
criteria. The Planning Board may grant a special permit if it determines
that the proposal achieves greater flexibility and creativity in the
design of residential development, promotes the preservation of community
character and natural resources, is compatible with the existing neighborhood,
reduces impact on natural resources and roadways, will not have a
detrimental impact on the neighborhood or abutting properties, facilitates
the efficient delivery of services and complies with the requirements
of this section.
8.5.6. Conditions.
1. The
Planning Board may impose conditions as a part of any approval. When
appropriate, the conditions may include off-site improvements to address
conditions which are likely to be affected by the proposed development,
such as but not limited to the installation of sidewalks, installations
of hydrants, replacement or repair of stone walls, planting of street
trees, and improvements to existing roads.
2. The
Planning Board shall require a performance guarantee to secure the
proper completion of all infrastructure as well as the fulfillment
of any conditions of approval.