In order to apply for a special permit for an OSRD Plan, the
application must submit, in addition to the proposed OSRD Subdivision
Plan or OSRD ANR Plan, a draft conventional subdivision plan or a
draft conventional ANR plan, respectively, showing the development
of the multi-lot property under the conventional standards of the
Zoning District in which it is located.
A. Purpose of conventional plan. The draft conventional plan will be
used for comparison purposes in order assist the Planning Board in
determining whether to exercise its discretion to authorize the alternative
OSRD standards for the development of said property. Additionally,
the draft conventional plan will be utilized to calculate the maximum
number of dwelling units that will be allowed under the special permit.
B. Calculation of maximum number of dwelling units.
(1)
The maximum number of dwelling units shown on an OSRD Subdivision
Plan or OSRD ANR Plan shall not exceed the number of house lots as
shown on the draft conventional subdivision plan or draft conventional
ANR plan, respectively.
(2)
The applicant shall have the burden of proof in demonstrating
the maximum number of dwelling units. The Planning Board may demand
such additional site information as it deems necessary in order to
ensure the accuracy of this number. The Planning Board shall have
sole final authority in determining the maximum number of building
lots that the draft conventional subdivision plan is capable of showing.
The Board may impose conditions upon the approval of any OSRD special permit, in order to effectuate the purposes as laid out in §
375-11.1, to ensure compliance with the provisions of Article
11, and to promote the interests of the neighborhood and the Town.
The issuance of a special permit for an OSRD Plan shall be in
addition to, and shall not supersede or otherwise satisfy, the requirements
of the Subdivision Control Law and the regulations of the Planning
Board that are promulgated pursuant thereto, and the requirements
of any other provisions of this Zoning Bylaw. Any changes to an approved
OSRD Plan required by other departments shall require the approval
of the Planning Board, and if the changes are substantive, by amending
the Special Permit granted by the Planning Board.
CONTIGUOUS OPEN SPACE
Shall mean one area/parcel of open space at least 25% of
the entire original tract. Such open space may be divided by the road(s)
constructed pursuant to the OSRD Plan.The calculation of contiguous
open space area shall not include strips of open space less than 100
feet wide.
OSRD ANR PLAN
Shall mean an OSRD Plan that is eligible, upon receiving
an OSRD Special Permit, for endorsement by the Planning Board under
Massachusetts General Laws, Chapter 41, Section 81P as not requiring
approval as a subdivision.
OSRD PLAN
Shall mean a residential development plan that requires an
OSRD Special Permit.
OSRD SPECIAL PERMIT
Shall mean the discretionary zoning approval granted by the Planning Board allowing residential development under the dimensional and design standards of Article
11.
OSRD SUBDIVISION PLAN
Shall mean an OSRD Plan that requires approval by the Planning
Board as a subdivision under the Subdivision Control Law.
For any OSRD Special Permit that was approved by the Planning
Board prior to October 15, 2019, and for which the decision of the
Planning Board authorized the utilization of a restrictive covenant
and concurrent homeowners association declaration of trust as the
method of restricting the development of the open space notwithstanding
the lack of such an option in the Zoning Bylaw prior to October 15,
2019, the recorded restrictive covenant and homeowners association
declaration of trust shall be considered to be in conformance with
the Zoning Bylaw; provided that any amendment to the restrictive covenant
or homeowners association declaration of trust after October 15, 2019
shall trigger the need to comply with, or demonstrate to the Planning
Board existing compliance with, the drafting requirements of § 375-11.8B(2)-(4).