[Amended 10-15-2019 ATM
by Arts. 8 and 9, approved 1-3-2020]
A.
An Open Space Residential Development (OSRD) is a residential development
in which the buildings or lots are clustered together with reduced
lot area, frontage, setback and lot coverage requirements. The total
number of allowed residential units is based on the number of units
that could be permitted for conventional development. The land not
included in the building lots is preserved as open space. Open Space
Residential Development is the preferred form of residential development
in the Town of Dartmouth.
B.
The purpose of Open Space Residential Development (OSRD) is:
(1)
To encourage a more efficient form of development that consumes
less open land and conforms to existing topography and natural features
better than a conventional subdivision.
(2)
To allow for greater flexibility and creativity in the design
of residential developments.
(3)
To encourage the preservation of open space, agricultural and
forestry land, plant and wildlife habitat, other natural resources
including aquifers, waterbodies, wetlands, historical and archeological
resources.
(4)
To protect existing and potential municipal water supplies.
(5)
To preserve and enhance Dartmouth's traditional New England
landscape.
(6)
To protect scenic vistas as viewed from the Town's roadways
and other public places.
(7)
To reduce the construction cost and maintenance of streets,
utilities and public services in a more economical and efficient manner
in harmony with the site and neighborhood.
(8)
To protect the value of real property.
(9)
To minimize the total amount of disturbance on the site.
(10)
To preserve open space areas for active and passive recreational
use, including the provision of neighborhood parks and trails.
(11)
To encourage the provision of diverse housing opportunities
especially housing that is affordable to Town residents and the integration
of a variety of housing types.
(12)
To further the goals and policies of the Growth Management Master
Plan and Open Space and Recreation Plan.
A.
The development of a multi-lot residential property may be undertaken
utilizing the alternative OSRD standards of § 375-11 only
upon the issuance of a special permit, and regardless of whether the
development is in accordance with a Subdivision Plan or an Approval
Not Required Plan. No multi-use development, whether including commercial
uses, industrial uses or otherwise, is eligible for an OSRD special
permit.
B.
The Planning Board shall be the Special Permit Granting Authority
for all OSRD special permits.
C.
In exercising its discretion whether to grant a special permit for an OSRD Plan, the Planning Board shall take into consideration the following criteria, which criteria the applicant should endeavor to incorporate into the pre-submission process of § 375-11.4:
(1)
Whether the applicant has adequately inventoried and identified
sensitive and noteworthy natural, scenic and man-made features, and
whether the applicant has sufficiently determined and explained the
significance of such features and their value to the neighborhood
and the Town.
(2)
Whether the OSRD Plan is beneficial to the neighborhood and
the Town, preserving, protecting or promoting sensitive or noteworthy
natural, scenic or man-made features.
(3)
Whether the OSRD Plan will facilitate connections to new or
existing pedestrian or bicycle trails and access.
(4)
Whether the OSRD Plan contains open space that abuts or connects
to existing protected, preserved or restricted open space.
(5)
Whether the OSRD Plan contains open space that is inclusive
of the most sensitive and noteworthy natural, scenic and man-made
features.
(6)
Whether the OSRD Plan will ensure that the development of building
sites, streets, parking areas, paths and other improvements enhance
the open space and are consistent with the Town's historical development
patterns, the Town's Growth Management Master Plan and Open Space
Plan, or the published development policies of the Planning Board.
(7)
Whether it is in the public interest for development to occur
pursuant to the OSRD Plan rather than the draft conventional plan.
(8)
Whether, and the extent to which, the OSRD Plan will satisfy
or promote one or more of the purposes as described in § 375-11.lB.
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.
A.
Pre-submission development and review of OSRD plans. Prior to the
submission of a special permit application, the applicant must undergo
a conceptual development and review of both the draft OSRD Plan and
the concurrent draft conventional plan.
(1)
The pre-submission conceptual development and review shall be
undertaken in coordination with staff for the Planning Board, as well
as with staff for the Conservation Commission, Board of Health and
Building Department to the extent that such staff indicates an interest
in doing so. Any special permit application that is submitted without
complying with this pre-application process shall be rejected by staff
for the Planning Board as being incomplete.
(2)
For OSRD Subdivision Plans, after completing the staff review
in accordance with Paragraph A, applicants additionally are highly
encouraged to utilize the preliminary plan process under the Planning
Board's Subdivision Regulations in order to obtain Planning Board
input, regarding both the draft OSRD Plan and the draft conventional
plan, as early as possible and prior to submission of the special
permit application.
(3)
Both the draft OSRD plan and the draft conventional plan shall
be prepared by a multidisciplinary team of professionals, including
a registered professional engineer and a landscape architect
B.
OSRD plan criteria. The draft OSRD Plan shall be prepared in accordance
with the following:
(1)
Identify all abutting restricted open space and the open space
administrator thereof;
(2)
Identify proposed open space parcels;
(3)
Such other drafting requirements as may be determined by the
Planning Board through its promulgation of regulations as the Special
Permit Granting Authority; and
(4)
In the case of OSRD Subdivision Plans, compliance with the requirements
of the Subdivision Regulations of the Planning Board with respect
to preliminary plans.
(5)
The Planning Board may designate a housing unit for a resident
farmer for any OSRD plan that has a significant agricultural open
space component.
C.
Conventional plan criteria. The draft conventional plan shall be
prepared in accordance with the following:
(1)
The number of lots for residential development that are shown
on the plan shall not exceed what would be allowed under the density
and design standards of the Zoning Bylaw without obtaining any special
permits or variances. Additionally, for this purpose, existing and
proposed utility and other easements shall not be considered buildable
uplands.
(2)
The number of lots for residential development that are shown
on the plan shall not exceed what would be allowed under the Planning
Board's Subdivision Regulations without obtaining any waivers.
(3)
The number of lots for residential development that are shown
on the plan shall not exceed what would be allowed under the regulations
of the Board of Health and the requirements of 310 CMR 15.00 (Title
5) without obtaining any waiver or variance.
(4)
The number of lots for residential development that are shown on the plan shall not exceed what would be allowed under Chapter 313 of the General Bylaws and the regulations that are promulgated by the Board of Public Works pursuant thereto.
(5)
The number of lots for residential development that are shown
on the plan shall not exceed what would be allowed under the Wetlands
Protection Act[1] and the regulations of the Department of Environmental Protection that are promulgated pursuant thereto, or what would be allowed under Chapter 360 of the General Bylaws and the regulations of the Conservation Commission that are promulgated pursuant thereto. Notwithstanding, additionally no alteration of coastal marshes is allowed, and no more than 5,000 square feet of bordering vegetated wetlands may be altered only if it is necessary in order to provide access to the site from an existing primary road.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
(6)
The number of lots for residential development that are shown
on the plan shall not exceed what would be allowed under any other
applicable statutory, regulatory or bylaw standard.
(7)
Such other drafting requirements as may be determined by the
Planning Board through its promulgation of regulations as the Special
Permit Granting Authority.
(8)
In the case of draft conventional subdivision plans, compliance
with the requirements of the Subdivision Regulations of the Planning
Board with respect to preliminary plans.
A.
Concurrent applications. In accordance with Massachusetts General
Laws, Chapter 40A, Section 11, the application for a special permit
for an OSRD Subdivision Plan may be filed and heard concurrent with
the petition for approval of said Plan under the Subdivision Control
Law.
A.
OSRD ANR plans. Notwithstanding the minimum dimensional requirements
of the underlying zoning district or overlay zoning district, residential
development with the following alternative minimum dimensional requirements
may be allowed by the Board in its discretion in approving an OSRD
ANR Plan:
|
Municipal Sewer
|
Municipal Water
|
Type of Residential Dwelling
|
Minimum Lot Area
|
Minimum Contiguous Upland
|
Lot Frontage
|
Non- Street Setbacks for Structures
|
Setbacks for Driveways and Parking Spaces
|
|---|---|---|---|---|---|---|---|
|
No
|
No
|
Single-Family
|
40,000 s.f.
|
32,000 s.f.
|
100'
|
10'
|
5'
|
|
No
|
Yes
|
Single-Family
|
30,000 s.f.
|
24,000 s.f.
|
100'
|
10'
|
5'
|
|
Yes
|
No
|
Single-Family
|
30,000 s.f.
|
24,000 s.f.
|
100'
|
10'
|
5'
|
|
Yes
|
Yes
|
Single-Family
|
10,000 s.f.
|
10,000 s.f.
|
100'
|
10'
|
5'
|
|
Yes
|
Yes
|
Two-Family, General Residence District Only
|
15,000 s.f.
|
15,000 s.f.
|
100'
|
10'
|
5'
|
B.
OSRD subdivision plans. The Planning Board, in its discretion in
approving an OSRD Subdivision Plan, may modify the minimum dimensional
requirements of the underlying zoning district or overlay zoning district
for individual lots with respect to lot area, lot shape, frontage,
setbacks, lot coverage, driveways and parking; provided, that the
total lot coverage for all residential lots and open space parcels
shall not exceed the lot coverage that is allowed in the underlying
zoning district or overlay zoning district.
C.
All dimensional and other zoning requirements of the underlying zoning
district or overlay zoning district that are not otherwise listed
in Paragraphs A and B shall continue to apply to OSRD ANR Plans and
OSRD Subdivision Plans, respectively.
D.
Any decision of the Planning Board approving a special permit for
an OSRD Plan shall state with specificity the alternative dimensions
that were approved in place of the requirements of the underlying
zoning district or overlay zoning district.
A.
Open space.
(1)
Open space shall be designed to protect valuable natural and
cultural environments such as agricultural land, forestland, significant
trees, wildlife habitat, open fields, stonewalls, structures deemed
valuable (architectural or historical significance) by the Planning
Board, scenic views, wetland resources, waterbodies and shorelines,
archeological and historic sites. The most recent Open Space and Recreation
Plan or Master Plan will be referred to for guidance in determining
valuable natural environments. Priority should be given to locating
open space along existing roads. To improve the quality of open spaces
or screen abutting properties planted buffers may be required.
(2)
Open space shall be planned as large, contiguous areas whenever
possible. Long thin strips or narrow areas of open space (less than
100 feet wide) shall occur only when necessary for access, at the
perimeter of the site, or as connections between open space areas.
Open space may be considered connected if it is separated by roadway
or community facility.
(3)
Where a proposed development abuts land held for conservation
purposes, the development shall be configured to minimize adverse
impacts to abutting conservation land, and provide for the most contiguous
arrangement of open space with abutting conservation land. New trail
connections should be provided to existing or future recreation or
trail facilities, where possible.
(4)
The maximum number of lots compatible with good design shall
benefit from the open space and all lots shall have reasonable physical
and visual access to the open space through roads, sidewalks or paths.
(5)
A minimum of 50% of the entire parcel shown on the OSRD Plan
shall be open space. A minimum of 25% of the entire parcel shall also
be contiguous open space. For an ANR OSRD Plan, all of the land not
set aside for the maximum number of lots shall be open space. Any
proposed open space shall be subject to a recorded conservation restriction
enforceable by the Town, providing that such land shall be kept in
an open state, that it shall be preserved for conservation, historic
preservation, outdoor education, recreation, park purposes, agriculture,
horticulture, forestry, or for a combination of these purposes, and
that it shall be maintained in a manner which will ensure its suitability
for its intended purposes.
(6)
The open space shall remain unbuilt upon, provided that with
approval of the Planning Board up to 5% of such open space may be
built upon for structures accessory to the dedicated open space use(s)
approved by the Planning Board. Examples of accessory structures would
be agricultural sheds and buildings for agricultural uses, outdoor
game courts, pool houses (equipment and changing rooms), swimming
pools, maintenance buildings for storage of mowers, a club house for
a golf course, etc. The Planning Board may designate all or portions
of the open space as a "no build" zone.
(7)
Underground utilities to serve the OSRD site may be located
within the open space if in the opinion of the Planning Board such
utilities do not detract from the intended use of the open space.
(8)
Areas used for detention and drainage improvement facilities
shall not be counted towards minimum required open space calculation
percentage (%).
(9)
Existing and proposed utility easements and other easements
placed on the property prior to OSRD Subdivision submittal shall not
be counted towards the minimum open space requirements.
(10)
Physical markers or barriers (such as planted trees, fences,
monuments) to define open space areas from active use or residential
areas may be required. Signs may be required to identify trails, public
areas, or use areas.
(11)
A management plan may be required by the Planning Board that
describes how existing woods, fields, meadows, or other natural areas
shall be maintained in accordance with good conservation or agricultural
practices. The management plan may also include how stonewalls or
other structures will be maintained. Nothing shall require the Planning
Board to limit the reach and scope of the management plan to only
the designated open space areas.
B.
Roads. The principle roadway(s) serving the site shall be designed
in accordance with the Planning Board's Subdivision Regulations including
the proposal for waivers. Private ways shall be adequate for the intended
use and vehicular traffic, and shall be maintained by an association
of unit owners or by the applicant. If roadways are ultimately intended
for acceptance by the Town of Dartmouth, the Planning Board shall
refer to the Department of Public Works (DPW) for minimum design standards
necessary for acceptance by the DPW. This subsection does not apply
to OSRD ANR Plans.
C.
Lots. If lots are proposed, each lot shall be of a size and shape
to provide a building site which shall be in harmony with the natural
terrain and features of the site, as well as other building sites
within the development. All lots shall be provided with adequate access
as determined by the Planning Board. Approval of lots by the Planning
Board does not assure or imply lots are buildable under Board of Health
Regulations.
D.
Pedestrian circulation. Pedestrian circulation shall be considered
in the design of the OSRD site. Depending on the size of the proposed
development or the need for pedestrian connections, the Planning Board
may require pedestrian walkways, trails, or bike paths. Pedestrian
circulation shall be designed with respect to topography, integration
with surrounding streets, connection to existing or future pedestrian
ways, interior circulation and the separation of pedestrians from
vehicles. The Planning Board may require pedestrian sidewalks and
bike paths to be paved. If the pedestrian ways are on private land
and the public will be allowed to use them, access easements shall
be provided.
E.
Driveways. Driveways may be regulated by the Planning Board, including
number, width, location and the requirement for common driveways.
Common driveways will generally be required on busy roads to limit
curb cuts in order to reduce traffic conflict or to limit site disturbance.
Where common driveways are utilized, covenants running with the land
shall be executed by the developer to guarantee future maintenance
by subsequent owners.
F.
Parking. Each dwelling unit shall be served by at least four off-street
parking spaces. Parking spaces in or in front of garages may count
in this computation. The Planning Board may reduce or increase the
required number of parking spaces for dwelling units other than single
or two family dwelling units. If the Planning Board reduces the number
of parking spaces, an area for the reduced number of spaces has to
be provided on the site. The Planning Board shall review all parking
spaces for proximity to uses served by the parking spaces. The Planning
Board may require parking spaces to be paved, or large parking areas
to be screened.
G.
Types of buildings.
(1)
Subject to § 375-11.7G(3), OSRD Subdivision Plans may consist of any combination of single-family, two-family and multi-family residential structures, so long as the total number of units does not exceed the maximum number calculated in accordance with§ 375-11.38. OSRD ANR Plans may consist solely of single-family residential structures, and two-family residential structures to the extent allowed by the underlying zoning district, and limited by said maximum number.
(2)
A multi-family structure shall not contain more than four dwelling
units. The architecture of all multi-family buildings shall be consistent
with the residential character of the neighborhood, particularly providing
gabled roofs, predominately wood siding, or use of siding materials
which have the appearance of wood shingles or clapboards, an articulated
footprint and varied facades. The front facade of multi-family buildings
shall face roadways and not parking lots, unless the Planning Board
approves a different orientation for passive solar design.
(3)
The Planning Board may allow multi-family dwellings upon its
determination that such multi-family dwellings are appropriate to
the neighborhood or that such structures are the best option to preserve
open space.
H.
Lighting. The Planning Board may require lighting of streets, intersections,
pedestrian circulation, parking areas, or areas around multi-family
dwellings. All lighting shall be shielded to prevent glare to abutting
properties and adjacent streets.
I.
Historic features. The removal of historic buildings, structures or stonework shall be minimized insofar as practicable where these exist on the site and such removal shall not occur if doing so would violate the provisions of §§ 315-12 and 315-13 or any historic preservation restriction. Where stonewalls are proposed to be removed to accommodate the proposed development, they shall be re-built elsewhere in the OSRD site. Replacement stonewalls shall be equivalent in style and equal to the linear feet removed. Where these historic uses are found on adjacent properties, development of the OSRD site shall minimize visual and physical disturbance to these historic uses.
J.
Drainage.
(1)
OSRD subdivision plans. Stormwater management shall be in accordance
with the requirements of for subdivisions as set forth in the Subdivision
Regulations of the Planning Board. The use of non-structural stormwater
management techniques may be proposed, such as shall grass-lined swales
and overland flow that reduce impervious surfaces and promote infiltration
where appropriate.
A.
Ownership options.
(1)
The developer shall propose (subject to approval by the Planning
Board), any one of the following ways to protect the open space(s):
(a)
Conveyance to the Town of Dartmouth, subject to acceptance by
the Town for park or open space use.
(b)
Conveyance to a non-profit organization, the principal purpose
of which is the conservation or preservation of open space, and concurrently
placed under development restriction in accordance with § 375-11.B(1)(a)-(d).
The Planning Board, from time to time, shall publish a list of such
non-profit organizations that are acceptable for this purpose. Any
recorded deed or other instrument effectuating this conveyance shall
include a provision granting the Town of Dartmouth a right of first
refusal to obtain the open space for parks, outdoor recreation, conservation
and other open space purposes in the event that the nonprofit organization
ceases to exist or ceases to hold the open space for conservation/preservation
purposes, and further allowing the Town of Dartmouth to assign this
right to another conservation non-profit organization; provided, that
when the nonprofit organization ceases to exist due merely to corporate
name change or merger with another conservation nonprofit organization,
then the Planning Board may determine in its discretion whether the
successor in interest can continue to own the open space without triggering
this right of first refusal.
(c)
Conveyance to a corporation or trust owned, or to be owned, by the owners of lots or residential units within the development (i.e. " homeowners association") and concurrently placed under development restriction in accordance with § 375-11.8B(1). If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units. Documents creating such trust or corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded.
(2)
Changes regarding custody of the open space are subject to prior
approval by the Planning Board.
B.
Open space restriction.
(1)
Whenever the ownership of the open space is conveyed in accordance with either§ 375-11.8A(1)(b) or§ 375-11A(1)(c), the development of the open space additionally shall be placed under development restriction, which development restriction shall be effectuated in the following manner:
(a)
If the open space abuts land that is held, whether in fee or by restriction, for conservation/preservation purposes by a nonprofit organization from the published list as provided in§ 375-11.8A(1)(b), then a conservation restriction or agricultural preservation restriction shall be offered to and thereafter conveyed to said non-profit organization.
(b)
If the abutting nonprofit organization declines in writing to
accept the conservation restriction or agricultural preservation restriction,
or if there is no such abutting non-profit organization, then a conservation
restriction shall be offered to and thereafter conveyed to the Town
of Dartmouth, acting by and through its Conservation Commission, except
when all or a portion of the open space is intended for active agricultural
use.
(c)
If the Dartmouth Conservation Commission declines in writing
to accept the conservation restriction, or if all or a portion of
the open space is intended for active agricultural use, then a conservation
restriction or agricultural preservation restriction shall be offered
to and thereafter conveyed to the Town of Dart mouth, acting by and
through its Select Board.
(d)
If the Town of Dartmouth, acting by and through its Select Board, declines in writing to accept the conservation restriction or agricultural preservation restriction, then a conservation restriction or agricultural preservation restriction shall be offered to and thereafter conveyed to a non-profit organization from the published list as provided in § 375-11.8A(1)(b).
(e)
In the case only when a homeowners association owns the open space, if all non-profit organizations on the published list as provided in § 375-11.8A(1)(b) decline in writing to accept the conservation restriction or agricultural preservation restriction, then the homeowners association may enter into a restrictive covenant with the Planning Board that will limit and control the uses of the open space, and which restrictive covenant, including its execution, recording and continued existence, shall be a condition of the OSRD special permit.
(2)
The conservation restriction, agricultural restriction or restrictive
covenant that is placed on the open space, as well as the declaration
of trust for any homeowners association, are subject to prior approval
by the Planning Board before being recorded.
(3)
The conservation restriction, agricultural restriction or restrictive
covenant shall contain the following provisions:
(a)
Such terms as will ensure that the open space are kept in an
open or natural state and not built upon for residential use or otherwise
developed for accessory uses such as parking or roadways except as
allowed in the special permit decision.
(b)
Such terms as will allow for the periodic inspection of the
open space by the Town or by the conservation non-profit organization
holding the restriction.
(c)
Such terms as will grant the Town or the conservation non-profit
organization holding the restriction the right to enter onto the open
space in order to prevent or abate any nuisance thereon and ensure
the maintenance and continuation of the open space as conservation
or recreation land whenever the fee owner of the open space fails
to do so.
(d)
Such terms as will ensure that the Town or the conservation non-profit organization holding the restriction are entitled to recovery and reimbursement of all costs, including attorney's fees, that are incurred in exercising the authority specified in § 375-11.8B(3)(c), including, without limitation, through assessment, attachment or placement of a lien upon the fee owner(s) of the open space and of any individual lots or units within the development.
(e)
Such terms as will ensure that none of the provisions that are
included pursuant to § 375-11B(3) are subject to future
amendment, revision, deletion or contradiction by additional terms.
(f)
Such terms as will ensure that the open space is available for
use by the public, to the extent required by the Planning Board in
its discretion in approving the special permit.
(4)
The declaration of trust for the homeowners association shall include the identical terms as included in the restrictive covenant with respect to the requirements of § 375-11.8B(3).
(5)
The use of any remedy, authority or right by the Town under
and pursuant to the conservation restriction, agricultural preservation
restriction or restrictive covenant (and homeowners association declaration
of trust) shall be in addition to, and shall not preclude separately,
any zoning enforcement for violation of the Zoning Bylaw or the terms,
conditions or requirements of the special permit decision.
C.
Encumbrances. All areas to be set aside as open space shall be conveyed
free of any mortgage interest, security interest, liens or other encumbrances.
D.
No interference with open space usage. Encroachment by abutters,
including individual unit and lot owners within the OSRD development,
onto the open space is prohibited except as explicitly provided in
the special permit decision. During construction of the OSRD development,
open space shall not be used for construction staging areas or for
stage of construction materials. The open space shall always be used
solely for the purposes approved under the special permit decision.
E.
Monumentation. Where the boundaries of the open space are not readily
observable in the field, the Planning Board may require placement
of surveyed bounds sufficient to identify the location of the open
space.
F.
Timing of open space conveyances.
(1)
The conveyance in fee of the open space to the Town, to a conservation nonprofit organization from the published list as provided in § 375-11.8A(1)(b) or to the homeowners association, as well as the declaration of trust for the homeowners association, if applicable, shall be executed and recorded concurrently with the recording of the OSRD Subdivision Plan or OSRD ANR Plan.
(2)
Whenever a restrictive covenant is to be imposed upon the open space in accordance with § 375-11.8B(1)(e), such covenant shall be executed and recorded concurrently with the recording of the OSRD Subdivision Plan or OSRD ANR Plan.
(3)
Whenever a conservation restriction or agricultural preservation
restriction is to be imposed upon the open space in accordance with
§ 375-11.8B(1)(a)-(d), such restriction shall be executed
and recorded prior to the issuance of any building permit, or the
release of any lot, for the OSRD development, and prior to the sale
of any portion of the OSRD development that constitutes less than
the entirety of the land that is subject to the OSRD special permit.
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.
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.
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.
Shall mean a residential development plan that requires an
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.
Shall mean an OSRD Plan that requires approval by the Planning
Board as a subdivision under the Subdivision Control Law.
Shall mean Massachusetts General Laws, Chapter 41, Sections
81K through 81GG.
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).
