A.
As provided in § 300-11.4 of the Zoning Bylaw, open space must be preserved as a condition for most residential developments. The Zoning Bylaw provides:
(1)
Open space in larger tracts will be preferred, as will open space contiguous with other already preserved open space. Open space shall not have a width of less than 100 feet. Except land reserved as public parkland or playgrounds in the PD and R10 Zones, no parcel smaller than two acres that is not contiguous with such other open space may be counted as part of the required open space in projects larger than 10 acres. (§ 300-11.4A)
(2)
The open space should protect valuable natural and cultural elements including water bodies, streams, wetland buffers, unfragmented forest, wildlife habitat, open fields, scenic views, trails, stone walls, archeological sites, and to avoid development in hazardous areas such as floodplains and on steep slopes. In areas where public sewage disposal is not available, consideration shall be given to the suitability of soils for on-site disposal systems both within and outside the protected open space. Particular consideration will be given to land that expands land that is already protected or which is recommended for protection under the Town Master Plan or Open Space and Recreation Plan, or will tend to expand or complete wildlife or recreational corridors between such parcels. (§ 300-11.4B)
(3)
The Board considers the determination of the exact amount of open space to be preserved as well as its location are matters for discussion and negotiation. The Board will endeavor to understand the developer's position in these matters. The Board, however, has no right to allow a lesser amount of open space than required by the Zoning Bylaw and any proposal to do so will be rejected.
B.
Area of open space. The proportion of a tract that is to be preserved as stated in the Zoning Bylaw and these regulations will be considered as the minimum open space which must be protected. In some cases, because of specific features of a site, it may be appropriate to preserve more open space than the minimum.
C.
To conform to the requirements of § 300-11.1A of the Zoning Bylaw:
(1)
In the R80 and C2 Zones, not less than 17% of the total tract area that is not wetlands-related area shall be included in the open space.
(2)
In the R40 Zone, not less than 8% of the total tract area that is not wetlands-related area shall be included in the open space.
(3)
In the R10 and PD Zones, not less than 10% of the total tract area that is not wetlands-related area shall be included in the open space.
(4)
The term "wetlands-related area" used in the preceding three subsections shall include streams, ponds, vegetated wetlands as defined by law and vernal pools.
D.
Locating the required open space. In its evaluation of which land in a proposed development should best be preserved, the Board will also consider:
(1)
The land that will best be used as building sites because of its location, its accessibility, the relative ease of development, and viewscapes both from and to the property.
(2)
Land that may return an economic benefit to its owner should probably be kept in private hands subject to an appropriate easement rather than being transferred to the Town or a conservation entity for whom it will have little value.
(3)
Open space should be dedicated to its highest and best use within the confines of its being kept undeveloped. This may be agriculture. Land well suited for agricultural purposes should probably be included in the open space. Land that was once tillage or pasture land but has been allowed to revert to woods should be considered for preservation. The question of suitability of land for agricultural purposes may be referred to the Winchendon Agricultural Commission for its opinion.
(4)
It may be advantageous to include protected open space and developable land in a single parcel if such a combined parcel will have greater value for agricultural or commercial recreational uses. A community center combined with protected open recreational space to be owned by a homeowners' association will be considered. The addition of protected open space to an individual house lot simply to produce a larger lot for strictly residential purposes will not be allowed.
(5)
The availability of access to open space will be a consideration in its selection.
(6)
Generally commercial forestry or woodlot uses should be allowed on conserved open space. Such uses should be in accordance with best management practices for long-term open space preservation. Particular efforts shall be made to preserve rare plant species. Winchendon is not particularly interested in preserving land as "wilderness."
(7)
Hiking, hunting, fishing, and other similar outdoor activities should be encouraged in land preserved for conservation purposes. A commitment not to restrict public access for such uses will be viewed favorably.
(8)
In considering land for recreational uses, the Board will look at the whole proposal to see that the proposal will ensure that development will not encroach on the space that should remain open and undeveloped. In the case of land proposed for commercial recreation, attention will be given to the economic viability of the proposal.
(9)
Land that is particularly steep, rough, has substantial ledge, or numerous large boulders may better be included in the preserved open space.