[Amended 6-13-2016 ATM]
In order to provide for the public interest by the preservation
of open space in perpetuity, variations in residential housing development
patterns which allow for development more harmonious with natural
features and Town growth policies than traditional residential development,
to promote the maximum possible protection of open space, visual quality
and aquifer and other natural resource protection, and to encourage
efficient provision of necessary utilities and community services,
the following regulations are established for open space preservation
development (OSPD) within the Town of Wrentham. In making any and
all determinations under this bylaw, the Planning Board shall always
compare the impact of an open space development with potential conventional
development, and may approve open space development only if the proposal
is superior to a conventional development.
Open space preservation development shall be allowed in all
districts, subject to the requirements of this bylaw for such district,
and in accordance with the additional requirements specified herein.
A.
Any parcel of land located within a zone permitting OSPD containing
eight acres or more may be considered for an OSPD, subject to a special
permit issued by the Planning Board.
B.
After an OSPD application has been submitted, no utility installation,
no ditching, no grading of land or lots, no excavation except for
purposes of soil testing, no dredging or filling, and no construction
of buildings or structures shall be done on any part of the development
site until the application has been reviewed and approved as provided
by these regulations.
C.
No OSPD will be approved within an established single-family residential
neighborhood if the Planning Board determines that such land use would
have a detrimental effect upon the surrounding property.
D.
It shall be the responsibility of the applicant for an OSPD special
permit to demonstrate to the Planning Board that this form of land
development will be as or more appropriate than conventional patterns
of residential subdivision development for the particular site being
considered.
E.
All dwellings to be built on the site shall be located at least 500
feet from any public ways in existence at the time of submission of
the OSPD proposal to the Planning Board. This distance may be reduced
by the Planning Board.
A.
Density. The total area of the tract proposed for OSPD shall be at
least eight acres. The total number of lots that would be normally
allowed under a conventional subdivision for the zoning district in
which the site is located. The maximum number of lots possible shall
be determined by the layout of a preliminary sketch plan showing the
total number of lots which could be obtained by utilizing a conventional
grid subdivision. The burden of proof shall be upon the applicant.
The required minimum tract area, as well as the calculation of the
number of lots allowed by a conventional grid subdivision, as specified
above shall be exclusive of:
B.
Reduction of dimensional requirements. The Planning Board may grant
a reduction in the dimensional requirements of the underlying zoning
regulations for all portions of an OSPD, if the Planning Board finds
that such reduction will result in better design, improved protection
of natural and scenic resources, and will otherwise comply with these
regulations, provided that the percentage of the reduction in minimum
lot size and street frontage requirements allowed under this bylaw
shall not be greater than an amount equal to the percentage of the
total OSPD which is to be set aside for common open space times 1.1.
(Explanation: If 30% of the land area is to be set aside for common
open space, the Planning Board may grant up to a 33% reduction in
the minimum lot size and street frontage requirements.) In no instance
shall any lot deviate from the following Table of Minimum Requirements:
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Table of Minimum Requirements
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|---|---|
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Minimum area*
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22,000 square feet
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Minimum frontage
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55 feet
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Minimum front yard setback**
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25 feet
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Minimum side yard setback**
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15 feet
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Minimum rear yard setback**
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8 feet
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*
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Exclusive of any land within the Watershed Protection District.
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**
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Reduction in the common open space setback requirement set forth in § 390-17.6B(6) shall not be permitted.
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C.
Development standards. Prior to the issuance of a special permit
for an OSPD, the Planning Board shall find, and the applicant shall
submit the information necessary to demonstrate that the following
standards have been met:
(1)
The development will not cause unreasonable traffic congestion
or unsafe conditions both within and outside of the development and
will comply with Town standards for parking, access, road design and
construction.
(2)
The development will provide for and maintain convenient and
safe emergency vehicle access to all buildings and structures at all
times.
(3)
The nature of the soils and subsoils shall be suited for the
intended purposes. This determination shall focus upon, but shall
not be limited to, the locations, design and construction of roadways,
buildings, septic systems, and surface water drainage systems. Soil
borings or test pits shall be made to provide information on soil
texture, color, percolation rates and depth to the groundwater table
at its maximum elevation.
(4)
Anticipated stormwater runoff from the site shall not exceed
peak runoff from the site prior to development. The applicant shall
submit formal drainage calculations by a registered professional engineer
for this purpose.
(5)
Proper soil erosion and sedimentation control measures shall
be employed to minimize sedimentation and siltation of existing surface
water bodies and wetlands. In areas where the land slopes downward
towards any surface water body, or freshwater wetland, proposed filling,
cutting, clearing or grading shall be minimized, and all such development
activities shall be carried out in such a way as to retain the natural
vegetation and topography wherever possible. The Planning Board may
require that an erosion and sedimentation control plan be submitted
if significant erosion is anticipated in slope areas.
(6)
The site design shall preserve and, where possible, enhance
the natural features of the property, including scenic views, by adapting
the location and placement of structures and ways to the existing
topography in order to minimize the amount of soil removal, tree cutting
and general disturbance to the landscape and surrounding properties.
(7)
All streets, sewers, water lines, drainage facilities and utilities shall be designed and constructed in compliance with the Rules and Regulations Governing the Subdivision of Land in Wrentham, Massachusetts, and any other land use regulations of Wrentham in effect at the time of application, insofar as they are apt. Special exceptions to the subdivision regulations may be authorized by the Planning Board in granting a special permit hereunder, provided the Board determines such exceptions are in the public interest and are not inconsistent with the purposes of § 390-17.1.
A.
Within an OSPD, no less than five acres, nor less than 30% of the
total land area, shall be devoted to common open space. The common
open space shall not include land set aside for roads and/or parking
uses. No more than 50% of the common open space may contain land considered
as wetland resource areas, other than isolated lands subject to flooding
as defined in any regulations promulgated by the Department of Environmental
Protection pursuant to MGL c. 131, § 40, as such regulations
or statute may from time to time be amended.
B.
The common open space shall be designed and maintained in accordance
with the following standards:
(1)
Naturally existing woods, fields, meadows and wetlands shall
be maintained and improved.
(2)
Common open space shall be planned as large, contiguous parcels
whenever possible. Strips or narrow parcels of common open space shall
be permitted only when necessary for access or as vegetated buffers
along the site's perimeter.
(3)
Common open space may be in more than one parcel, provided that
the size, shape and location of such parcels are suitable for the
designated uses.
(4)
No more than 10% of the common open space shall be covered by
man-made impervious surfaces.
(5)
Common open space may be used for passive recreation, conservation,
forestry, agriculture, natural buffers, structures necessary to approved
uses, utilities and other facilities necessary for the convenience
and enjoyment of the residents, subject to approval by the Planning
Board. Up to 25% of the common open space may be developed for active
recreation.
(6)
There shall be a minimum setback of 50 feet between any common
open space and all structures and/or property lines of the site.
A.
Common open space in an OSPD shall be conveyed to: 1) the Town of
Wrentham for park or open space use; 2) a nonprofit corporation, the
principal purpose of which is the conservation of open space; or 3)
a corporation or trust owned or to be owned by the owners of lots
within the development. It shall be the Planning Board's decision
as to which of the above ownership options shall be used. If a corporation
or trust owned by the owners of lots is utilized, ownership thereof
shall pass with the conveyance of the lots. In any case, where such
land is not conveyed to the Town, a perpetual restriction, running
to and enforceable by the Town, shall be recorded, provided that such
land shall be retained in perpetuity in an open and natural state
and shall not be built upon for residential use or developed for accessory
uses such as parking or roadways.
B.
If the common open space is not to be conveyed to the Town, then
the applicant shall include as part of the road covenant a provision
that the common open space will be deeded as approved by the Planning
Board. In addition, the lots shall not be released until proof of
transfer of ownership has been provided to the Planning Board.
C.
If the common open space is not to be conveyed to the Town, the application
for an OSPD special permit must include a description of how and when
the common open space will be preserved in perpetuity to standards
satisfactory to the Planning Board and Town Counsel. The applicant
shall also provide as part of the common open space proposal an agreement
empowering the Town to perform maintenance of the common open space
in the event of failure to comply with the program included in the
application pursuant to the preceding sentence, provided that, if
the Town is required to perform any maintenance work, the owners of
lots within the OSPD shall pay the cost thereof and that the cost
shall constitute a lien upon their properties until said cost has
been paid. The Conservation Commission shall act as the Town's land
manager in overseeing the management of the common open space land.
D.
Forms of all documents necessary to convey or restrict the common
open space shall be submitted to the Planning Board for approval prior
to the close of the public hearing. Failure to provide forms satisfactory
to the Planning Board and Town Counsel shall be grounds for denial
of the permit.
A.
All applications for OSPD shall be submitted with the following plans:
(1)
Overall development plan for the entire OSPD and showing all surrounding land within 150 feet of the boundaries of the tract, all man-made features, lot lines, zoning boundaries, vegetative cover, wetlands, soil characteristics and existing topography, together with the layout of the proposed development concept, including buildings, parking areas, roadways, landscaping, common open space, wetland resource areas as defined by the regulations (310 CMR 10.00) promulgated pursuant to the Wetlands Protection Act (MGL c. 131, § 40) and Article V of this Zoning Bylaw, the extent of land located in Zone A of the Flood Insurance Rate Maps (FIRM) of the Town of Wrentham, the proposed number of dwelling units and the number of bedroom/dens in each unit, and anticipated development phases.
(2)
Architectural plan(s). Typical floor plans and architectural
elevations of the proposed dwelling units and artist's rendering of
the proposed structures.
(3)
Landscaping plan(s). Typical landscaping plans for all buffer
areas and disturbed areas and a detailed planting plan for the site.
(4)
Plans equivalent to conventional preliminary subdivision in
conformity with the requirements and procedures for submission and
review under the Rules and Regulations Governing the Subdivision of
Land in Wrentham, and as required by MGL c. 40A, § 9 for
special permit applications.
(5)
The applicant shall provide the Board with a .pdf version of
the plan and other application submittals and reports by email, compact
disc or thumb drive.
B.
All applications for a special permit under this section shall be
referred by the Planning Board to the Board of Health, Department
of Public Works and Conservation Commission for their review and comments
within 14 days after their submission to the Planning Board. Such
departments and boards shall make their recommendations and send copies
thereof to the Planning Board and the applicant within 35 days of
receipt of the referral request by the Planning Board or there shall
be deemed no opposition or desire to comment. The Planning Board shall
not act upon said special permit until either comments from the referred
departments and boards have been received, or said 35 days have elapsed,
whichever is sooner.
