[HISTORY: Adopted by the Planning Board of the Town of Ashburnham
9-2004; as amended 9-14-2006.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning Bylaw: Open Space Residential Development — See Ch. 250, Sec. 5.10.
A.
The Planning Board may grant a special permit for an "open space residential development" (OSRD) in accordance with Chapter 250, Section 5.10, of the Ashburnham Zoning Bylaw on one or more parcels of land in common ownership, except for parcels located in the Floodplain District. The OSRD may consist of any combination of single-family and two-family structures in which the buildings are clustered together in one or more groups in accordance with this bylaw. The land not included in the building lots shall be preserved as open space.
B.
The Planning Board's decision to grant a special permit for an OSRD depends on the circumstances and conditions peculiar to each application. The decision of the Planning Board will be based upon what it considers to be the best interests of the neighborhood and the Town in general, and shall meet the purpose of an OSRD as outlined in Chapter 250, § 5.10.2, of the Ashburnham Zoning Bylaw.
C.
The applicant is encouraged to request a meeting to review a conceptual
OSRD plan before a formal filing of an OSRD application.
A.
When the Planning Board acts as a special permit granting authority,
the SPGA shall consist of the five Planning Board members and the
officers of the Planning Board shall fill the same positions with
the SPGA as they occupy as Planning Board members. The Chairperson
shall preside over all hearings, subject to the rules as stated herein,
and shall decide all points of order unless overruled by a majority
of the Planning Board in session at the time. The Chairperson shall
appoint such committees as may be deemed necessary or desirable from
time to time. The Chairperson shall handle all correspondence of the
Planning Board, the sending of all notices required by law and the
rules and orders of the Planning Board and shall receive and scrutinize
all petitions and applications for compliance with the rules of the
Planning Board.
B.
A quorum for the purpose of conducting public hearings and transacting
other business pertaining to special permits shall consist of four
members.
C.
Hearings of the Planning Board shall be held at the time and place
specified in the hearing notice.
The following steps are required by MGL c. 40A, § 9
for the issuance of a special permit:
A.
The applicant must file the application with the Town Clerk (the
date of such filing is hereafter referred to as the "filing date");
B.
The applicant must file a copy of the application (showing the date
and time of filing as certified by the Town Clerk) with the Planning
Board;
C.
The Planning Board must post a notice of public hearing; have the
notice published in the newspaper; and mail the notice to parties
in interest as defined by MGL c. 40A, § 11;
D.
The Planning Board must hold a public hearing within 65 days from
the date of filing of the application with the Town Clerk, unless
the applicant and the Planning Board agree in writing to an extension;
E.
Within 90 days after the close of the public hearing, the Planning
Board must make a decision, file it with the Town Clerk, and notify
the parties in interest;
A.
The applicant shall submit eight copies of an "Application for Open
Space Residential Development."
B.
Two copies, 24 inches by 36 inches, and 16 copies, 11 inches by 17
inches, of a site plan prepared by a professional engineer or land
surveyor, licensed in the State of Massachusetts, containing the following
information:
(1)
A locus plan at a scale of one inch equals 2,000 feet;
(2)
The project name, North arrow, date, and scale; name of record owner
and applicant engineer name and proper seals of registration; and
abutters to the proposal;
(3)
Site Context Map that illustrates the parcel in connection to its
surrounding neighborhood. Based upon existing data sources and field
inspections, it should show various kinds of major natural resources
areas or features that cross parcel lines or that are located on adjoining
lands. This map will enable the Planning Board to understand the site
in relation to what is occurring on adjacent properties;
(4)
Existing Conditions/Site Analysis Map to familiarize officials with
existing conditions on the property. Based upon existing data sources
and field inspections, this base map locates and describes noteworthy
resources that shall be left protected through sensitive subdivision
layouts. These resources include wetland areas, floodplains and steep
slopes, but also may include farmland, unique or special wildlife
habitats, historic or cultural features (such as old structures or
stonewalls), unusual geologic formations and scenic views into or
out from the property. By overlaying this plan officials can clearly
see where conservation priorities and desired development overlap/conflict;
C.
Drainage calculations certified by the engineer who prepared them.
D.
A certified list of names of all abutters, and owners of land directly
opposite on any public or private street or way, and abutters to the
abutters within 300 feet of the property line of the petitioner as
they appear on the most recent applicable tax list.
E.
A letter of consent from the property owner if different from the
applicant.
F.
All OSRD applications require engineering review. Engineer to be
specified by the Planning Board and fees to be borne by the applicant.
G.
Roadways, common driveways and lots shall be staked out as required under the Planning Board Rules and Regulations § 475-3.14B.
H.
Additional information may be requested from the applicant by the
Planning Board.
All Planning Board fees are nonrefundable filing fees to cover
the cost of processing applications. All expenses for advertising,
publication of notices, engineering, professional planning review,
legal review, plans, inspection of construction, recording and filing
of documents required by the Planning Board or its agent shall be
the responsibility of the applicant. Administrative fees are not part
of the regulations and their content may be revised from time to time
by administrative action of the Board, without a public hearing. The
Board, at its discretion, may waive certain fees. The Fee Schedule
is available in the Land Use Office.[1]
A.
The Planning Board must hold a public hearing within 65 days of the
filing date unless the applicant and the Planning Board agree in writing
to an extension. A copy of any written extension agreement must be
filed with the Town Clerk.
B.
The Planning Board must mail notices of public hearing to the applicant
and all parties in interest and must publish the first newspaper notice
at least 14 days before the hearing.
A.
The Planning Board must make its decision on the special permit within
90 days of the close of the public hearing or within such extension
of time as may have been agreed in writing between the applicant and
the Board. A decision to grant a special permit requires four out
of five votes in favor of the grant.
C.
The date of filing of the decision is the date when the decision
of the Planning Board has been filed with the Town Clerk.
D.
If the Planning Board fails to make a decision within 90 days of
the close of the public hearing or within such extension of time as
may have been agreed upon in writing between the applicant and the
Board, the special permit shall be deemed to have been granted (MGL
c. 40A, § 9).
Any person aggrieved by the special permit decision may file
an appeal. The appeal period lasts 20 days from the date of filing
of the decision. Notices of any appeal made to the Superior Court
or Land Court must be received by the Town Clerk within those 20 days
(MGL c. 40A, § 17).
A.
Failure to record the special permit, covenants, agreements, easements
and all documents associated with the approval within 60 days of the
completion of the appeal period shall cause the special permit to
lapse unless approval has been extended by the Board and said extension
filed with the Town Clerk.
B.
The rights granted by the special permit shall lapse if they are
not exercised within two years of either of the following:
Conditions necessary before the special permit is effective:
A.
The appeal period has elapsed without appeal, or, if appealed, the
court has dismissed or denied the appeal.
B.
The special permit and covenants, agreements and easements must be
recorded by the applicant in the Northern Worcester County Registry
of Deeds. Proof of recording must be submitted to the Planning Board.
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NOTE: The copy of the special permit to be recorded
must bear the certification of the Town Clerk that the appeal period
has elapsed (MGL c. 40A, § 11). A separate certification
prepared by the Town Clerk shall meet this requirement.
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Submission requirements for requests to amend a special permit
are the same as for the original application for a special permit.
Inspections shall meet the requirements of § 475-7.4 of the Ashburnham Planning Board Rules and Regulations.
Open space residential developments not submitted with a definitive
subdivision plan require as-built plans prepared and certified by
a registered engineer prior to the issuance of any occupancy permits.
Open space residential developments not submitted with a definitive subdivision plan may require a performance guarantee as required in § 475-3.28 of the Ashburnham Planning Board Rules and Regulations.
A.
Waivers. A waiver of strict compliance from these rules and regulations
may be granted if the Planning Board determines that such a waiver
is in the public interest and not inconsistent with the Zoning Bylaw.[1] All requests shall identify the provision or provisions
of the regulations from which relief is sought. The request shall
also include a statement explaining why the applicant thinks that
granting a waiver would be in the public interest and not inconsistent
with the purpose and intent of these rules and regulations and the
Zoning Bylaw.
B.
Amendments. These rules and regulations may be amended by a majority
vote of the Planning Board at a regularly scheduled meeting after
a public hearing duly advertised once in a paper of general circulation
no less than seven days prior to the date of the public hearing.
C.
Validity. The validity of any section or provision of these rules
and regulations shall not invalidate any other section or provision
thereof.
D.
Effective date. The effective date of any amendment shall be the
date such amendments are filed with the Town Clerk.
