[Added 3-24-2003 ATM by Art. 2]
A.
The primary purposes for the Open Space Residential
Development (OSRD) Bylaw are the following:
(1)
To allow for greater flexibility and creativity in
the design of residential developments;
(2)
To encourage the permanent preservation of open space,
forestry land, wildlife habitat, other natural resources including
aquifers, water bodies and wetlands in a manner that is consistent
with the Dalton Comprehensive Master Plan;
(3)
To encourage a less sprawling and more efficient form
of development that consumes less open land and conforms to existing
topography and natural features better than a conventional or grid
subdivision;
(4)
To minimize the total amount of disturbance on the
site;
(5)
To further the goals and policies of the recently
completed comprehensive Dalton Master Plan; and
(6)
To facilitate the construction, maintenance and provision
of housing, streets, utilities, and public services in a more economical
and efficient manner.
A.
Zoning classification. Only those parcels located
in the R-1 District shall be eligible for consideration as an OSRD.
B.
Any residential development that is 10 acres or more
may submit an application for OSRD to the Planning Board.
C.
Contiguous parcels. To be eligible for consideration
as an OSRD, the tract shall consist of a parcel or set of contiguous
parcels.
D.
Land division. To be eligible for consideration as
an OSRD, the tract may be developed as a subdivision or a division
of land pursuant to MGL c. 41, § 81P, or as land intended
as a condominium or other form of common ownership on land not so
divided or subdivided.
A.
An OSRD may be authorized by the grant of a special
permit. The Planning Board shall be the special permit granting authority
pursuant to MGL c. 40A, § 9.
B.
Relation to Subdivision Control Law. To facilitate
timely processing, promote better communication and avoid misunderstanding,
applicants are encouraged to submit conceptual materials for informal
review by the Planning Board prior to formal application for a special
permit. These materials can include alternative OSRD or conventional
subdivision designs.
C.
An application for a special permit for an OSRD shall
be submitted on the form(s) provided by the Planning Board in accordance
with the Rules and Regulations Governing the Subdivision of Land in
Dalton, Massachusetts.[1] Each OSRD application and plan shall conform to the submission
requirements of this chapter.
D.
Submission requirements.
(1)
Concept plan. The applicant shall submit a concept
plan and a yield plan. Additional information reasonably necessary
to make the determinations and assessments cited herein shall be provided,
including existing site contour maps and existing current soil maps.
(2)
The concept plan shall be prepared by a certified
landscape architect, or by a multidisciplinary team of which one member
must be a certified landscape architect, and shall address the general
features of the land, and give approximate configurations of the lots,
open space, and roadways.
(3)
The concept plan shall include the following:
(a)
The subdivision name, boundaries, north point,
date, legend, title "Concept Plan," and scale.
(b)
The names of the record owner and the applicant,
and the name of the landscape architect that prepared the plan.
(c)
The names, appropriate location, and widths
of adjacent streets.
(d)
The proposed topography of the land shown at
a contour interval no greater than three meters. Elevations shall
refer to mean sea level (NGVD).
(e)
The location of existing landscape features
including forests, farm fields, meadows, wetlands, riverfront areas,
water bodies, archeological and historic structures or points of interest,
rock outcrops, boulder fields, stone walls, cliffs, high points, major
long views, forest glades, major tree groupings, noteworthy tree specimens,
and habitats of endangered or threatened wildlife. Proposals for all
site features to be preserved, demolished, or moved shall be noted
on the concept plan.
(f)
The location and acreage of areas to be devoted
to specific uses.
(g)
The proposed location of parks, open spaces,
and other public and community uses, including trails, recreation
areas, pedestrian and bicycle paths, and off-street parking areas.
(h)
Open space residential development (OSRD) with
future private ways. Application for a special permit proposing roads
to remain private ways shall be accompanied by a site plan with all
appropriate information as required on a preliminary subdivision plan.
All roads, parking areas, drainage areas and similar improvements
shall be constructed in accordance with the Rules and Regulations
Governing the Subdivision of Land in Dalton, Massachusetts.
(i)
Development on municipal sewer systems: written
approval certifying tie-in to the municipal sewage from the Town of
Dalton Public Works Department.
(j)
Development on municipal water system: written
approval certifying tie-in to the municipal water system from the
Town of Dalton Fire District
(k)
A narrative explanation prepared by a certified
professional engineer proposing systems for stormwater drainage and
its likely impacts on site and to any abutting parcels of land. The
appropriate location of any stormwater management detention/retention
basins shall be shown on the plan and accompanied by a conceptual
landscaping plan.
(l)
A narrative explanation prepared by a certified
professional engineer, detailing the proposed drinking water supply
system.
(m)
The organization which the applicant proposes
to form to own and maintain the residential and/or open space land,
including forms and plans to be used to organize the same.
(n)
Copies of all proposed covenants, agreements
and other restrictions, which the applicant proposes, in draft guideline
form, not in final legal form.
(o)
Proposed gross density of entire development
tract, amount of open space required and amount of open space retained.
(p)
All proposed landscaped and buffer areas shall
be noted on the plan and generally explained in a narrative.
(q)
Locus or site context map. This map 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 resource areas or features that cross parcel
lines or that are located on adjoining lands. This map enables the
Planning Board to understand the site in relation to what is occurring
on adjacent properties.
(r)
Existing conditions/site analysis map. This
map familiarizes officials with existing conditions on the property.
Based upon existing data sources and field inspections, this base
map locates and describes noteworthy resources that should be left
protected through sensitive subdivision layouts. These resources include
wetlands, riverfront areas, floodplains and steep slopes, but may
also include mature undegraded woodlands, hedgerows, farmland, unique
or special wildlife habitats, historic or cultural features (such
as old structures or stone walls), unusual geologic formations and
scenic views into and out from the property.
(s)
Any and all other information from the definitive
subdivision regulations of the Town of Dalton that the Planning Board
may require to assist in determining whether the proposed OSRD meets
the objectives and standards as set forth in this article.
(4)
Yield plan. The applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield determined according to § 350-101B, Determination of yield.
(5)
Relationship between concept plan and definitive subdivision
plan. The concept plan special permit shall be reconsidered if there
is substantial variation between the definitive subdivision plan and
the concept plan. If the Planning Board finds that a substantial variation
exists, it shall hold a pubic hearing on the modifications to the
concept plan. A substantial variation shall be any of the following:
(a)
An increase in the number of building lots;
(b)
A significant decrease in the open space acreage;
(c)
A significant change in the lot layout;
(d)
A significant change in the general development
pattern which adversely affects natural landscape features and open
space preservation;
(e)
Significant changes to the stormwater management
facilities; and/or
(f)
Significant changes in the wastewater management
systems.
A.
After notice and public hearing in accordance with MGL c. 40A, § 9, as amended, and after distribution of copies of the concept plan application materials to other Town boards and receipt of comments from those boards in accordance with § 350-46, the Planning Board may, after due consideration of the reports and recommendations of other Town boards, grant a special permit, provided that the conditions and standards of this article have been adequately met.
B.
A special permit granted under this article shall
lapse within 24 months if construction has not begun or is not continuing
to proceed, except for a good cause shown and approved by the Planning
Board.
C.
Planning Board approval for a special permit for a
cluster development under this article shall not substitute compliance
with the Subdivision Control Law (MGL c. 41, §§ 81K
to 81GG) nor oblige the Planning Board to approve any related definitive
plan for subdivision. The applicant may submit a preliminary subdivision
plan at the same time as the application for a special permit; however,
two separate public hearings, one for the special permit and one for
the definitive plan must be held.
A.
Permitted uses and standards.
(1)
A single-family dwelling unit or other lawful accessory
buildings may be constructed on certain lots in a cluster development.
(2)
The development tract for which a cluster development is proposed shall be in single ownership or control at the time of application and shall not be less than the minimum size as specified in § 350-98 of this chapter.
(3)
A cluster development may be permitted at the discretion
of the Planning Board, as the special permit granting authority, only
on a tract of land, which has access and will be connected to a public
sewer.
B.
Determination of yield. The maximum number of lots
in the development shall be derived by dividing the total tract area,
less proposed roadways and 50% of wetlands, 50% of floodplains, and
50% of slopes greater than 20%, by the minimum lot size for the R-1
District.
|
Total number of lots =
|
TA (RW + FP + SL + WA)
30,680 square feet
|
|
TA
|
=
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Tract area
| |
|---|---|---|---|
|
RW
|
=
|
Roadways
| |
|
WA
|
=
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50% of wetlands (total area divided by 2)
| |
|
FP
|
=
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50% of floodplains (total area divided by 2)
| |
|
SL
|
=
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50% of slopes greater than 20%
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(1)
The Dalton Planning Board may authorize the increase
or decrease of the maximum number of lots by up to 25% of the total
number calculated by the determination of yield formula where it is
determined that such a change will further the goals of the Open Space
Residential Development Bylaw.
The Planning Board may authorize modification
of lot size, shape, and other bulk requirements for lots within a
OSRD, subject to the following limitations:
A.
Lots having reduced area or frontage shall not have
frontage on a street other than a street created by the subdivision
involved.
B.
Lot frontage shall not be less than 50% of minimum
requirements for this district.
C.
Each lot shall have at least 50% of the required setbacks
for the district.
D.
Lots may be reduced in area according to the following
schedule:
|
Minimum Lot Area
Per Living Unit
| ||||
|---|---|---|---|---|
|
Subdivision Type*
|
Percent Open Space
|
Acres
|
Square Feet
| |
|
Conventional
|
0%
|
3
|
130,680
| |
|
OSRD
|
At least 50%
|
1.5
|
52,272
| |
A.
Dedicated open space. A minimum of 50% of the tract
shown on the development plan shall be dedicated open space. Any proposed
open space, unless conveyed to the Town or its Conservation Commission,
shall be subject to a recorded restriction enforceable by the Town,
providing that such land shall be perpetually kept in an open state,
that it shall be preserved exclusively for the purposes set forth
herein, and that it shall be maintained in a manner which will ensure
its suitability for its intended purposes.
(1)
No more than 50% of the dedicated open space shall
constitute wetland. The term "wetland" shall be limited to the definition
of wetland as specified under MGL c. 131, § 40, the Wetlands
Protection Act, as amended. Wetland determination shall be established
by a wetlands specialist paid for by the developer and shall be made
part of the site plan.
(2)
The open space shall be contiguous. Contiguous shall
be defined as being connected. Open space will still be considered
connected if a roadway or an accessory amenity separates it. The Planning
Board may waive this requirement for all or part of the required open
space where it is determined that allowing noncontiguous open space
will promote the goals of this bylaw.
(3)
The open space may be used for wildlife habitat, conservation,
historic preservation, outdoor education, recreation (including hunting,
fishing, and hiking), park purposes, agriculture, horticulture or
any combination of these uses. Additional uses may be permitted upon
approval of the Planning Board, provided that such uses are in harmony
with the promotion and retention of open space. Open space may be
made open to the general public except in areas that are within 500
feet of any building or residences. The Planning Board may permit
up to 2% of the open space to be paved or built upon for structures
accessory to the dedicated use or uses of such open space.
(4)
The Planning Board may permit wastewater and stormwater
management systems serving the OSRD to be located within the open
space. Surface systems, such as retention and detention ponds, shall
not qualify towards the minimum open space required.
B.
Ownership of the open space.
(1)
The open space shall, at the Planning Board's election,
be conveyed to:
(a)
The Town or its Conservation Commission; or
(b)
A nonprofit organization, the principal purpose
of which is the conservation of open space and any of the purposes
for such open space set forth above; or
(c)
A corporation or trust owned jointly or in common
by the owners of lots within the OSRD. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Documents creating such trust corporation shall be
submitted to the Planning Board for approval, and shall thereafter
be recorded.
(2)
Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust, which shall
provide for mandatory assessments for maintenance expenses to each
lot.
C.
Encumbrance: All areas to be set aside as open space
shall be conveyed free of any mortgage interest, security interest,
liens or other encumbrances.
D.
Monumentation: Where the boundaries of the open space
are not readily observable in the field, the Planning Board shall
require placement of surveyed bounds sufficient to identify the location
of the open space.
The following generic and site-specific design
standards shall apply to all OSRDs and shall govern the development
and design process.
A.
Generic design standards.
(1)
The landscape shall be preserved in its natural state,
in so far as practicable, by minimizing tree and soil removal. Any
grade changes shall be in keeping with the general appearance of the
neighboring developed areas. The orientation of individual building
sites shall be such as to maintain maximum natural topography and
cover. Topography, tree cover, and natural drainageways shall be treated
as fixed determinants of road and lot configuration rather than as
malleable elements that can be changed to follow a preferred development
scheme.
(2)
Streets shall be designed according to the standards
in the Subdivision Rules and Regulations for the Town of Dalton.[1] Streets shall be located in such a manner as to maintain
and preserve natural topography, significant landmarks, and trees;
to minimize cut and fill; and to preserve and enhance views and vistas
on or off the subject parcel.
(3)
Development shall be related harmoniously to the terrain
and the use, scale, and architecture of existing buildings in the
vicinity that have functional or visual relationship to the proposed
buildings. Proposed buildings shall be related to their surroundings.
(4)
All open space (landscaped and usable) shall be designed
to add to the visual amenities of the area by maximizing its visibility
for persons passing the site or overlooking it from nearby properties.
(5)
The removal or disruption of historic, traditional
or significant uses, structures, or architectural elements whether
these exist on the site or on adjacent properties shall only be allowed
upon review and approval of the Planning Board.
B.
Site specific design standards.
(1)
The OSRD may consist only of single-family residential
structures.
(3)
Common driveways.
(a)
Common driveways shall not provide access to
more than two lots. Common driveways shall not be considered public
ways and shall not provide lot frontage.
(b)
Common driveways shall be not less than 16 feet
in width and with all curve radii adequate for fire and other emergency
vehicles; constructed with bituminous asphalt, concrete, oil and stone,
compacted gravel, or other similar material according to accepted
construction standards.
(c)
The maximum length of a common driveway shall
be 400 feet. A common driveway shall be measured along its center
line from its point of intersection with the paved or otherwise improved
section of the street to the most distant portion of its turnaround.
(d)
The length of an individual driveway originating
at a common driveway plus the length of the common driveway measured
from the point of intersection of the center lines of the individual
and common driveways to the paved or otherwise improved section of
the street shall not exceed 600 feet. Measurement of the individual
driveway shall be along its center line from its point of intersection
with the center line of the common driveway to its termination at
the building it serves, or to the portion of the vehicle storage area
closest to said building.
(e)
The maximum grade of any common or individual
driveway shall be 10%. Short sections may exceed 10% with the approval
of the Planning Board, but in no event shall any section exceed 15%.
(f)
The intersection angle between a common driveway
center line and the street center line shall not be less than 60°.
(g)
An agreement providing access over the common
driveway to all lots and making all lots served by the common driveway
jointly responsible for its maintenance and repair, including snowplowing,
shall be recorded at the Berkshire Registry of Deeds. Evidence of
the recording shall be submitted to the Building Inspector prior to
the issuance of a building permit for any lot served by the common
driveway.
(4)
Drainage. The Planning Board shall encourage the use
of "soft" (nonstructural) stormwater management techniques (such as
swales) and other drainage techniques that reduce impervious surface
areas and enable infiltration where appropriate.
(5)
Screening and landscaping. All structural surface
facilities shall be accompanied by a conceptual landscape plan.
(6)
On-site pedestrian and bicycle circulation. Walkways
and bicycle paths shall be provided to link residences with parking
areas, recreation facilities (including parkland and open space) and
adjacent land uses where appropriate.
(7)
Disturbed areas. Not more than 50% of the total tract
shall be disturbed area. A disturbed area is any land not left in
its natural vegetated state, unless waived by the Planning Board to
promote the goals of this bylaw.
C.
Site visit. Whether or not conducted during the preapplication
stage, the Planning Board may conduct a site visit during the public
hearing or at any other time until completion of the project. At the
site visit, the applicant and/or its agents may accompany the Planning
Board and/or its agents.
The Planning Board may grant a special permit
for an open space residential development (OSRD) if it determines
that the proposed OSRD has less detrimental impact on the tract than
conventional development proposed for the tract, after consideration
of the following factors:
A.
Whether the OSRD achieves greater flexibility and
creativity in the design of residential developments than a conventional
plan;
B.
Whether the OSRD promotes permanent preservation of
open space, agricultural land, forestry land, other natural resources
including water bodies and wetlands, and historical and archeological
resources;
C.
Whether the OSRD promotes a less sprawling and more
efficient form of development that consumes less open land and conforms
to existing topography and natural features better than a conventional
subdivision;
D.
Whether the OSRD reduces the total amount of disturbance
on the site;
E.
Whether the OSRD furthers the goals and policies of
the Master Plan;
F.
Whether the OSRD facilitates the construction, maintenance
and provision of streets, utilities, and public service in a more
economical and efficient manner;
G.
Whether the concept plan and its supporting narrative
documentation complies with all sections of this Zoning Bylaw.
If a court of competent jurisdiction holds any
provision of this bylaw invalid, the remainder of the bylaw shall
not be affected thereby. The invalidity of any section or sections
or parts of any section or sections of this bylaw shall not affect
the validity of the remainder of the Dalton Zoning Bylaw.
