Dartmouth City Zoning Code
ARTICLE 11
Open Space Residential Development OSRD
§ 375-11.1 Purpose.
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.
§ 375-11.2 Special permit required.
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.
§ 375-11.3 Comparison conventional plan.
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.
§ 375-11.4 Procedures for developing plans.
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.
§ 375-11.5 Special permit application procedures.
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.
§ 375-11.6 Dimensional requirements.
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.
§ 375-11.7 Design standards.
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.
§ 375-11.8 Ownership of open space.
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.
§ 375-11.9 Conditions.
§ 375-11.10 Relation to other requirements.
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.
§ 375-11.11 Definitions.
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.
§ 375-11.12 Protection for preexisting noncompliance with open space restriction.
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).