Georgetown City Zoning Code
ARTICLE VII
Open Space Residential Development OSRD
[Added 5-2-2005 ATM, Art. 28[1] (Amdt. No. 155)]
[1]
Editor's Note: This article also repealed former Art. VII, Planned Unit Developments, added 3-3-1970 ATM, Art. 48 (Amdt. No. 24), as amended through 10-27-1997 STM, Art. 13 (Amdt. No. 122).
§ 165-47 Purpose and intent.
A.
The primary purposes for Open Space Residential Development (OSRD) 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, agricultural land, forestry land, wildlife and rare species habitat, other natural resources including the Parker and Merrimack River watersheds, aquifers, waterbodies, areas of critical environmental concern, wetlands, and historical and archeological resources in a manner that is consistent with a Town of Georgetown Community Development Plan (2004) and Town of Georgetown Open Space Plan (2001);
(3)
To encourage a less sprawling, less land consumptive and more efficient and compact form of development that consumes less open land and natural materials 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 Town of Georgetown Master Plan and Town of Georgetown Strategic Land Use Plan as amended from time to time;
(6)
To facilitate the construction and maintenance of housing, streets, utilities, and public service in a more economic and efficient manner, that are in harmony with the architectural heritage of the Town of Georgetown.
§ 165-48 Applicability.
[Amended 5-4-2009 ATM, Art. 25 (Amdt. No. 169)]
A.
Any proposed development in the Town of Georgetown, which would create more than 10 lots or dwelling units or is a parcel of 10 acres or more shall be required to submit a special permit application to the Planning Board in accordance with the provisions of this bylaw. The applicant may also submit a conventional subdivision plan at the same time in accordance with the Rules and Regulations Governing the Subdivisions of Land in the Town of Georgetown. The Planning Board shall, in compliance with Massachusetts General Laws Chapter 40A, Section 9, hold a public hearing on the proposed OSRD application and a concurrent public hearing on the proposed conventional subdivision, if applicable. In the event both an OSRD concept plan and a conventional subdivision plan are submitted, prior to the close of the hearing, the Planning Board shall recommend which plan it considers most beneficial to the Town, and the applicant shall, also prior to the close of the hearing, elect which plan he or she wishes to pursue, and shall inform the Planning Board of his or her choice in writing. For subdvisions that would create nine or fewer lots or units or are on a parcel less than 10 acres an applicant may submit a special permit application for an OSRD in preference to filing a conventional subdivision plan. Any special permit application submitted under the provisions of this subsection, which involves the subdivision of land, shall be subject to the approval of the Planning Board under the Rules and Regulations governing the Subdivision of Land in the Town of Georgetown. All multi-family developments shall be subject to the approval of the Planning Board under site plan review.
B.
Zoning classification: Only those tracts located in the RA, RB and RC Districts shall be eligible for consideration as an OSRD.
C.
Contiguous parcels: To be eligible for consideration as an OSRD, the total tract shall consist of a parcel or set of contiguous parcels. Contiguous parcels in common ownership with a total of 10 acres or more shall be considered as one parcel for the purposes of applicability under § 165-48 above.
D.
Land division: To be eligible for consideration as an OSRD, the tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81P provided, however, that an OSRD may also be permitted where intended as a condominium on land not so divided or subdivided. Condominiums are permitted with a site plan review from the Planning Board and all roadways within shall remain private.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
§ 165-49 Special permit required.
A.
The Planning Board may authorize an OSRD pursuant to the grant of a special permit. The Planning Board will act as the special permit granting authority for all OSRD applications. Such special permits shall be acted upon in accordance with the following provisions outlined in this bylaw.
§ 165-50 Preapplication.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
A.
The purpose of a pre-application review is to minimize the applicant's costs of engineering and other technical experts, and to commence negotiations with the Planning Board at the earliest possible stage in the development. At the pre-application review, the applicant shall outline the proposed OSRD, seek preliminary feedback from the Planning Board and/or its technical experts, and set a timetable for submittal of a formal application. At the consent of the applicant, and at the expense of the applicant, the Planning Board may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for an OSRD special permit.
§ 165-51 Design process.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
A.
At the time of the application for a special permit for OSRD, in conformance with § 165-52 of this bylaw, the applicant is required to demonstrate to the Planning Board that the following design process is provided for, relative to determining the layout of proposed streets, house lots, and open space:
(1)
Step One: Identifying Conservation Areas. The applicant shall identify both Primary and Secondary conservation areas of the parcel: Primary conservation areas include: site features that are protected by federal, state or local laws, such as wetlands, wetland buffer zones, riverfront areas, areas of critical environmental concern, outstanding resource waters, rare species habitat, vernal pools, flood hazard areas, and floodplains; Secondary conservation areas include: unprotected elements of the natural landscape, such as steep slopes (typically greater than 25%), mature woodlands (trees with caliper of 20 inches or greater), associated vernal pool upland habitat, prime farmland, large open meadows, critical wildlife habitats and important cultural features such as historic and archeological sites and scenic views shall be identified and delineated. The areas that do not qualify as Primary or Secondary conservation areas define the potentially developable area.
(2)
Step Two: Locating House Sites. Locate the approximate sites of individual houses or structures within the potentially developable area and include the delineation of private yards and shared amenities, so as to reflect an integrated neighborhood, with emphasis on consistency with the town's historical development patterns and heritage.
(3)
Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots or units. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.
(4)
Step Four: Lot Lines. If applicable draw in the lot lines according to § 165-54 of this bylaw.
§ 165-52 Procedures.
[Amended 5-4-2009 ATM, Art. 25 (Amdt. No. 169); 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
A.
Application. An application for a special permit for an OSRD shall include an OSRD concept plan. The OSRD concept plan shall consist of the following information.
(1)
Drawings shall be prepared by a certified landscape architect, or by a multi-disciplinary team of which one member must be a certified landscape architect, and shall address the general features of the land, give approximate configurations of the lots, open space, and roadways, and include the information listed in the Subdivision Rules and Regulations or Site Plan Review bylaws, whichever is applicable. This information shall incorporate the Four-Step Design Process, according to § 165-51 above, and the design standards according to § 165-56 of this bylaw, when determining a proposed design for the development.
(2)
A determination of lot/dwelling unit yield shall be presented as described in § 165-53 of this bylaw.
B.
Relationship between the OSRD concept plan and OSRD definitive subdivision plan or OSRD site plan.
(1)
The issuance of an OSRD concept plan special permit replaces the preliminary subdivision plan and allows the applicant to submit to the Planning Board an OSRD definitive subdivision plan.
(2)
Once an OSRD concept plan has been approved, for developments that do not involve a subdivision of land, the applicant shall submit an OSRD site plan and will not be required to submit an OSRD definitive subdivision plan. Such plan shall satisfy the requirements of § 165-83 of the Town of Georgetown Site Plan Approval, and shall contain such additional requirements as set forth by the Planning Board under § 165-59 of this bylaw.
(3)
An OSRD definitive subdivision plan, or OSRD site plan will be considered noncompliant with the OSRD concept plan if the Planning Board determines that any of the following conditions exist:
(a)
An increase in the number of building lots or dwelling units;
(b)
A decrease in the open space acreage;
(c)
A change in the lot layout;
(d)
A change in the general development pattern which adversely affects natural landscape features and open space preservation;
(e)
Storm water management facilities change; and/or,
(f)
Wastewater management systems change.
(4)
If the Planning Board determines that the OSRD definitive subdivision plan, or OSRD site plan does not comply with the OSRD concept plan, the Board may disapprove said plan.
(5)
The Planning Board may conditionally approve an OSRD definitive subdivision plan, or OSRD site plan that does not comply with the OSRD concept plan special permit. However, such conditional approval must identify where the plan does not comply with the OSRD concept plan special permit.
C.
General procedures.
(1)
Whenever an application for a OSRD special permit is filed with the Planning Board, the applicant shall also file within five working days of the filing of said application, copies of the application, accompanying OSRD concept plan and other documentation to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief, and Open Space Committee for their consideration, review, and report. Reports from the aforementioned boards and officials shall be submitted to the Planning Board within 35 days of receipt of all required application materials; failure of said reviewing parties to submit written comments within said 35 days shall be deemed a lack of opposition or support of the proposed OSRD. If the Planning Board holds a public hearing prior to the expiration of the aforementioned 35 day period the hearing shall be continued until such time as the subject 35 day period has expired. Thus, giving the reviewing parties the provided time in which to forward their written comments to the Board. The decision/findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party. The Planning Board shall render a decision on the special permit application within 65 days from the opening of the hearing, i.e., unless the applicant executes Form H, agreeing to an extension. Further, the Planning Board shall provide its written decision on the special permit application within 30 days from the close of the public hearing.
D.
Technical experts. The Planning Board may engage technical experts at the applicant's expense, and as necessary in conjunction with its review of the applicant's proposed plans and technical reports.
E.
Site visit.
(1)
Whether or not conducted during the pre-application stage, the Planning Board may conduct a site visit during the public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or the applicant's agents.
F.
Other information.
(1)
The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing for an OSRD concept plan with the public hearing required for an OSRD definitive subdivision plan or an OSRD site plan.
§ 165-53 Basic maximum number of lots/dwelling units.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
A.
Determination of yield.
(1)
The maximum number of lots or dwelling units on a tract shall be derived from a yield plan. The yield plan shall show the maximum number of lots or dwelling units that could be constructed on the tract for a conventional subdivision, i.e., in accordance with the minimum lot size, frontage and continuous building area (CBA) requirements for the zoning district in which the tract is situated, together with the right-of-way requirements, as specified in the most recent edition of the Planning Board's Subdivision Regulations. The aforementioned yield plan shall also provide a chart inscribed thereon, clearly depicting the gross square footage/acreage of each proposed lot area, minus wetlands (as defined and provided in this ordinance) of each lot, resulting in the net CBA, which shall represent the minimum lot size requirement for the respective zoning district. The determination of yield shall set the amount of lots or dwelling units submitted in the concept plan, not including increased units allowed under § 165-58 of this bylaw.
NOTE: the proponent shall have the burden of proof in regard to the determining the maximum number of lots or dwelling units resulting from the design and engineering specifications shown on the yield plan; further, the Planning Board may request further information to justify the determination of yield, including an approved wetland and resource delineation, soil tests and percolation tests. |
Revised Yield Chart example (i.e., to include: Lot Area gross minus (-) Wetlands = Continuous Building Area (CBA), which shall equal or be greater than the required minimum lot size: |
Yield Plan Zoning Summary Chart | |||||
|---|---|---|---|---|---|
Lot | Lot Area, Gross (sf) | Wetlands | CBA (40,000 sf min. req.) | Frontage 160 ft. req. | Lot Depth 150 ft. req. |
1 | 65,000 sf | 15,000 sf | 40,000 sf | 160 ft. | 175 ft. |
2 | 85,000 sf | 19,500 sf | 65,500 sf | 180 ft. | 250 ft. |
§ 165-54 Reduction of dimensional requirements.
A.
The Planning Board encourages applicants to modify lot size, shape, and other dimensional requirements for lots within an OSRD, subject to the following limitations:
(1)
Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; the Planning Board may waive this requirement where it determines that such reduced dimensional requirements will further the goals of this bylaw.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(2)
At least 50% of the required setbacks for the district shall be maintained in the OSRD unless a reduction is otherwise authorized by the Planning Board.
(3)
Minimum lot size shall be 10,000 square feet, which the Planning Board may waive where it is determined that further lot area reductions will further the goals of this bylaw.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
§ 165-55 Open space requirements.
[Amended 5-4-2009 ATM, Art. 25 (Amdt. No. 169); 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
Open space. A minimum of 60% of the tract shown on the development plan shall be open space. Any proposed open space, unless conveyed to the Town or its Conservation Commission, shall be subject to a recorded conservation restriction enforceable by the Town, providing that such land shall be kept in perpetuity as open space.
A.
The percentage of the set aside open space that is wetlands shall not exceed the percentage of the total tract that is wetlands.
B.
The open space shall be contiguous, which is defined as being connected and shall be no less than 50 feet wide.
C.
The open space shall be used primarily for wildlife habitat and/or for conservation purposes, as well as for the following secondary purposes: historic preservation, education, outdoor education, passive recreation, park purposes, agriculture, horticulture, forestry, or a combination of these uses, and shall be served by suitable access for such purposes. The Planning Board may permit up to 5% of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space (e.g., pedestrian walks, bike paths and shelters).
D.
At the discretion of the Planning Board subsurface wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the required minimum open space, unless these structures are determined by the Planning Board to be "soft" (i.e., nonstructural and natural in appearance) stormwater management ponds.
E.
Ownership of the open space. The open space shall, with the Planning Board’s approval, be conveyed by fee or easement to one or more of the following:
(1)
The Town or its Conservation Commission; and/or
(2)
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; and/or
(3)
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. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust that shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the Town an easement for this purpose. In such event, the Town shall first provide 14 days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the Town may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the Planning Board for approval, and shall thereafter be recorded.
§ 165-56 Design standards.
A.
The following generic and site specific design standards shall apply to all OSRDs and shall govern the development and design process:
(1)
General design standards.
(a)
Insofar as practicable, the landscape of the tract shall be preserved in its natural state, i.e., 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 take advantage of natural drainage patterns.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(b)
Streets shall be designed and 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.
(c)
All open space (landscaped and usable) shall be designed to add to the visual aesthetics of the tract and its surroundings.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(d)
Insofar as practicable, the removal or disruption of historic, traditional or significant uses, structures, or architectural elements found/established on the tract shall be minimized.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(e)
Garages shall be recessed at least five feet from the front building wall of the house.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
B.
The Planning Board may issue building form guidelines to help clarify architectural design standards listed in this section.
C.
Site specific design standards.
(1)
Mix of housing types. The OSRD may consist of any combination of single-family, two-family and multifamily residential structures. A multifamily structure shall not contain more than three dwelling units. Multifamily residential structures shall be in scale with surrounding residential structures. No further special permits are required from the Town of Georgetown for construction of multifamily residential structures.
(2)
Parking. Each dwelling unit have a minimum of two off-street parking spaces. Parking spaces in front of garages may count in this computation. All parking areas with greater than four spaces shall be screened from public view.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(3)
Buffer areas. A minimum buffer area of 25 feet in width shall be provided at the perimeter of the property where it abuts residentially zoned and occupied properties and a buffer area of 100 feet in width shall be provided from natural resource areas such as wetlands, intermittent streams, agricultural or recreational fields, and land held for conservation purposes except as noted below. In all cases a two-hundred-foot wide buffer must be maintained from perennial streams unless otherwise permitted by the Conservation Commission. Driveways may cross such buffer areas. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance of structures and landscapes approved as part of the project. The Planning Board may waive the buffer requirement in these locations when it determines that a smaller buffer (or no buffer) will suffice to accomplish the objectives set forth herein.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(4)
Drainage. The Planning Board shall encourage the use of "soft" (i.e., non-structural and natural in appearance stormwater management techniques, such as rain gardens open grass swales and bio-retention swales) and other drainage techniques that reduce impervious surface and enable infiltration where appropriate. Stormwater should be treated at the source to limit nonpoint source pollution. In order to promote water conservation, rainwater retention systems such as rain barrels and cisterns are also strongly encouraged for irrigation purposes.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(5)
Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a landscape plan. The landscape plan shall not include invasive plant species but rather, species that are drought tolerant and provide habitat value. Native plant species are strongly encouraged and in ground sprinkler systems are strongly discouraged.
[Amended 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
(6)
Common/shared driveways. A common or shared driveway may serve a maximum number of three dwelling units.
(7)
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.
(8)
Disturbed areas. Not more than 50% of the total tract shall be disturbed areas. A disturbed area is any land not left in its natural vegetated state.
§ 165-57 Decision of the Planning Board.
[Amended 5-4-2009 ATM, Art. 25 (Amdt. No. 169); 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
A.
The Planning Board may grant a special permit for a OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional development proposed for the tract, and only after considering the following factors:
(1)
Whether the OSRD achieves greater flexibility and creativity in the design of residential developments than a conventional development plan;
(2)
Whether the OSRD promotes permanent preservation of open space, agricultural land forestry land, other natural resources including waterbodies and wetlands, and historical and archeological resources;
(3)
Whether the OSRD promotes a less sprawling, less land consumptive and more efficient and compact form of development that consumes less open land and conforms to existing topography and natural features better than a conventional development plan;
(4)
Whether the OSRD reduces the total amount of disturbance on the site compared to a conventional development plan;
(5)
Whether the OSRD furthers the goals and policies of the Town of Georgetown Community Development Plan (2004) and Town of Georgetown Open Space Plan (2001) as amended from time to time;
(6)
Whether the OSRD facilitates the construction and maintenance of streets, utilities, and public service in a more economical and efficient manner;
(7)
Whether the Concept Plan and its supporting narrative documentation complies with all sections of this Zoning Bylaw;
(8)
Whether the construction of housing, landscape and streetscape is in harmony with the architectural heritage of the Town of Georgetown.
§ 165-58 Increases in permissible density.
[Amended 5-4-2009 ATM, Art. 25 (Amdt. No. 169); 5-7-2018 ATM, Art. 26 (Amdt. No. 188)]
A.
After reviewing the design standards listed in § 165-56, and the factors listed in § 165-57, the Planning Board may award a density bonus to increase the number of residential dwelling units beyond the maximum yield number. The density bonus for the OSRD shall not, in the aggregate, exceed 50% of the maximum yield number. A density bonus may be awarded in the following circumstances:
(1)
Open space - For each additional 5% of the site (over and above the required 60% open space) set aside as open space, a bonus of 10% of the maximum yield number may be awarded; provided, however, that this density bonus shall not exceed 25% of the maximum yield number.
(2)
Affordable housing - Excluding all units established under the Inclusionary Housing Bylaw, for every one dwelling unit restricted to occupancy in perpetuity by persons or families who qualify as low or moderate income, as those terms are defined for the area by the Commonwealth’s Department of Housing and Community Development, two dwelling units may be added as a density bonus; provided, however, that this density bonus shall not exceed 50% of the maximum yield number. This bonus is in addition to the existing affordability housing requirements in the Town of Georgetown. In lieu of constructing such affordable dwelling units, the applicant may be granted an increase in permissible density by paying a fee to the Town of Georgetown on a per dwelling unit basis. The applicant may make a cash payment to the Town with a value comparable to the difference between the value of the affordable units and the fair market value of such units free of the conditions set forth in Commonwealth of Massachusetts guidelines for affordable housing under M.G.L. Chapter 40B eligibility definition.
(3)
Historic Preservation - For any project that contains a principle building or structure deemed historically significant by the Historic Commission that records a permanent preservation restriction under G.L. 184, one residential dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 10% of the basic maximum number.
§ 165-59 Adoption of rules and regulations.
The Planning Board may after notice and hearing adopt rules and regulations specifying the content of required plans, application procedures, filing and review fees, design criteria, development standards, and other general requirements to be applied under this bylaw.