To allow for greater flexibility and creativity in the design of residential developments.

To facilitate the permanent protection of open space, agricultural land, and natural, historic, and scenic resources.

To maintain the Town's traditional character and land use pattern in which small villages contrast with open land.

To encourage a more economical and efficient form of development that is less sprawling, consumes less open land, does not tax community services unduly, respects a site's physical characteristics and minimizes the total amount of disturbance on the site.

To protect scenic vistas along the Town's roadways and from other places.

Applicants for a major residential development are encouraged to concurrently submit a preliminary conventional plan and an OSRD plan in accordance with the applicable provisions of this bylaw, in order to obtain an OSRD special permit.

Developments of seven lots or smaller may also apply for an OSRD special permit at the option of the landowner and in accordance with the provisions of this bylaw. The tract may be a subdivision or a division of land pursuant to MGL c. 41, § 81P; provided, however, that OSRD may also be allowed by special permit where intended as a condominium on land not so divided or subdivided. (See Article VI, § 100-606, of this chapter regarding special permits.)

Evaluating site context. The first step is to evaluate the site in its larger context by identifying physical features (e.g., stream corridors, wetlands, land forms), transportation systems (e.g., road and bicycle networks), cultural assets (e.g., recreational sites, historic and archaeological resources), and surrounding land uses and activities.

Understanding the site. The second step is to inventory and map existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other. These resources include wetlands, riverfront areas, floodplains, steep slopes, mature woodlands, hedgerows, unique or special wildlife habitats, historic or cultural features (such as old buildings or stone walls), unusual geologic formations and scenic views into and out of the property.

Designating open space to be preserved. The third step is to identify the open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.

Location of development areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town's historical development patterns.

Lot lines. The final step is to draw in the lot lines to enable a comparison of the conventional and OSRD plans. Assumed lot lines may be drawn for an OSRD that is proposed as a condominium, cooperative, or other form of common ownership.

The total number of lots or dwelling units in an OSRD shall not exceed the number of lots in a conventional subdivision plan as determined by the Planning Board.

Lots having reduced area or frontage shall not have frontage on a way other than one created within an OSRD. The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall contain less than 50% of the allowed zoned frontage of each zoning area.

Lots may be reduced in area to facilitate the purposes of this bylaw. The minimum lot size shall be 10,000 square feet in the Village Center District and Commercial Business District, 15,000 square feet in the Village Residential District, and 20,000 square feet in the Outlying Residential District.

Structures shall be at least 20 feet apart in all districts.

Dwellings may consist of any combination of single-family, two-family and attached residential dwellings (townhouses). Attached dwellings shall not contain more than five dwelling units. The number of dwelling units shall not exceed that unless otherwise determined by the Planning Board according to the procedures of Subsection A above.

The landscape shall be preserved in its natural state, insofar 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, surface water buffers, 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.

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.

Open space 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.

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

General requirements.

Allowable uses of protected open space.

Ownership of open space. If a special permit is granted, the Planning Board shall designate the form of ownership as listed below:

Conveyance. If a special permit is granted, the Planning Board shall impose as a condition that the common land shall be conveyed, free of any mortgage interest or security interest and subject to a permanent restriction of the type described below, at the time of recording of the definitive subdivision plan. The petitioner shall provide satisfactory assurance of said conveyance and recording, in the form of copies of the recorded instruments bearing the recording stamp, and of such freedom from encumbrances.

Permanent restriction. In any case where open space is not conveyed to the Town, a permanent conservation or agricultural preservation restriction in accordance with MGL c. 184, §§ 31 through 33, approved by the Planning Board and Board of Selectmen and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as allowed by this bylaw and approved by the Planning Board. Restrictions shall provide for periodic inspection of the open space by the Town. Such restriction shall be submitted to the Planning Board prior to approval of the project and recorded at the Registry of Deeds/Land Court simultaneously with recording of the definitive subdivision plan.

Maintenance of open space. In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land and to allow the Town to enter the property for the purposes of inspecting the maintenance of the property. Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses.

Criteria for approval. The Planning Board will review all data and hold a public hearing in accordance with MGL c. 40A, § 9. The Board may grant a special permit for an OSRD if it determines that the proposed OSRD has less detrimental impact on the tract than a conventional subdivision of the property and finding that the following eight factors are present:

Relationship between OSRD plan and definitive subdivision plan. Any special permit for OSRD that is granted and shows a subdivision must be followed by the submittal of a definitive subdivision plan in accordance with the Subdivision Rules and Regulations of the Town, unless joint applications for a special permit under this bylaw and definitive subdivision approval have been submitted and a joint decision issued by the Board. The OSRD special permit shall be reconsidered if there is substantial variation between the definitive subdivision plan and the OSRD plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the OSRD plan. A substantial variation shall be any of the following: