Sharon Update

                                                        --- News from the Source---

11-08-2005

Fall Town Meeting 2005 - Article 7

Conservation Subdivision Design Bylaw

BOARD OF HEALTH proposed changes to the existing CSD bylaw, Town Meeting, November 14, 2005

Existing Bylaw as of November 8, 2005

4360. CONSERVATION SUBDIVISION DESIGN (CSD)

4361. Purpose and Intent.

1. The Primary Purposes for CSD are the following:

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

b. To encourage the permanent preservation of open space, agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, waterbodies and wetlands, and historical and archeological resources in a manner that is consistent with the Town’s comprehensive and open space plans;

c. 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;

d. To minimize the total amount of disturbance on the site;

e. To further the goals and policies of the comprehensive and open space plans;

f. To facilitate the construction and maintenance of housing, streets, utilities and public service in a more economical and efficient manner.

2. The Secondary Purposes for CSD are the following:

a. To preserve and protect agriculturally significant land;

b. To protect the value of real property;

c. To protect community water supplies and private drinking water wells;

d. To provide for a diversified housing stock;

e. To provide affordable housing to persons of low and moderate income;

f. To preserve and enhance the community character.

3. Except as otherwise provided herein, all other bylaws and regulations of the Town shall apply to the CSD.

4. The Planning Board shall give great weight and full consideration in its review of any CSD application to a determination by the Board of Health that approval poses an unreasonably detrimental impact to public health, drinking water quality or quantity, air quality, surface water quality or quantity, or by the Conservation Commission that approval poses an unreasonably detrimental impact to wetlands or stream flow.  In the event that the Planning Board determines to grant such approval despite such negative determination by the Board of Health or the Conservation Commission, such approval shall contain specific findings which identify the reasons that said negative recommendation has not been followed.

The Board and Health and the Conservation Commission shall base their determination upon consultation with the Water Management Advisory Committee, the Lake Management Committee and other relevant boards and committees, review of materials submitted by the applicant and the Town’s employees and consultants, as the Board of Health and Conservation Commission deem appropriate.

4362. ELIGIBILITY.

a. Minimum Size of Tract. To be eligible for consideration as a CSD, the tract shall contain a minimum of five (5) acres.

b. Zoning Classification. Only those tracts located in the Rural l, Rural 2, Suburban 1, Suburban 2 and Single Residence A, and Single Residence B Districts shall be eligible for consideration as a CSD. All CSDs shall comply with the provisions of the Stormwater Discharges Generated by Construction Activity General By-Law of the Town.

c. Contiguous Parcels. To be eligible for consideration as a CSD, the tract shall consist of a parcel or set of contiguous parcels.

d. Land Division. To be eligible for consideration as a CSD, the tract may be a subdivision or a division of land pursuant to .L. c. 41, s. 81P, provided, however, that CSD may also be permitted where intended as a condominium on land not so divided or subdivided.

4363. DEFINITIONS.  Terms used in this Section that are defined in Article V (Definitions) of the By-Law shall have the meaning set forth in Article V. For the purpose of this Section, the following terms shall have the following meaning:

Conservation Subdivision Design (CSD) – A tract of land, designed and developed with mixed uses, with open space used for recreational purposes as an integral characteristic of the development, in a way that departs from the underlying zoning regulations concerning use of land or buildings, lot size, density, bulk or type of structure, lot coverage, or other requirements conventionally required in the district.

Usable Open Space – A parcel of land within the tract of land designated for a CSD, maintained and preserved for open space uses, and designed and intended for the use and enjoyment of residents and the general public. Usable open space shall include conservation use, historic preservation use, educational use, recreational use, park purposes, agricultural use, horticultural use, forestry use or for a combination of these uses including complementary structures, streets or parking areas and other improvements that are necessary and appropriate for the benefit and enjoyment of the usable open space. In calculating the amount of usable open space to satisfy the requirements of this by-law, complementary structures, streets or parking areas and other improvements that are necessary and appropriate for the benefit and enjoyment of the usable open space shall not be included. In addition, usable open space shall not include designated yard areas accessory to dwelling units within the CSD.

Recreation Use – Land devoted to recreational enjoyment including swimming facilities, hiking trails, tennis courts, and incidental facilities.

Age Qualified Residences – Dwelling units intended and operated for occupancy by persons fifty-five (55) years of age or older, and at lease ninety-five (95%) percent of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older and with no more than one person who is younger than fifty-five (55) years of age.

Below Market Value Residence - The determination of below market value made according to Executive Order 418 or any superceding order or legislation.

4364. SPECIAL PERMIT REQUIRED The Planning Board may authorize a CSD pursuant to the grant of a Special Permit. Such Special Permits shall be acted upon in accordance with the following provisions:

PRE-APPLICATION

1. Conference. The applicant is very strongly encouraged to request a pre-application review at a regular business meeting of the Planning Board and at a regular business meeting of the Board of Health, and, if the proposed CSD is located within the buffer zone of a wetlands, at a regular business meeting of the Conservation Commission. If one is required a meeting for a pre-application review is held by the Planning Board, the Planning Board shall invite the Conservation Commission, Board of Health, and the Board of Appeals. 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, Board of Health, and Conservation Commission at the earliest possible stage in the development. At the pre-application review, the applicant may outline the proposed CSD, seek preliminary feedback from the Planning Board, Board of Health, and Conservation Commission and/or its technical experts, and set a timetable for submittal of a formal application. At the request of the applicant, and at the expense of the applicant, the Planning Board, Board of Health, and/or Conservation Commission may engage technical experts to review the informal plans of the applicant and to facilitate submittal of a formal application for a CSD special permit.

2. Submittals. In order to facilitate review of the CSD at the pre-application stage, applicants are strongly encouraged to submit the following information:

a. 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 (including intersections)  that cross parcel lines or that are located on adjoining lands or are in close enough proximity to be adversely affected. This may enable the Planning Board, Board of Health, and Conservation Commission to understand the site in relation to what is occurring on adjacent

properties, or what could happen to surface and ground waters, wetlands, water supplies or other  environmentally sensitive features, and traffic patterns that could be adversely affected by the subdivision.

 2. Step Two: Locating House Sites. Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the Town’s historical development patterns. The number of homes enjoying the amenities of the development should be maximized.

 3. Step Three: Aligning the Streets and Trails. Align streets in order to access the house lots. 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. Draw in the lot lines when applicable.

 4366. PROCEDURES

1. Application. An application for a Special Permit for a CSD shall be submitted on the form(s) provided by the Planning Board in accordance with the Land Subdivision Rules and Regulation of the Planning Board. Applicants for CSD shall also file with the Planning Board twelve (12) copies of the following:

 A. CONCEPT PLAN. The Concept Plan shall include a Sketch Plan and a Yield Plan. The applicant shall submit both the Site Context Map and Existing conditions/Site Analysis map prepared according to Section 4364. 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.

 a. Sketch Plan. The Sketch Plan shall address the general features of the land, and give approximate configurations of the lots, open space and roadways.

(1) Quality Standards. Engineering specifications as to scale, number of copies, sheet size, and other requirements shall conform to those specified by the Planning Board Rules and Regulations for Subdivisions.

 (2) Required Content. The Sketch 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, the applicant and licensed professional who prepared the plans;

(c) The names, approximate location, and widths of adjacent streets.

(d) The proposed topography of the land shown at a contour interval no greater than + or – 2 feet. Elevations shall be referred to mean sea level or as specified in the Land Subdivision Rules and Regulations of the Planning Board;

(e) The location of existing landscape features including forests, farm fields, meadows, wetlands, waterbodies, archeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major long view, forest glades, major tree groupings, noteworthy tree specimens, and habitats of endangered or threatened wildlife, as identified as primary and secondary resources according to Section 4364(2)b. Proposals for all site features to be preserved, demolished, or moved shall be noted on the Sketch Plan;

(f) All on-site local, state and federal regulatory resource boundaries and buffer zones shall be clearly identified and all wetland flag locations shall be numbered and placed upon the Sketch Plan;

(g) Lines showing proposed private residential lots with approximate areas and frontage dimensions;

(h) All existing and proposed features and amenities including trails, recreation areas, pedestrian and bicycle paths, community buildings, offstreet parking areas, shall be shown on the plan and described in a brief narrative explanation where appropriate;

(i) The existing and proposed lines of streets, ways, Common driveways, easements and any parcel of land intended to be dedicated for public use or to be reserved by deed covenant for use of all property owners in the subdivision, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the subdivision in a general manner;

(j) Proposed roadway grades;

(k) Official soil percolation tests for the purpose of siting wastewater treatment options are not required for the Concept Plan. However, a narrative explanation shall be prepared by a certified Professional Engineer detailing the proposed wastewater systems that will be utilized by the development and its likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify whether individual on-site or off-site systems, shared systems, alternative to Title V systems, or any combination of these or other methods will be utilized;

(l) A narrative explanation prepared by a certified Professional Engineer proposing systems for stormwater drainage and its likely impacts onsite and to any abutting parcels of land. For example, the narrative will specify whether soft or hard engineering methods will be used and the number of any detention/retention basins or infiltrating catch basins. It is not intended to include specific pipe sizes. Any information needed to justify this proposal should be included in the narrative. The approximate location of any stormwater management detention/retention basins shall be shown on the plan and accompanied by a conceptual landscaping plan;

(m) A narrative explanation prepared by a certified Professional Engineer, detailing the proposed drinking water supply system and the CSD’s impact on the quantity and quality of the town’s water supplies.;

(n) A narrative explanation of the proposed quality, quantity, use and ownership of the open space. Open space parcels shall be clearly shown on the plan;

(o) All proposed landscaped and buffer areas shall be noted on the plan and generally explained in a narrative;

(p) A list of all legal documents necessary for implementation of the proposed development, including any Conservation Restrictions, land transfers, and Master Deeds, with an accompanying narrative explaining their general purpose;

(q) A narrative indicating all requested waivers, reductions, and/or modifications as permitted within the requirements of this by-law;

(r) A narrative by a certified traffic engineer about the expected impacts on traffic, including back ups and idling at intersections that could adversely affect air quality;

(s) A narrative by a certified professional engineer about the impacts of the proposed subdivision on surface and ground water quality and quantity, and stream flow 

 b. Yield Plan. Applicant shall submit a narrative explanation detailing the results of the determination of any proposed allocation of yield determined according to Section 4367, Basic Maximum Number of Lots, Units and Bedrooms.

 c. 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 public 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.

 2. Procedures. Whenever an application for a CSD Special Permit is filed with the Planning Board, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying development plan, and other documentation, to the Board of Health, Conservation Commission, Building Inspector, Department of Public Works, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish the copies necessary to fulfill this requirements. Reports from other boards and officials shall be submitted to the Planning Board within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five (35) day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five (35) day period. The Decision/Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.

 3. Other Information. 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 By-Law. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a Special Permit for a CSD with the public hearing required for approval of a definitive subdivision plan.

 4367. BASIC MAXIMUM NUMBER OF LOTS, UNITS AND BEDROOMS

The Basic Maximum Number shall be derived from a Yield Plan. The Yield Plan shall show the maximum number of lots (or dwelling units) that could be placed upon the site under a conventional subdivision. The Yield Plan shall contain the information required for a Sketch Plan as set forth above in Section 4366. The proponent shall have the burden of proof with regard to the Basic Maximum Number of lots (or dwelling units) resulting from the design and engineering specifications shown on the Yield Plan. The allowable number of dwelling units within a CSD shall be as follows:

1. In the case of single family residences, the maximum number of lots (or dwelling units) allowed in the CSD shall be the maximum number of lots (or dwelling units) that could be placed upon the site under a conventional subdivision;

2. In the case of multiple-family residences (with no more than two (2) bedrooms per dwelling unit), the allowable number of dwelling units shall not exceed one and a quarter (1-1/4) times the allowable number of conventional lots;

3. In the case of multi-family residences that are designated as age qualified and with no more than two (2) bedrooms per dwelling unit, the maximum number of dwelling units shall not exceed one and three quarters (1-3/4) times the allowable number of conventional lots.

4. For every two (2) units of each type of residence classified as below market residences, with the determination of below market value made according to Executive Order 418 or any superceding order or legislation, one (1) additional unit of the same type may be added as a density bonus. This density bonus shall not exceed ten (10%) percent of the basic maximum number;

5. An additional ten (10%) percent dwelling unit bonus shall be granted if the open space remains accessible to the public in perpetuity through either a full fee dedication to the Town or a conservation restriction with permanent access to the general public.

For all CSD density calculations which result in a fractional number, only fractions equal to or grater than .51 should be rounded up to the nearest whole number.

 4368. REDUCTION OF DIMENSIONAL REQUIREMENTS

The Planning Board encourages applicants to modify lot size, shape, and other dimensional requirements for lots within a CSD, 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 CSD; provided, however, that the Planning Board may waive this requirements where it is determined that such reduced lot(s) will further the goals of this by-law.

2. At least fifty (50%) percent of the required setbacks for the district shall be maintained in the CSD unless a reduction is otherwise authorized by the Planning Board.

 4369. OPEN SPACE REQUIREMENTS

1. The amount of useable open space, percentage of useable open space allowed for recreational use and the minimum amount of natural vegetation in a CSD shall be determined by the size of the un-subdivided land area.

2. For CSD’s from five (5) to twenty-five (25%) acres: A minimum of forty (40%) percent of the lot shall be useable open space. A total of twenty (20%) percent of the useable open space can be used for recreational purposes. Building lots within this group shall have a minimum of fifteen (15%) percent natural vegetation.

3. For CSD’s from twenty-six (26) to fifty (50) acres: A minimum of forty-five (45%) percent of the lot shall be useable open space. A total of twenty (20%) percent of the useable open space can be used for recreational purposes. Building lots within this group shall have a minimum of fifteen (15%) percent natural vegetation.

4. For CSD’s over fifty-one (51) acres: A minimum of fifty (50%) percent of the lot shall be useable open space. A total of twenty (20%) percent of the useable open space can be used for recreational purposes. Building lots within this group shall have a minimum of fifteen (15%) percent natural vegetation.

5. Requirements for open space

a. The percentage of the minimum required open space that is wetlands shall not exceed the percentage of the overall tract which is wetlands.

a. The percentage of the minimum required open space that is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes of this by-law.

b. The open space shall be contiguous. Contiguous shall be defined as being connected. Open Space will still be considered connected if it is separated by a roadway or an accessory amenity. The Planning Board may waive this requirement for all or part of the required open space where it is determined that allowing non-contiguous open space will promote the goals of this by-law and/or protect identified primary and secondary conservation areas.

c. The open space shall be used for wildlife habitat and conservation and the following additional purposes: historic preservation, education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, a combination of purposes. Useable open space may include paved or unpaved pedestrian walks and bike paths.

d. Wastewater and stormwater management systems serving the CSD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required.

 6. Ownership of the Open Space. The open space shall, at the Planning Board’s election, be conveyed to:

a. The Town or its Conservation Commission;

b. A non-profit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;

c. A corporation or trust owned jointly or in common by the owners of lots within the CSD. 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 which 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, it shall grant the Town an easement for this purpose. In such event, the Town shall first provide fourteen (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, in which case the trust or corporation shall be obligated to reimburse the Town. 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.

 4370. DESIGN STANDARDS

The following Generic and Site Specific Design Standards shall apply to all CSD’s and shall govern the development and design process:

1. Generic Design Standards

a. 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, and natural drainage ways shall be treated as fixed determinants of the road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.

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. Mixed-use 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.

d. 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.

e.   Historic, traditional or significant uses, structures, or architectural elements which exist on the site or on adjacent properties shall not be removed or disrupted.

2. Site Specific Design Standards

a. Mix of Housing Types. The CSD may consist of any combination of single family, two family and multifamily residential structures. A multifamily structure shall not contain more than six (6) dwelling units. Residential structures shall be oriented toward the street serving the premises and not the required parking area.

b.  Parking. Each dwelling unit shall be served by off-street parking spaces as specified in Section 3143. Parking spaces in front of garages may count in this computation. All parking areas with greater than eight (8) spaces shall be screened from view.

c.  Buffer Areas. A buffer area of twenty (20’) feet shall be provided at the following locations:

 (i) perimeter of the property where it abuts residentially zoned and occupied property; and

 (ii)existing public ways. Driveways necessary for access and egress to and from the tract 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 buffer requirement in these locations when it determines that a smaller buffer (or not buffer) will suffice to accomplish the objectives set forth herein.

d.  Drainage. The Planning Board shall encourage the use of “soft” (non-structural) stormwater management techniques (such as swales) and other drainage techniques that reduce impervious surfaces and enable infiltration where appropriate.

e.   Common/Shared Driveways.  A common or shared driveway may serve a maximum number of two (2) single family units.

f.    Screening and Landscaping.  All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.

g.   On-Site Pedestrian and Bicycle Circulation.  Walkways and/or bicycle paths shall be provided to link residences with parking areas, open space and adjacent land uses where appropriate.

h.  Natural Vegetation. At least twenty-five (25%) percent of the total area of the total tract shall be a natural vegetation area.

i.   CSDs shall be designed so as to avoid reducing the level of service on any roadways intersecting the roadways of the proposed subdivision. The determination of level of service and other factors related to traffic will be made through a complete traffic study that will meet the requirements of the Town Engineer of the Town of Sharon.

j.   CSDs shall be designed to be as energy-efficient as feasible to minimize the use of fossil fuels for heating and cooling.

k.  CSDs shall be landscaped with drought-resistant vegetation so as to eliminate the need for irrigation, and pest-resistant vegetation to eliminate the need for pesticides.

l.   CSDs shall use water-efficient toilets, washing machines, dishwashers, faucets, and showers to minimize water use.

 4371. DECISION OF THE PLANNING BOARD

The Planning Board shall hold a public hearing, for which notice has been given as provided in M.G.L. Chapter 40A, Section 11, within sixty-five (65) days from the date of the filing of such application. The decision of the Planning Board shall be made within ninety (90) days following the date of such public hearing. The required time limits for a public hearing and said action may be extended by written agreement between the petitioner and the Special Permit Granting Authority. The Planning Board may grant a Special Permit for a CSD if it determines that the proposed CSD has less detrimental impact on the tract than a conventional development proposed for the tract, after considering the following factors:

1. Whether the CSD meets the criteria for flexible development 4351(a), (b), (d), (e), (f), (g), (h – subsections 1-5), as well as achieves greater flexibility and creativity in the design of residential developments than a conventional plan;

2. Whether the CSD 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 CSD 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;

4. Whether the CSD reduces the total amount of disturbance on the site;

5. Whether the CSD furthers the goals and policies of the open space and comprehensive plan;

6. Whether the CSD 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 by-law.

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Last modified: 10/08/07