3.11 Residential Cluster Development
*93 Amended Oct 18, 2010, Article 4
3.11.A Purpose
The purpose of this Residential Cluster Development (RCD) By-law is to provide an alternative residential subdivision design concept to increase the supply of desirable housing in the Town of West Boylston, while maintaining or creating additional open spaces within the community.
Accordingly, the provisions of this section are intended to:
(1) allow Residential Cluster Development in all zoning districts where residential use is allowed, subject to Subdivision Approval.
(2) allow greater flexibility and creativity in the design of residential developments,
(3) preserve the rural character while increasing the supply of attractive housing in the Town of West Boylston,
(4) encourage the permanent protection and preservation of open space, agricultural and forestry land, and to protect natural and/or historical resources and vistas; and
(5) encourage a greater diversity and distribution of housing to meet the needs of West Boylston residents and employees of the Town.
3.11.B Definitions
Basic Density: The number of residential dwelling units or lots (in a subdivision) as allowed in the zoning district without regard to this section and without waivers to the West Boylston Subdivision Regulations.
Cluster Development: A development pattern that arranges the layout of buildings in a compact area of the site so as to reserve a portion of the site for community open space or green space that is protected in perpetuity.
Dwelling Unit: A single habitable space with facilities which are used, arranged or designed to be occupied for living, sleeping, cooking and eating.
Protected Open Space: The portion of the tract(s) set aside in common ownership controlled by a Homeowners’ Association and with a perpetual conservation restriction under G.L. c.184, §§31-32 held by the Town of West Boylston or by another governmental body or by a charitable corporation or trust. The Protected Open Space shall not consist of more than 50% of land that is considered wetland and/or contains slopes greater than 25%.
3.11.C Applicability
The provisions of this Section shall apply in all zoning districts where residential use is permitted. The tracts must have a minimum area of five (5) acres. The applicant shall follow the procedures stipulated in Section 3.11.E, and the West Boylston Subdivision Regulations. All requirements and procedures must be satisfied before a Building Permit may be issued.
3.11.D Standards
(1) The maximum number of lots/dwelling units permitted within the RCD shall be based on the Basic Density unless granted a Special Permit under the Incentive Bylaw, Section 3.10 of the Zoning Bylaws.
(2) The Protected Open Space shall be a minimum of forty (40) percent of the tract area.
(3) A minimum vegetated buffer of 30 feet wide and 8 feet high shall be required along the perimeter of the development tract that borders public ways, Residential Districts or residential uses. This vegetated buffer shall provide visual screening during all seasons. Access ways shall be the only allowable openings. This vegetated buffer can be used as all or part of the Protected Open Space.
(4) There shall be a minimum lot frontage of 50 feet for subdivided lots in the development tract.
(5) Multi-family housing must be located where multi-family use is allowed according to Section 3.2.B Schedule of Use.
(6) There shall be a minimum building setback of 50 feet from all tract perimeter boundaries.
(7) There shall be a minimum 10 foot setback from internal lot lines.
(8) There shall be a minimum lot size of 5,000 square feet. (Chapter 40A, Sec. 6).
3.11.E Procedures
All projects shall comply with the following procedures as applicable:
(1) Pre-application Meeting: The applicant is encouraged to request a pre-application meeting with the West Boylston Planning Board to discuss the project proposal.
(2) Submit Planning Board RCD Application Package: The applicant shall make a formal application that includes two design plans: one following conventional Preliminary Subdivision design (to determine the Basic Density), as well as the Residential Cluster Design subdivision to the West Boylston Planning Board. The applicant is required to comply with all other applicable Zoning and/or Subdivision Regulations not expressly specified in this section. Low impact development concepts and practices are strongly encouraged.
(3) Planning Board Review: The Planning Board shall hold a public hearing regarding the application and follow the process in accordance with the Subdivision regulations. The Planning Board decision may require modifications, conditions and safeguards
(4) Planning Board Decision: Following the close of the public hearing, the Planning Board shall issue Definitive Subdivision Plan Approval as the specific timeline of approval stipulates, and which shall contain conditions of approval.
3.11.F Administration and Enforcement
(1) Authority: The Planning Board shall be the authority to administer and enforce this section
(2) Legal restrictions: All restrictive instruments shall be subject to prior review and approval by the Planning Board and no occupancy permits may be issued until the Planning Board, in consultation with Town Counsel, issues such approval. All Subdivision and/or Homeowner or Condominium documents and fees shall be subject to review and approval by the Planning Board and review and approve as to form by Town Counsel.
(3) Timing of commitments: All contractual agreements with the Town and other documents necessary to ensure compliance with this Section shall be executed prior to and as a condition of the issuance of a Building Permit or occupancy permit, as may be specified herein.
(4) Timing of construction: As a condition of the issuance of approval under this Section, the Planning Board may set a time schedule for the construction. When no schedule is specified as a condition of approval, all construction in the development must be completed within five (5) years of the date of approval.
(5) The Planning Board may adopt regulations to facilitate the administration of this section.
3.11.G Conflict with Other By-laws
The provisions of this by-law shall be considered supplemental to existing zoning by-laws. To the extent that a conflict exists between this by-law, and others, the provisions of this by-law shall apply.
3.11.H Severability
In case any paragraph or part of this Section should be for any reason declared invalid or unconstitutional by any court of last resort, every other paragraph or part shall continue in full force and effect.
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