Article 9: Amendment to the Zoning Bylaws, Section 2.3.7 - Major Residential Development |
To see if the Town will vote to amend Section 2.3.7 of its Zoning Bylaws as follows (deletions in (parenthesis and italics) and additions are underlined); or do or act relating thereto.
2.3.7 Major Residential Development
2.3.7.1 Applicability
Lands affected by this section 2.3.7 includes residentially zoned property, or set of contiguous properties, in common ownership, or in common ownership as of June 10, 1996. The term “common ownership” shall be defined as ownership by the same person or persons or legal entities, or ownership by any two or more persons or entities, as evidenced by control, pursuant to established law.
A Major Residential Development shall mean any (subdivision(s), as defined and limited by MGL Chapter 41, Section 81L,) division of land which in any five year period (, either):
a) comprises 15 acres or greater of new residential lots (and road rights-of-ways); (or) and
b) results in the creation of (greater than 7 residential lots) six or more residential lots.
(c) results in the construction of greater than 500 feet of new roadway.)
Any subsequent (subdivision proposal) division of land which, if approved, would result in total development in excess of any of the preceding thresholds in any five year period, shall itself be subject to this section 2.3.7, and shall cause any previously approved (subdivision(s)) division(s) of land which contributed to the aforesaid threshold calculation to then also be subject to this section 2.3.7 as a part of that subsequent (subdivision) proposal to divide land.
2.3.7.2 Approval
Major Residential Development shall be allowed only through the special permit process set forth in Section 2.3.6 Farmland and Open Space Planned Residential Development and this section.
2.3.7.3 Purpose
The purpose of this section is to preserve the natural and cultural resources of Bolton by insuring the larger-scale conversion of land to residential use does not consume all of the town’s woodlands, fields, farmlands, historic structures and landscapes, orchards, cart paths, rock walls, geologic formations, water courses, wetlands, riparian zones, groundwater recharge areas, hilltops, scenic vistas, and other significant open spaces.
2.3.7.4 Decision
The Planning Board shall make a decision for all Major Residential Developments whether the plan developed in accordance with Section 2.3.6 provides a superior alternative in consideration of the criteria set out in Section 2.3.7.5 in which case, the Planning Board may require that the development occur in accordance with the plan consistent with Section 2.3.6. If the Planning Board does not find that the plan consistent with Section 2.3.6. is superior, the proponent may select whether to pursue development under Section 2.3.6 or use (a traditional subdivision) other development options pursuant to Town Bylaws.
2.3.7.5 Decision Criteria
The Planning Board, in making its decision as to whether to require development in accordance with Section 2.3.6 or to allow a traditional (subdivision) division of land, shall evaluate both plans and choose the development method which best meets, in the opinion of the Planning Board, the purpose of this section and the criteria set forth in Section 2.3.6.8 (c).
Sponsor: Planning Board
Summary: The proposed action expands the definition of “Major Residential Development” to include not just developments with new subdivision roads. The classification of a proposed development as “Major Residential Development” requires the applicant to file a cluster development plan that shows at least 33% open space pursuant to the Farmland and Open Space Planned Residential Development (FOSPRD) bylaw. The amendment would require that in all developments of more than 5 houses, the option of setting aside open space would need to be considered.
Board of Selectmen Recommendation: Approved (2 to 1)
Advisory Committee Recommendation: Approved
Vote Required: 2/3 majority
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