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BYLAW: Cluster Development 3
Download a .pdf file of this Bylaw
MUNICIPALITY: Carver, MA
DATE ADOPTED: Unknown
FOR MORE INFORMATION ON THIS BYLAW CONTACT:
Carver Planning Board
(508) 866-3450
TEXT OF THE BYLAW:
3800. CONSERVATION SUBDIVISION DESIGN
3810. Purpose.
The purpose of this Section 3800, Conservation Subdivision Design, is to encourage the
preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry,
and recreational use; to preserve historical and archeological resources; to protect the natural
environment; to protect the value of real property; to promote more sensitive siting of buildings
and better overall site planning; to perpetuate the appearance of Carver's traditional New England
landscape; to allow landowners a reasonable return on their investment; to facilitate the
construction and maintenance of streets, utilities, and public services in a more economical and
efficient manner; and to promote the development of housing affordable to low and moderate
income families.
3820. Applicability.
Any creation of five (5) or more lots, whether a subdivision or not, from a parcel or set of
contiguous parcels held in common ownership and located entirely within the Residence District,
may proceed under this Section 3800, Conservation Subdivision Design, pursuant to the issuance
of a special permit by the Planning Board, as indicated in Section 2230, the Use Regulation
Schedule. Such special permits shall be acted upon in accordance with the following provisions.
3830. Procedures.
Applicants for Conservation Subdivision Design shall file with the Planning Board six (6) copies
of the following:
3831. A Development Plan conforming to the requirements for a preliminary subdivision plan
under the Subdivision Regulations of the Planning Board. Such plan shall indicate proposed
topography, wetlands, and, unless the development is to be sewered, the results of deep soil test
pits and percolation tests at the rate of one per acre, but in no case fewer than four (4) per
Conservation Subdivision. Where wetland delineation is in doubt or dispute, the Planning Board
shall require the applicant to submit to the Conservation Commission a request for determination
of applicability pursuant to G.L. c. 131, s.40 and 310 CMR 10.05(3). The Planning Board shall
refer data on proposed wastewater disposal to the Board of Health for their review and
recommendation. The Planning Board may also require as part of the Development Plan any
additional information necessary to make the determinations and assessments cited herein.
3832. Four-Step Design Process.
Each Development Plan shall follow a four-step design process,
as described below. When the Development Plan is submitted, applicants shall be prepared to
demonstrate to the Planning Board that these four design steps were followed by their site
designers in determining the layout of their proposed streets, houselots, and open space.
a. Designating the Open Space. First, the open space is identified. The open space shall
include, to the extent feasible, the most sensitive and noteworthy natural, scenic, and
cultural resources on the property.
b. Location of House Sites. Second, potential house sites are tentatively located. House
sites should be located not closer than 100 feet to wetlands areas, but may be situated
within 50 feet of open space areas, in order to enjoy views of the latter without negatively
impacting the former.
c. Street and Lot Layout. Third, align the proposed streets to provide vehicular access to
each house in the most reasonable and economical way. When lots and access streets are
laid out, they shall be located in a way that avoids or at least minimizes adverse impacts
on open space. To the greatest extent practicable, wetland crossings and streets traversing
existing slopes over 15% shall be strongly discouraged.
d. Lot Lines. Fourth, draw in the lot lines. These arc generally drawn midway between
house locations.
3840. Modification of Lot Requirements.
The Planning Board may authorize modification of lot size, shape, and other bulk requirements
for lots within a Conservation Subdivision, subject to the following limitations:
3841. Lots having reduced area or frontage shall not have frontage on a street other than a street
created by a subdivision involved.
3842. Each lot shall contain not less than one-half of the area otherwise required in the district,
and have frontage of not less than 50 feet.
3843. Each lot shall have at least 50% of the required yards in the district.
3850. Number of Dwelling Units.
The maximum number of dwelling units allowed shall be equal to the number of lots which
could reasonably be expected to be developed upon that parcel under a conventional plan in full
conformance with all zoning, subdivision regulations, health regulations, wetlands regulations
and other applicable requirements. The proponent shall have the burden of proof with regard to
the design and engineering specifications for such conventional plan. The Planning Board may
require a conventional preliminary level subdivision plan to be submitted in order to demonstrate
potential.
3860. Open Space Requirements.
A minimum of 20% of the parcel shown on the Development Plan shall be contiguous open
space, excluding required yards and buffer areas. Such open space may be separated by the
road(s) constructed within the Conservation Subdivision. Not more than 25% of such open space
shall be wetlands, as defined pursuant to G.L. c. 131, s. 40.
3861. The required open space shall be used for conservation, historic preservation and
education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for
a combination of these uses, and shall be served by suitable access for such purposes.
3862. The required open space shall remain unbuilt upon, provided that ten percent (10%) of
such open space may be paved or built upon for structures accessory to the dedicated use or uses
of such open space, pedestrian walks, and bikepaths, and agriculture.
3863. Underground utilities to serve the Conservation Subdivision site may be located within the
required open space.
3864. The required open space shall, at the owner's election, be conveyed to:
a. the Town of Carver or its Conservation Commission;
b. 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; or
c. corporation or trust owned jointly or in common by the owners of lots within the
Conservation Subdivision. If such corporation or trust is utilized, ownership thereof shall
pass with conveyance of the lots in perpetuity. Maintenance of the 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 of Carver to perform
maintenance of the open space and facilities, if the trust or corporation fails to provide
adequate maintenance, and shall grant the town an casement 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. The owner of each lot shall be
deemed to have assented to the town filing a lien against each lot in the development for
the full cost of such maintenance, which liens shall be released upon payment to the town
of same. 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 in the Registry of Deeds.
3865. Any proposed open space, unless conveyed to the Town or its Conservation Commission,
shall be subject to a recorded restriction enforceable by the Town, providing that such land shall
be perpetually kept in an open state, that it shall be preserved for exclusively agricultural,
horticultural, educational or recreational purposes, and that it shall be maintained in a manner
which will ensure its suitability for its intended purposes.
3870. Buffer Areas.
All dwellings and structures shall be located a minimum of 50 feet from adjacent properties, and
100 feet from adjacent surface waters or wetlands. Buffer areas shall be retained in their natural
vegetative state to the maximum extent feasible, in accordance with G.L. c. 131, s. 40, the
Wetlands Protection Act, except where adjacent to agriculturally used property.
3880. Decision.
The Planning Board may approve, approve with conditions, or deny an application for a
Conservation Subdivision, after assessing whether the Conservation Subdivision better promotes
the objectives of Section 3610, herein, than would conventional development.
3890. Relation to Other Requirements.
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.
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