Published March 4, 2020
By DAN TOMASELLO
LYNNFIELD — A proposed zoning change seeking to protect open space was unveiled during the Planning Board’s Feb. 26 meeting.
The Planning Board is hoping to finalize the Open Space Residential Design (OSRD) Bylaw before the Board of Selectmen closes the April 30 Town Meeting warrant on Monday, March 23. The Planning Board discussed a draft of the bylaw last week.
Massachusetts Area Planning Council (MAPC) Senior Land Use Planner Ella Wise said the Planning Board has been working on the OSRD Bylaw since last November. She said the town was awarded a $33,800 state grant, which was used to help finance the draft.
“The goal is to amend the Zoning Bylaw to promote the preservation of open space while allowing appropriate residential development,” said Wise.
Wise said the proposed OSRD Bylaw would be in compliance with the town’s existing Zoning Bylaw and subdivision regulations.
“The only thing that is different is when a developer has a parcel, the bylaw that we drafted requires them to identify the natural and cultural resources on the site,” said Wise. “The developer then will need to locate the house sites away from those natural resources. The frontage requirements and lot size requirements are relaxed to allow clustering so that resources on the site are protected.”
While Wise said the proposed OSRD Bylaw seeks to allow new homes “to be spread out over a certain percentage on the land,” she said the homes would be “more clustered.”
In addition to protecting natural resources, Wise said the proposed bylaw will reduce infrastructure costs for developers as well as reduce impervious surfaces and runoff. She also said the proposed bylaw would reduce water consumption.
“It provides thoughtful community design,” said Wise. “It is used in towns throughout the Boston region.”
Wise said the town’s existing Zoning Bylaw allows conventional subdivisions by-right.
“What we are proposing is that instead of that by-right, developers would have to protect some land and cluster those same houses,” said Wise. “Developers will be able to still build a conventional subdivision, but they will need a Special Permit. There is precedent for making OSRD Bylaws by-right. Shrewsbury and Ayer have OSRD by-right.”
Wise said “a super majority” of the Planning Board will be needed to approve projects as part of the proposed OSRD Bylaw. She informed the Villager that four-fifths of the Planning Board will need to sign off on projects associated with the OSRD.
The MAPC consultant said the proposed bylaw seeks to allow duplexes to be built in “certain instances to better promote housing options for starter homes or empty nesters.” Wise also said the proposed bylaw would allow Special Permits for affordable housing and would provide public access to green spaces. She said the affordable homes built under the bylaw would have deed restrictions.
Additionally, Wise said the proposed OSRD Bylaw includes “density bonuses” that can be provided by Special Permits.
Wise said the drafted OSRD Bylaw would apply to Single Residence B, Single Residence C and Single Residence D zoning districts. She said the proposed bylaw would not apply to Single Residence A districts. She said the proposed bylaw will not increase density.
“The small cottage clusters are really two-bedroom homes,” said Wise. “They attract empty nesters and young professionals more so than families with children.”
Reaction
After Wise gave an overview of the proposed OSRD Bylaw, the Planning Board and members of the public asked a variety of questions.
Planning Board member Charlie Wills said if the proposed bylaw leads to an increase in smaller homes being constructed in town, he said, “They are going to get taxed for less.”
“But there would be more of them,” said Planning Board Chairman Brian Charville in response.
Tree Committee Chairwoman Jane Bandini suggested that the proposed bylaw reduce the 40-foot height limit requirement for homes built in town.
Planning Board member Kate Flaws said, “That would have to be part of a larger zoning change that covers the entire town.”
“I don’t think you want to target OSRD with a height restriction that doesn’t apply to everything else,” said Flaws.
Charville agreed.
“The intent of this was not to change the height limitation,” said Charville.
Hayes Engineering President Peter Ogren aired concerns that the proposed bylaw would prohibit septic systems from being constructed in green spaces.
Planning and Conservation Director Emile Cademartori said the proposed bylaw would allow septic systems to be built.
In response to a question from a woman in the audience, Wise said either a homeowner’s association, a nonprofit organization or the Conservation Commission would oversee green spaces associated with the proposed OSRD Bylaw.
“I think it is going to be very project specific,” added Cademartori.
Marchionda and Associates President Paul Marchionda came out against the proposed bylaw.
“I think trying to preserve open space and minimizing disruptions of property is a very good goal, but the way you are going about it is not the right way in my opinion,” said Marchionda. “You are trying to strike away the matter-of-right subdivision for someone who owns some land. There is so much uncertainty in these regulations.”
Cademartori said the proposed OSRD Bylaw “includes a by-right option.”
“We haven’t removed that,” she said. “There is an opt-out for conventional subdivisions.”
While Planning Board candidate Edward Champy said the bylaw’s affordable housing density bonus is a “good idea,” he said, “If there is a 2-to-1 ratio, no one will build it.”
“It takes one market rate unit to make up for one affordable unit,” said Champy. “We can put it in there as a community, but if the ratios don’t benefit the developer, they won’t get built.”
After the discussion, the Planning Board requested Cademartori to separate the proposed OSRD Bylaw into three separate sections: A standard version of the OSRD Bylaw, a version including density bonuses and a version containing cottage clusters.
The Planning Board will continue discussing the proposed OSRD Bylaw on Wednesday, March 18, taking place at 7 p.m. in the Joe Maney Meeting Room.