The Planning Board may grant a Special Permit for an OSRD as detailed in Chapter 300, Zoning, Part 3, Article VIII. Applicants shall comply with all requirements of that chapter and these rules and regulations.
An application for an OSRD special permit may be filed by a property owner, agent or prospective purchaser who submits certification (such as an executed purchase and sales agreement) of property interest and authority to file. Applicants should refer to Chapter 300, Zoning, Part 3, Article VIII, for complete information related to the pre-application and design process.
An application for an OSRD special permit shall be made on an official form which shall be furnished by the Planning Department upon request. Forms can be found in this document and may also be obtained on the Town of Sturbridge website: http://www.Town.sturbridge.ma.us.
The completed application form, original concept plan (which shall include a conventional yield plan and OSRD plan as discussed in Chapter 300, Zoning, Part 3, Article VIII) and 15 copies shall be submitted to the Planning Department during regular business hours, with an additional copy filed forthwith with the Town Clerk by the applicant. The effective date of the submittal shall be the date the plans are submitted to the Town Clerk. At least one copy of the plan shall be produced in size 11 inches by 17 inches. Additionally, all application submittals shall be provided as a PDF in a digital format. At a minimum, the information outlined in this section shall be furnished by the applicant, or a request for waiver shall be submitted in writing.
Conventional yield plan. The conventional yield plan shall contain, at a minimum, the following information:
Parcel boundaries, North point, date, legend, title "Conventional Yield Plan" and scale.The name and address of the record owner or owners, the applicant and the design engineer and/or land surveyor that prepared the plan.
The names of all abutters as determined from the most recent Assessors' records. The names, approximate location and widths of adjacent streets. The locus of the land shown on the plan at a scale of one inch equals 1,000 feet. Existing topography at two-foot contour intervals. Map of soils using NRCS soils mapping.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 yield plan.
Lot lines with approximate areas and frontage dimensions, or unit placements and proposed common areas.
Location and extent of parking, landscaping, stormwater management, water supply and wastewater management service areas that would be required to accommodate the use.
If available, the location and results of any test pit investigations for soil profiles, percolation rates and determination of seasonal high groundwater levels.
OSRD plan. The OSRD plan shall address the general features of the land, and give approximate configurations of the proposed lots, of open space, and roadways and shall at a minimum contain the following information:
Topography at two-foot intervals and approximate location of any wetlands (as defined by MGL c. 131, § 40 and by Sturbridge Conservation Commission regulations[1]), to include any abutting parcels within 200 feet.
Editor's Note: See Ch. 365, Wetlands Regulations.The location of existing landscape features, including forests, farm fields, meadows, wetlands, riverfront areas, water bodies, archaeological and historic structures or points of interest, rock outcrops, boulder fields, stone walls, cliffs, high points, major land views, forest glades, major tree groupings, noteworthy tree specimens and habitats of endangered or threatened wildlife, as identified as primary and secondary resources. Proposals for all site features to be preserved, demolished or altered shall be noted on the OSRD plan.
The location, names, widths and condition of adjacent streets, approaching or near the proposed development, and the proposed lines of streets, ways, 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 development, or parcels of land or lots to be used for any purpose other than private residential shall be so designated within the development in a general manner.
Proposed roadway grades.Official soil percolation tests for the purpose of siting wastewater treatment options shall be required as determined by the Planning Board. However, a narrative explanation shall be prepared by a Massachusetts 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. Additionally, the narrative shall describe potential flows and shall explain how the proposal will meet Massachusetts Department of Environmental Protection (MADEP) and local standards for wastewater systems, whether individual or shared.
A narrative explanation prepared by a Massachusetts certified professional engineer proposing systems for stormwater drainage and likely impacts on-site and to any abutting parcels of land. For example, the narrative will specify whether soft or hard stormwater management techniques 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 proposed system of drainage, including existing natural waterways in a general manner shall be shown on the plan and accompanied by a conceptual landscaping plan.
A narrative explanation prepared by a Massachusetts certified professional engineer, detailing the proposed drinking water supply system.
A narrative explanation of the proposed quality, quantity, use and ownership of the open space. Proposed open space parcels shall be clearly shown on the plan. Additionally, the proposed open space parcels shall be shown on a plan in relation to other existing protected lands within the Town. Applicants shall contact the Planning Department for electronic and/or paper copies of the most recent protected lands mapping for this purpose.
All proposed landscaped and buffer areas shall be noted on the plan and generally explained in a narrative.
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.
A narrative indicating all requested waivers, reductions and/or modifications as permitted within the requirements of this bylaw.
A narrative providing preliminary findings, in a general way, of the environmental impact analysis if expected to be required. (Note: An environmental impact analysis is required for any subdivision proposing five or more dwelling units. See the Town of Sturbridge Subdivision Regulations for detailed information.[2])
Editor's Note: See Ch. 350, Subdivision Regulations.Development impact statement (DIS). Applicants shall submit a DIS as discussed in Chapter 5 of these rules and regulations. The submittal requirements of this section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of the Zoning Bylaw. To the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for an OSRD special permit with the public hearing required for approval of a definitive subdivision plan.
Fees for an OSRD application shall be the same as those specified in Chapter 2, Special Permits. This special permit fee shall be in addition to fees required by the Subdivision Regulations.[1]
Editor's Note: See Ch. 350, Subdivision Regulations.Whenever an application for an OSRD special permit is filed with the Planning Department, the Department shall forward, within five 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, DPW Director, Police Chief and Fire Chief, for their consideration, review and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Planning Board within 35 days of receipt by 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 Planning Board opens the public hearing on the application prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period.
With respect to materials submitted, time limits for action and other such procedural matters, the Planning Board shall act in accordance with the procedures specified in Chapter 2, Special Permits, and in accordance with the Rules and Regulations Governing the Subdivision of Land, Sturbridge, Massachusetts (2002), as may from time to time be amended.[1]