PROPOSED “CONSERVATION DEVELOPMENT” BYLAW REVISION
WENDELL FOREST CONSERVATION COMMITTEE
OVERVIEW
Historically in Wendell, existing parcels along roads are subdivided to create building lots. If the resulting lots conform to zoning bylaws (3 acres and 200 feet of road frontage), the owners may obtain building permits with no additional approval by the planning board. This results in sprawl along town roads.
The Proposed Bylaw revisions encourage a new form of development that maintains a working landscape, a viable wildlife corridor connecting the Quabbin Watershed through Wendell to the Connecticut River, and encourages ecologically responsible residential development.
Wendell undertook this planning project because the Town’s Community Development Plan (2004) and Open Space Plans both stated that Wendell’s pattern of residential growth could be redesigned to better fit Wendell’s forested landscape. Also, it was noted that the existing Conservation Development bylaw hasn’t been used, and could be replaced with a more appealing and up-to-date approach to housing development. Shutesbury provided an example last year by enacting its Open Space Design bylaw, a version of a technique called Natural Resource Protection Zoning (NRPZ).
Wendell and Pelham were awarded a grant from the Commonwealth (Smart Growth Technical Assistance Grant) to explore changes to zoning and Town regulations that might encourage forest conservation. Wendell Town Meeting voted $3,000 in matching funds in June 2006.
SUMMARY OF PROPOSED BYLAW REVISIONS
Two bylaw revisions work together: One regulates how often building permits can be allowed for lots subdivided from a larger parcel. The rate at which permits could be issued would be once every 7 years for such lots, thus slowing the roadside suburban sprawl typical of development in Wendell for the last 40 years. Landowners who want to develop lots more frequently can use the second bylaw, Conservation Development, with lots that don’t require 3 acres or 200 feet of frontage, but also have protected land. Both development options would be considered “by-right” in the revised Zoning Bylaws.
CONSERVATION DEVELOPMENT
Under the proposed bylaw a parcel(s) considered for development would be divided into two sections: 75% of the land, including areas determined to have the most significance for forest and timber management, biodiversity, wildlife habitat and corridors, historical importance, agriculture, visual assets, or recreational use, would be set aside with a permanent Conservation Restriction. The protected land may include land with development constraints (water bodies, wetlands, 100-year FEMA defined flood plains, or slopes over 25%) up to the same percentage of constrained land found in the whole parcel. The remaining 25% of the land may be developed with greater flexibility, streamlined reviews, without dimensional requirements, and allow creative building layout design consistent with the rural character of Wendell.
75% OF THE LAND TO BE PROTECTED FROM DEVELOPMENT
The applicant defines the area to be protected after a Conservation Analysis and the Conservation Findings are produced. First, an applicant meets with the Planning Board and prepares a Conservation Analysis of a parcel or project area (that could cover 2 or more parcels anywhere in Wendell, or be done on only part of a single parcel). The Conservation Analysis identifies areas of significant value in the project area. The Planning Board reviews the Conservation Analysis (assisted by other Boards and with public input), visits the site, and then prepares a Conservation Findings Report.
Then, the Applicant delineates the whole area(s) to be separated from a “development envelope” and drafts a Conservation Restriction to ensure that the delineated land is permanently protected from development. The Applicant defines this area, consistent with the Conservation Findings.
The Conservation Restriction may allow activities consistent with a working landscape, like tree cutting, agriculture, hunting, fishing, gathering, and trails, or it could limit one or more of those activities, at the option of the Applicant. If necessary, the protected land could contain a septic system or play area, subject to planning board approval.
25% OF THE LAND TO BE DEVELOPED
The draft Conservation Development proposal allows the Applicant to develop this area with greater flexibility and a streamlined permitting process. Most significantly, the limits on lot size and frontage are removed to foster flexibility and creativity in design.
The proposed bylaw would allow the Applicant to use common driveways of any length to access the dwelling units in the development. This saves the applicant the legal, financial and environmental costs of a standard subdivision road.
The proposed bylaw removes certain limits on secondary dwellings so that they can be among the dwelling units incorporated in the development envelope from the outset (not just for primary dwellings that are 10 years old).
FORMULA FOR DWELLING UNITS
The Conservation Development uses a formula for determining a maximum number of dwelling units, since frontage and acreage requirements don’t apply. It requires the Applicant to identify total acreage and acreage having development constraints (water bodies, wetlands, 100-year FEMA defined flood plains, or slopes over 25%). Half the acreage with development restraints is subtracted from the total lot acreage; the remaining acreage is then divided by 5 to calculate the maximum number of dwelling units.
Credit – to allow more dwelling units – is given for affordable housing as defined by MGL chapter 40B or for work the developer does to enhance public access to the protected land. Bonus density is also allowed in the developed area if 85% of the original parcel is preserved. The Committee is also considering a bonus for small lots that use this bylaw.
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Wendell Planning Board plans to mail information to all Wendell landowners and to hold Information meetings on April 6th and 8th at 7pm at Town Hall. The Planning Board will consider feedback received during those meetings to finalize the proposals for a May11, 2010 7 p.m. formal public hearing at Town Hall to precede Town Meeting consideration of the proposals
For more information contact:
Deirdre Cabral 544-3678
Michael Idoine 544-2623
Heather Reed 544-7705
write: Wendell Planning Board, PO Box 41, Wendell, MA 01379. call: Town Office 544-3395 x 203
Submitted March 3, 2010
