The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 9 of chapter 40A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the fifth, sixth and seventh paragraphs and inserting in place thereof the following paragraphs:—
Zoning ordinances or by-laws shall provide for open space residential developments. Such ordinances or by-laws shall be adopted by cities and towns and shall provide that open space residential developments will be allowed either in a specific district or districts as a listed use within said district, or in multiple districts through overlay zoning. Such ordinances or by-laws may provide that open space residential developments shall be permitted upon the issuance of a special permit or upon review and approval by a planning board pursuant to the applicable provisions of sections 81K to 81GG, inclusive, of chapter 41 and in accordance with its rules and regulations governing subdivision control.
“Open space residential development” means a residential development in which the buildings and accessory uses or structures are clustered together into 1 or more groups separated from adjacent property and other groups within the development by intervening open land. An open space residential development shall be permitted only an a plot of land of such minimum size as a zoning ordinance or by-law may specify which is divided into building lots or designated building sites with dimensional control, density and use restrictions of such building lots varying from those otherwise permitted by the ordinance or by-law. The open land in such developments shall either be conveyed to the city or town for park, recreation, conservation, historic preservation, agriculture, forestry or any combination of such uses, or be conveyed to a non-profit corporation, the principal purpose of which is the conservation of open space or the furtherance of the uses set forth above, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the parcel. If a lot or unit owner corporation or trust is utilized, ownership of the open land shall pass proportionally to each lot or unit owner. In any case where such land is not conveyed to the city or town, as restriction which is enforceable by the city or town shall be recorded providing that such land shall be kept in an open or natural state or used in a manner set forth above and not be built for residential use.
Zoning ordinances or by-laws may also provide that planned unit developments shall be permitted upon the issuance of a special permit.