[Massplanners] Open Space / Natural Resource Protection bylaws, Ma Smart Growth

[Heidi Ricci]

Hi Rachel and all

Here is what I have for a list of OSRD/NRPZ by-right communities.  I'm sure it is incomplete, and if anyone knows of others please share with me so I can add to the list.

I agree with Jeff's points about cluster vs. NRPZ although the state in their model uses the terms somewhat interchangeably.  The key point here is by-right rather than special permit.  Lots of communities have adopted some form of OSRD, Cluster, Conservation Subdivision, etc. with requirements for a Special Permit.  Often those bylaws are not used much, since the certainty of the by-right subdivision approach is understandably preferred from a business perspective.

I've heard more times than I can count about community reluctance to adopt OSRD or NRPZ by-right.  Once people understand that if they want development to preserve some useful open space and not consume every available square foot of upland, they need to make that the by-right permitting path, that has tended to help get the votes needed for adoption.  I acknowledge it is never easy to change zoning at Town Meeting though.

Hope this is helpful.  Good luck!

Heidi

E. Heidi Ricci (she/her(s))
Director of Policy and Advocacy

Mass Audubon
208 S. Great Road, Lincoln, MA  01773
hricci at massaudubon.org<mailto:hricci at massaudubon.org> | 781-259-2172 or 721-622-8911 (cell)
massaudubon.org<http://www.massaudubon.org>







From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of ruralplanningassociates--- via MassPlanners
Sent: Wednesday, October 26, 2022 11:29 AM
To: 'Benson, Rachel' <RBenson at wrentham.gov>; massplanners at masscptc.org
Subject: Re: [Massplanners] Open Space / Natural Resource Protection bylaws, Ma Smart Growth

Hi, Rachel:

The state model is kind of bifurcated into two approaches - Open Space Residential Design (OSRD: a form of cluster zoning), and Natural Resource Protection Zoning (NRPZ: it's own zoning indexed to subdivisions). I have attached a description of NRPZ, which I favor.

OSRD is often adopted as an option for developers to consider.  If you make it by special permit, experience shows it may not be selected very often.  NRPZ IS the zoning that applies to residential subdivision, and is offered by-right.  But deviations, including conventional subdivision, may be sought only via special permit. This flips the old model where conventional remain by-right and cluster is more tediously permitted by special permit.

I have found good acceptance of NRPZ once it's adequately explained to boards, landowners, and residents.

Happy to elaborate if you contact me.

Best regards,

Jeff Lacy
Rural Planning Associates
(413) 230-9693


From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Benson, Rachel via MassPlanners
Sent: Wednesday, October 26, 2022 8:45 AM
To: massplanners at masscptc.org<mailto:massplanners at masscptc.org>
Subject: [Massplanners] Open Space / Natural Resource Protection bylaws, Ma Smart Growth

Hi All,
We are in the final stages of updating our Open Space Bylaw using the State's Smart Growth model Open Space Design bylaw and I wanted to get a sense of what communities have adopted this or a similar Open Space bylaw where the use is by-right, putting it on the same playing field as conventional subdivisions.
What was your biggest hurdle in adopting the bylaw? And now that you've adopted it what has your experience been with projects using the bylaw?

We've been working on this update since 2019 and there has been some last minute "cold feet"/"nay-sayers" claiming that its being rushed and we need to study and get it right. I'm attributing this to the fact that we are changing our existing bylaw from Special Permit to By Right so there is a perceived loss of control by board members/residents. We all also know that no bylaw is perfect the first time around. You do your best with what resources/information you have and go from there, making sure to give the bylaw enough flexibility so you can work around those "hiccups" when they come up.

I've found the resources/meetings that Harvard did with Randall Arendt very helpful.

Any notes, ideas and experiences you can share would be greatly appreciated.

Thank you and have a great day!

Rachel Benson
Director of Planning & Economic Development
Planning & Community Development
Town of Wrentham
79 South Street
Wrentham, MA  02093
508-384-5400 x5441
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