[Massplanners] [**EXT**] Re: Holding Open Space
Eric Salerno
esalerno at tyngsboroughma.gov
Thu Nov 2 11:33:18 EDT 2023
Hi Alison,
Our Conservation Director essentially echoed what Kristen said, but also
mentioned that locally, Dunstable has a long-standing trust that you could
get some pointers from (Tyngsborough's is in its very early stages but
doesn't have any stewards yet). Chelmsford's Land Conservation Trust
<https://www.clct.org/> works closely with COSS (Chelmsford Open Space
Stewardship <https://www.facebook.com/ChelmsfordOSS/>), which is an active
group that maintains many large and small areas around town, and could also
be helpful to look to for guidance.
-Eric
<http://tyngsboroughma.gov/>
Eric Salerno
Town Planner / Eco. Dev. Dir.
Town of Tyngsborough
978-743-5361 | tyngsboroughma.gov
esalerno at tyngsboroughma.gov
25 Bryant Lane, Tyngsborough MA 01879
<http://facebook.com/tyngsboroughma>
<https://www.linkedin.com/company/town-of-tyngsborough/>
<http://twitter.com/TyngsboroughMA>
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On Wed, Nov 1, 2023 at 12:28 PM Kristen Grubbs via MassPlanners <
massplanners at masscptc.org> wrote:
> Hi Alison,
>
> A few quick thoughts: I agree that towns and HOAs are often not the best
> steward of open space. It’s great if you can get a local or regional land
> trust involved very early on. Then, a Planning Board, during its permitting
> negotiations, can strive to achieve an open space area that actually has
> high resource and/or recreational public value, and meets the land trust’s
> criteria for being valuable open space. Ideally, if this is successful, the
> land trust will agree to be the holder and long-term steward of the open
> space (in fee or a CR). They are set up to be great stewards with regular
> monitoring, endowments for enforcement if needed, etc. Newbury has had some
> great success with OSRDs working with our regional land trust in this way.
>
>
>
> *Kristen C. Grubbs (she/her)*
>
> *Newbury Assistant Planner*
>
> Newbury Municipal Offices
>
> 12 Kent Way, Byfield MA 01922
>
> assist.planner at townofnewbury.org
>
> 978-465-0862, ext. 336
>
> M, W, Th 8-4; Tues 8-7
>
>
>
>
>
> *From:* MassPlanners <massplanners-bounces at masscptc.org> *On Behalf Of *Alison
> Manugian via MassPlanners
> *Sent:* Wednesday, November 1, 2023 11:59 AM
> *To:* Nate Kelly via MassPlanners <massplanners at masscptc.org>
> *Subject:* [Massplanners] Holding Open Space
>
>
>
> Our Open Space Residential Subdivision requirements are below. Our
> ongoing frustration is the holding of the open space. We are effectively
> ending up with horseshoe shaped open space with significant wetlands around
> every new development in Town. When the Town owns this we have no use for
> these parcels and any maintenance is difficult. When a HOA holds the space
> we end up being the caretaker regardless after protracted fighting with an
> HOA.
>
>
>
> What do other communities do that works well?
>
>
>
> Thank you,
>
> Alison
>
>
>
> Alison Manugian
>
> Community Development Director
>
> amanugian at dracutma.gov
>
> 978-453-4557
>
>
>
>
>
>
>
>
> 7.1.4 Common Land.
>
> Any development submitted pursuant to this section shall provide common
> land in area not less than the sum of the areas by which the building lots
> are reduced below the minimum lot area required for conventional
> development of the tract as per Section 4 of this By-law. All common land
> must have access to a roadway within the subdivision.
>
> All common land required herein shall be exclusive of land classified as
> wetland and shown on a map entitled "Wetland and Water Conservancy
> District, Town of Dracut 1977" consisting of twenty-five sheets and on file
> with the Town Clerk. Said land may be counted pursuant to the provisions of
> Section 4.1.2 of this By-law for the purposes of calculating "Minimum Land
> Area" and may be added to the "Common Land" only following the satisfaction
> of the basic requirements of this Section.
>
> The common land within the Open Space Residential Development may be
> conveyed by the owner/developer to one or more of the following entities,
> as appropriate:
>
> 1. Conveyance to the town for the sole purpose of passive or active
> recreational open space, agricultural land or other open space purpose,
> should the town be willing to accept and manage the property. The property
> is to be kept in an open and natural state, and may be subject to a
> conservation restriction prepared in accordance with the provisions of
> Section 31 and 33, inclusive, of Chapter 184 of the General Laws of the
> Commonwealth of Massachusetts.
> 2. Conveyance to the Commonwealth of Massachusetts as part of a state
> forest, park, or wildlife management area.
> 3. Conveyance to a non-profit corporation, the principal purpose of
> which is the conservation of open space and made subject to a conservation
> restriction prepared in accordance with the provisions of Sections 31 and
> 33, inclusive, of Chapter 184 of the General Laws of the Commonwealth of
> Massachusetts.
> 4. Conveyance to a corporation or trust owned or to be owned by the
> owners of lots or residential units within the plot and made subject to a
> conservation restriction prepared in accordance with the provisions of
> Section 31 and 33, inclusive, of Chapter 184 of the General Laws of the
> Commonwealth of Massachusetts.
> 5. Conveyance to a private owner for agricultural, horticultural,
> forestry or any other purpose and made subject to a conservation
> restriction prepared in accordance with the provisions of Section 31 and
> 33, inclusive, of Chapter 184 of the General Laws of the Commonwealth of
> Massachusetts.
>
> 7.1.5 Legal Requirements for Common Land Ownership and Maintenance.
>
> In the event that the common land and other facilities which may be held
> in common, are conveyed to a homeowners’ association, whose membership
> includes the owners of all lots or units contained in the tract or if the
> development is a cooperative, with owners holding shares in the cooperative
> association, then the following shall apply:
>
> 1. The owner/developer shall include in the deed to the owners of
> individual lots beneficial rights in said common land and shall grant a
> conservation restriction to the Town of Dracut and/or an appropriate entity
> noted in 7.1.3 above, over such land pursuant to Massachusetts General Laws
> Chapter 184 Sections 31-33, to insure that such land be kept in an open or
> natural state and not be built upon for residential use or developed for
> accessory uses such as parking or roadways;
> 2. This restriction shall be enforceable by the Town through its
> Conservation Commission in any proceeding authorized by Massachusetts
> General Laws Chapter 184, Section 33;
> 3. The developer shall be responsible for the maintenance of the
> common land until such time as the homeowners’ association is capable of
> assuming said responsibility or in the case of a trust, for the benefit of
> the tenant upon the execution of the trust. Prior to conveyance of the land
> to the homeowner’s association, the Planning Board, upon advice of the
> Conservation Commission, Open Space Committee and other applicable board or
> commission, shall review and approve a maintenance and operations plan for
> the upkeep of the open space parcels within the subdivision.
> 4. The homeowners’ association shall be responsible for the
> maintenance of the open space in accordance with the approved operation and
> maintenance schedule.
> 5. In order to ensure that the homeowners’ association will properly
> maintain the land deeded to it under this section, the developer shall
> prepare a Declaration of Covenants and Restrictions, which shall at a
> minimum provide for the following:
>
>
> 1. Mandatory membership in an established homes association as a
> requirement of residence or ownership of any lot in the tract.
> 2. Provisions for maintenance and tax assessment of all lots in
> order to ensure that the common land is maintained in a condition suitable
> for the uses approved by the homeowners’ association. Failure to pay such
> assessment shall create a lien on the property assessed, enforceable by
> either the homeowners’ association or the owner of any lot.
> 3. Provisions which, so far as possible under the existing law,
> will ensure that the restrictions placed on the use of the common land will
> not terminate by operation of law. This Declaration of Covenants and
> Restrictions shall be reviewed and approved by the Planning Board and their
> legal counsel and then shall be recorded with the Middlesex Registry of
> Deeds. A copy of said Declaration or trust shall also be filed with the
> Town Clerk. Prior to the Building Inspector's issuance of a building permit
> for any lot, the developer shall provide satisfactory assurance of the
> conveyance and recording as required above in the form of copies of the
> recorded instruments bearing the recording stamps.
>
>
>
>
>
>
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>
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