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    • 17.12

      Decision of the Planning Board:

      • A.

        Review and Decision

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 the Town of Sturbridge Rules and Regulations governing Special Permits – Planning Board adopted December 2, 2002 and as may from time to time be amended, and in accordance with MGL Chapter 40A, Sections 9 and 11 regarding submittal, review and decision. Where this bylaw requires additional submittals, those items shall also be submitted.

  • B.

    Approval Criteria

    • (1)

      Findings: The Planning Board may approve the development upon finding that it complies with the purposes and standards of the Open Space Residential Development bylaw and those standards for the issuance of special permits set forth in Section 24.09 of the Zoning Bylaws and G.L.

      • c.

        40A, §9, and is superior in design to a conventional subdivision with regard to protection of natural features and scenic resources of the site. The Planning Board shall consider the following criteria in making its decision:




Upland open space as required by this Bylaw has been provided and generally conforms to the Design Requirements in Section IV.K.5 of this Bylaw. Approximate building sites have been identified and are not located closer than fifty (50) feet to wetlands and water bodies. Proposed streets have been aligned to provide vehicular access to each house in a reasonable and economical manner. Lots and streets have been located to avoid or minimize adverse impacts on open space areas and to provide views of and access to the open


space for the lots. All lots and


meet the



requirements of Section IV.K.4 of this Bylaw.

    • (2)

      The Planning Board's findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit.

  • C.


The Planning Board shall impose conditions in its decision as necessary to ensure compliance with the purposes of this Bylaw. Approval of an Open Space Residential Development shall be conditioned upon Definitive Subdivision approval as applicable. Lands made subject to an OSRD special permit may not be further divided so as to


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