A bylaw that would compensate land owners for the preservation of open space while allowing for additional density in the residential sections of town was presented at a public workshop last Thursday in anticipation of being placed on the April Town Meeting warrant.

Grant King, planner with the Southeastern Regional Planning and Economic Development District explained the Transfer of Development Rights bylaw by saying, "What this bylaw does is enable private owners to separate their right to develop their land and basically sell it to another property owner in certain parts of town."

The land owner could make money and preserve critical environmental space by selling his development rights in an area that would be difficult to build, to a land owner in a more residential part of town.

"For a large cranberry grower, for every acre of bog he's got, he's got four to five acres of upland," said Selectman Peter Teitelbaum, explaining that after taking into account unbuildable areas such as wetlands, the land owner could estimate the number of lots he could build on his property and sell those rights to a specific area in town that is more conducive to residential housing and could handle additional density.

"It's smart to have something like this on the books with the thought to perhaps give some incentives not to build out there quite so fast, to perhaps shift the development closer in," he added.

"Communities using TDR are generally shifting development densities within the community to achieve both open space and economic goals without changing their overall development potential," according to a SRPEDD document.

The sale would occur in a free market between property owners, but the owner in the "receiving parcel" would still have to go before the Planning Board before being granted any special permits.

The number of development rights approved for transfer, when added to the number already allowed on the receiving parcel, would not exceed 12 multi-unit dwellings per acre or eight single-family dwellings per acre.

The sender would have a permanent conservation restriction placed on his land, he would still own the land, but could not develop any buildings on it.

Currently, the bylaw only deals with residential units, but selectmen agreed that, if the legislation works, they would add mixed-use retail spaces at some point down the road.

"If this passes we'll probably come back over the next three or four years and add pieces to it." Selectman Alan Slavin said. "The idea is to not only do this but look at the village concept we have with mixed-use retail and homes all in the same area."

Slavin said this type of development is referred to as "smart growth." He added that the commuter rail station potentially coming to town could serve as an ideal area for development.

Teitelbaum said a full blown Transfer of Development Rights bylaw including commercial properties would not get passed at Town Meeting.

"This is a simple first crack at the question to see if it works, and then we'll add on pieces," Teitelbaum said

TDR legislation has been put in place in Plymouth, Falmouth, Raynham among other towns in New England. Selectmen Patrick Tropeano said the town has received offers for Transfer of Development Rights legislation since the late 1990s.

Slavin said a public hearing on the TDR bylaw to be held on Monday, March 17.