Town of Winchendon, MA Article IV Special Zoning Districts

§ 300-4.1 Ice Racing District.

A. The following land shall be included in an overlay district to be known as the "Ice Racing District": the bodies of water known as Whitney Pond and Mill Glen Pond, otherwise known as Carter's Pond, which is located near Old Baldwinville Road and Mill Glen Road. Within this overlay district, ice racing of motor vehicles, including automobiles, and practices therefor shall be permitted subject to the conditions in Subsections B and C. The term "ice racing" shall mean the racing of motor vehicles on frozen water bodies.

B. A special permit issued by the Zoning Board of Appeals in accordance with MGL c. 40A, § 9 shall be required. Such special permits shall expire on March 15 each year. Permits may be renewed after a new hearing. An applicant for a permit shall demonstrate at the public hearing to the satisfaction of the Zoning Board of Appeals that:

(1) The applicant owns or has a legal right to use the body of water involved.

(2) The applicant owns or has a legal right to access the body of water from a public way adequate to handle the expected traffic.

(3) Issuance of the permit will not create a nuisance to other persons by way of noise, odors, lights, or traffic congestion.

(4) Adequate parking will be provided.

(5) Ice racing will be conducted only according to the rules and guidelines of the International Ice Racing Association or other recognized sanctioning body.

(6) The applicant has secured adequate casualty and liability insurance.

(7) The applicant has made arrangements for spills of hazardous materials to be immediately cleaned up by a qualified HAZMAT cleanup agency.

(8) The applicant has made arrangements for adequate sanitary facilities.

(9) The applicant has made arrangements for police details adequate to control traffic, parking and crowd control.

C. Ice racing or practices by ice racing vehicles shall be conducted only on Saturdays and Sundays between January 2 and March 15 in not more than five periods. This restriction shall apply to each body of water separately. Ice racing and practice sessions shall be conducted only between 10:00 in the morning and sunset. On Sundays the hours shall be 12:00 noon to sunset.

§ 300-4.2 Mill Conversion Overlay District (MCOD).

[Amended 1-29-2007]

A. Purpose. The purpose of this section is to create an overlay district:

(1) To allow for conversion of Winchendon's historic mills while preserving the character of nearby residential and commercial neighborhoods;

(2) To encourage the preservation, reuse and renovation of historic mill properties; and

(3) To promote diversified housing opportunities and uses such as commercial, retail or office use, or a combination of such uses.

B. Applicability. The applicant must own, or be the beneficial owner of, all the land included in the proposed Mill Conversion Project (MCP), or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the applicant giving them the right to acquire the land to be included in the MCP.

C. Establishment. The Mill Conversion Overlay District ("MCOD") is hereby established and shall be construed as an overlay district. Within the MCOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supersede such underlying requirements or provide an alternative to such requirements. The MCOD shall consist exclusively of the following properties (as shown on the Assessor's Map dated January 2005):

(1) Former Sanborn Mill Property:

Parcel 1: Winchendon Assessors Map 6B1, Parcel 1

Parcel 2: Winchendon Assessors Map 6B1, Parcel 6

Parcel 3: Winchendon Assessors Map 6B1, Parcel 8

Parcel 4: Winchendon Assessors Map 6B1, Parcel 35

Parcel 5: Winchendon Assessors Map 6B1, Parcel 5

(2) Former N.D. White and Company Property:

Parcel 1: Winchendon Assessors Map 5B3, Parcel 95

Parcel 2: Winchendon Assessors Map 5B3, Parcel 177

Parcel 3: Winchendon Assessors Map 5B3, Parcel 93

Parcel 4: Winchendon Assessors Map 5B3, Parcel 96

Parcel 5: Winchendon Assessors Map 5B3, Parcel 97

Parcel 6: Winchendon Assessors Map 5B3, Parcel 98

Parcel 7: Winchendon Assessors Map 5B3, Parcel 99

(3) Former Goodspeed Machine Company Property:

Parcel 1: Winchendon Assessors Map 5B3, Parcel 100

Parcel 2: Winchendon Assessors Map 5B3, Parcel 102

Parcel 3: Winchendon Assessors Map 5B3, Parcel 153

Parcel 4: Winchendon Assessors Map 5B3, Parcel 157

Parcel 5: Winchendon Assessors Map 5B3, Parcel 158

Parcel 6: Winchendon Assessors Map 5B3, Parcel 159

Parcel 7: Winchendon Assessors Map 5B3, Parcel 160

Parcel 8: Winchendon Assessors Map 5B3, Parcel 161

Parcel 9: Winchendon Assessors Map 5B3, Parcel 162

D. Special permit required. In accordance with this section, the Planning Board may grant a special permit for a Mill Conversion Project ("MCP") within the MCOD. No other use or structures shall be permitted in conjunction with an MCP, except as specifically provided herein.

E. Procedures and administration.

(1) Rules and regulations. The Planning Board shall adopt rules and regulations consistent with the provisions of this section and shall file a copy of the rules and regulations with the Town Clerk. The rules and regulations shall address the size, form, contents, style and number of copies of plans and other submittals and the procedure for review of special permits.

(2) Pre-application conference. Applicants are encouraged to request a pre-application conference at a meeting of the Planning Board.

(3) Site visit. The Planning Board may conduct a site visit as part of its review. At the site visit, the Board and/or its agents shall be accompanied by the applicant and/or its agents.

(4) Relationship of special permit to other requirements. The submittals and permits of this section shall be in addition to any other permits or requirements of any other law or regulation, including but not limited to the Wetlands Protection Act (MGL c. 131, § 30) and the Subdivision Control Law (MGL c. 41, §§ 81G through 81KK).

F. Application.

(1) Application requirements. An application for a special permit shall be submitted to the Planning Board and shall include all of the following:

(a) Application form. A completed application form.

(b) Plans. The following plans:

[1] Existing site conditions, including topography, water bodies and streams, wetlands, historic features, existing structures, easements and rights-of-way, and means of access;

[2] Proposed grading and landscaping;

[3] Proposed lighting;

[4] Proposed utilities, including but not limited to water, wastewater, electric power, fuel, security and telecommunication systems, and cable television;

[5] Proposed stormwater system;

[6] Proposed pedestrian and vehicular access, circulation, parking and loading;

[7] Structures to be retained, demolished, and new construction;

[8] Building elevations and perspectives;

[9] Floor plans for all buildings, including proposed use of floor space, number of units, number of bedrooms, and location of affordable units.

(c) Narrative reports. The following narrative reports or data:

[1] A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;

[2] A development impact statement prepared by qualified professionals detailing the impact of the development at all phases, including construction and operation, on:

[a] The Town's capacity to furnish services, including, but not limited to, roads, police, fire, emergency services, schools, and water; and

[b] Vehicular and pedestrian traffic, water and air quality, noise and light pollution and other environmental concerns;

[3] Information pertaining to any organization which the applicant proposes to form where the development is to be a condominium or other ownership organization, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel;

[4] Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium or other ownership organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Town Counsel;

[5] A concise narrative prepared by a preservation consultant, including any and all historical information to be submitted to the Winchendon Historical Commission and the Planning Board. The narrative will include:

[a] Architectural history of all structures on the site, including period, style, method of building construction, and association with any particular architect or builder.

[b] Any important association with one or more historic persons or events.

[c] Any cultural, political, economic or social history of the site or any structures that may be significant to the Town, Commonwealth of Massachusetts or the United States of America;

[6] Evidence that the proposed MCP is consistent with applicable standards of the National Park Service or the Winchendon Historic District Commission; and

[7] Any and all other information that the Planning Board may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of this section.

(d) Fees. The following fees:

[1] Technical review fee. The applicant shall pay a technical review fee pursuant to MGL c. 44, § 53G and the rules of the Planning Board.

[2] Administrative fee. The applicant shall pay an administrative fee pursuant to the rules of the Planning Board.

(2) Waiver. The Planning Board may waive the submittal of required technical information or documents when, in the Planning Board's opinion, due to the simplicity of the proposal, such information is not necessary for or applicable to the Planning Board's decision pursuant to this section.

G. Review by other boards. Upon receipt of a complete application, the Planning Board will distribute copies of the application, accompanying plans, and other documentation to the Board of Health, Conservation Commission, Historic District Commission, Development Director, Zoning Enforcement Officer, Highway Superintendent, Police Chief, Fire Chief, and such other municipal boards and departments as the Planning Board deems appropriate, for their consideration, review, and report. The applicant shall furnish all copies necessary to fulfill this requirement. Other boards and officials shall submit their reports to the Planning Board within 35 days of receipt of the review materials, and failure to submit a report within 35 days shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The Planning Board's decision shall explain in writing the reason for any departures from the recommendations of the other boards and departments.

H. Permitted uses.

(1) An MCP shall include one or more of the following residential uses: single-family dwelling, duplex dwelling, multifamily dwelling; condominium, apartment, live-and-work unit; age-restricted housing; independent living unit.

(2) In conjunction with these residential uses, an MCP may include one or more of the following nonresidential uses:

(a) Commercial uses: restaurant, retail store, or offices.

(b) Institutional uses: museum, educational use, charitable or philanthropic institution, municipal use, club or lodge.

(c) Appropriate accessory uses.

I. Standards. In order to be eligible for consideration for a special permit pursuant to this section, the proposed development shall meet all of the following standards:

(1) Buffer. Existing vegetation in the setback areas along the perimeter of the site shall be maintained as a buffer, except for driveways and pedestrian ways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may require suitable landscaping or replacement of vegetation. The Planning Board may waive this buffer requirement where it determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

(2) Removal and replacement of vegetation. Within the site, no clear cutting shall be permitted, except as authorized by special permit and incidental to construction of buildings, roads, trails and parking areas. The Planning Board may require suitable landscaping or replacement of vegetation.

(3) Roadways. The principal roadway(s) within the site shall be adequate for the intended use and vehicular traffic and shall be maintained by the association of unit owners or by the applicant.

(4) Number of parking spaces. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces shall be computed using the requirements of § 300-8.3 and § 300-8.4 of this bylaw. The Planning Board may increase the required parking by up to 10% to serve the needs of residents, employees, visitors and service vehicles. The Planning Board may reduce the otherwise required number of parking spaces where the applicant demonstrates that an adequate number of spaces will be provided.

(5) Commercial vehicles. Commercial vehicles owned or operated by owners or tenants of the MCP or their agents, servants, licensees, suppliers and invitees shall be parked inside a garage, or suitably screened or designated area, except for delivery or service vehicles in the active service of receiving and delivering goods or services.

(6) Parking areas. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least 10 feet in width. Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas; provided, however, that the Planning Board may waive these provisions for existing parking lots and/or existing buildings. Parking lot layouts shall be planned to permit landscaping, buffers, or screening to prevent direct views of parked vehicles from adjacent streets.

(7) Sidewalks or paths. The Planning Board may require sidewalks or paths which shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites.

(8) Loading. Loading areas may be required by the Planning Board where deemed necessary for the efficient operation of the MCP. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.

(9) Stormwater management. The stormwater management system shall be designed in accordance with the regulations of the Planning Board.

(10) Utilities. All electric, gas, telecommunication, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances. The facility shall be served by the municipal water system.

(11) Emergency systems. The MCP shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or other tenants. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Winchendon Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.

(12) Lighting. There shall be no illuminated signs, parking lot lighting, building floodlighting, or other exterior overspill onto adjacent premises such that it casts observable shadows, and lighting shall be such that it shall not create glare from unshielded light sources.

(13) Screening. Exposed storage areas, garbage dumpsters, service areas, loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings, fences and other methods approved by the Planning Board.

(14) Minimum residential use. At least 25% of the gross floor area of the MCP shall be used for residential purposes.

J. Number of dwelling units. The maximum number of dwelling units shall be established by the Planning Board after reviewing the following criteria:

(1) Existing structures;

(2) Proposed method and efficacy of wastewater disposal;

(3) Availability of public water;

(4) Trip generation, traffic safety and internal site traffic;

(5) Character of the proposed MCP and its relation to the surrounding neighborhood(s);

(6) Character of the existing buildings and the potential for reuse thereof;

(7) Number of affordable units, beyond the minimum required, proposed by the applicant;

(8) Development impact statement;

(9) Reports of the technical consultants of the Planning Board and all other reviewing boards.

K. Number of bedrooms. The Planning Board may ensure the diversification of dwelling units within an MCP by establishing the number of dwelling units with one, two, or three bedrooms; but not more than 10% shall be three bedrooms.

L. Expansion of existing buildings. Existing buildings within an MCP may be expanded, provided that such expansion:

(1) Is consistent with the existing buildings' historic character and scale; and

(2) Does not cause substantial detriment after considering the factors set forth in Subsection O.

M. New buildings. Within the MCP, new buildings may be constructed in accordance with the following requirements:

(1) The number, type, scale, architectural style, and uses within such new buildings shall be subject to Planning Board approval.

(2) New buildings shall be permitted only to the extent reasonably necessary to provide for essential services, such as, but not limited to, wastewater treatment facilities.

N. Affordable dwelling units. (Appendix B[1]) As a condition of granting a special permit for a MCP, a minimum of 20% of the total number of dwelling units shall be restricted in perpetuity in the following manner:

(1) Five percent of the units shall be affordable to persons or families qualifying as low income under the Massachusetts Community Development Block Grant program; 5% of the units shall be affordable to persons or families qualifying as moderate income under the Massachusetts Community Development Block Grant program; and 5% of the units shall be affordable to persons or families qualifying as median income under the Massachusetts Community Development Block Grant program. The remaining 5% of affordable units shall be assigned for low-income, moderate-income or median-income persons or families as will, in the Planning Board's opinion, best serve the Town's current housing needs. Fractional units shall be rounded up to the nearest whole number.

(2) The restriction shall be approved as to form by legal counsel to the Planning Board, and a right of first refusal upon the transfer of such restricted units shall be granted to the Winchendon Housing Authority for a period not less than 120 days after notice thereof.

(3) Affordable units shall be integrated into the overall development of the MCP so as to prevent the physical segregation of such units.

(4) The applicant shall be encouraged to seek designation of the units referenced in Subsection N(1) as affordable units which qualify as part of the subsidized housing inventory as approved and compiled by the Department of Housing and Community Development (DHCD). The Planning Board may require that the applicant affirmatively take steps to utilize the Winchendon Housing Authority, a public agency, a nonprofit agency, limited-dividend organization, or other appropriate entity, and through a local initiative program petition or other similar mechanism or program, cause application to be made to the DHCD, so as to timely furnish all forms and information necessary to promote the designation of those units referenced in said paragraphs as affordable units qualifying as part of the subsidized housing inventory. The Planning Board may require submission of application, forms and appropriate information to the DHCD as a condition of approval.

[1] Editor's Note: Appendix B is included as an attachment to this chapter.

O. Decision.

(1) Criteria for decision. After considering reports from consultants and other boards and departments, the Planning Board may grant a special permit for a MCP where it makes the following written findings:

(a) The application documents and supporting materials comply with all applicable sections of the Zoning Bylaw;

(b) The proposed MCP complies with the design standards of this section;

(c) The proposed MCP constitutes an appropriate renovation as defined above;

(d) The proposed MCP does not cause substantial detriment to the neighborhood after considering the following potential consequences:

[1] Noise, during the construction and operational phases;

[2] Pedestrian and vehicular traffic;

[3] Environmental harm;

[4] Visual impact caused by the character and scale of the proposed structure(s); and

[5] Other consequences as may be set forth in the development impact statement for the MCP;

(e) The proposed MCP furthers the goals and objectives of the Master Plan.

(2) Time limit. A special permit is granted for a period of two years and shall lapse if substantial use or construction has not commenced by such date, except for good cause shown.

(3) Conditions. The Planning Board may impose conditions, safeguards and limitations in the grant of a special permit, including, but not limited to:

(a) That all construction or infrastructure improvements shall be completed within a specific time period;

(b) That all aspects of the MCP, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the Planning Board as part of the special permit proceeding unless modification of the special permit for the MCP is authorized, after a public hearing, by the Planning Board;

(c) That a performance guarantee suitable to the Planning Board may be required.

§ 300-4.3 Wetlands Conservancy District.

A. Purpose. The purpose of the superimposed Wetlands Conservancy District is as follows:

(1) To preserve and protect the lakes, streams, watercourses, floodplains and other wetland types and their associated flora and fauna within the Town, together with adjoining land;

(2) To protect the health, safety and property of persons against the hazards of contamination;

(3) To preserve and maintain the groundwater level;

(4) To protect the community against the detrimental use and development of lands and wetlands surrounding bodies of water and adjoining streams and watercourses; and

(5) To conserve the watershed and recharge areas of the Town for the health, safety and well-being of its inhabitants.

B. Permitted uses. Within the wetlands, the following uses shall be lawful, but only by special permit granted by the Board of Appeals:

(1) Municipal purposes, including waterworks, pumping stations, essential services, parks and any buildings and structures accessory thereto;

(2) Public utility lines, facilities, buildings and accessory structures;

(3) Flood control installations, facilities and equipment;

(4) Nonprofit, noncommercial social, civic or recreational lodge or club; and

(5) Single-family residences constructed and used in such a manner as not to endanger the health or safety of the occupants and in full compliance with the dimensional and density requirements of the underlying district.

C. Prohibited uses. Within the wetlands, the following buildings, structures, installations and uses shall be prohibited:

(1) Septic tanks, cesspools and leaching beds or fields;

(2) Business, commercial and industrial buildings, structures or uses except provided in Subsection B above;

(3) Libraries, hospitals, museums, sanitaria, nursing or rest homes, charitable institutions and cemeteries; and

(4) Residential buildings, structures, dwellings and mobile homes intended for living purposes other than as permitted in Subsection B above.

D. Uses permitted by right: woodland, grassland, wetland and agricultural, horticultural and recreational use of land or water not requiring filling or dredging and any buildings and structures accessory thereto.

§ 300-4.4 Floodplain Conservancy Districts.

[Amended 5-20-2024 ATM by Art. 28]

A. Purpose. The purpose of the Flood Plain District is to protect the public safety and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics and the flood storage capacity of the flood plain and to preserve and maintain the ground water table and water recharge areas within the flood plain. Prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding. Eliminate costs associated with the response and cleanup of flooding conditions.

B. District delineation. The general boundaries of the Floodplain District are shown on the Winchendon Flood Insurance Rate Map (FIRM) dated June 15, 1982, as Zones A, A1-30 to indicate the one-hundred-year floodplain. The exact boundaries of the District are defined by the one-hundred-year water surface elevations shown on the FIRM and further defined by the flood profiles contained in the Flood Insurance Study, dated December 15, 1981. The floodway boundaries are delineated on the Winchendon Flood Boundary Floodway Map (FBFM) dated December 15, 1981, and further defined by the Floodway Data Tables contained in the Flood Insurance Study. These two maps, as well as the accompanying Study, are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner and Selectmen. Within Zone A where the one-hundred-year flood elevation is not provided on the FIRM, the developer/applicant shall obtain any existing flood elevation data and it shall be reviewed by the Conservation Commission. If the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this bylaw.

C. Use regulations. The Floodplain District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code pertaining to construction in a floodplain.

(1) Permitted uses. The following uses of low flood damage potential and unlikely to cause an obstruction to flood flows shall be allowed, provided they are permitted in the underlying district and they do not require structures, fill or storage of materials or equipment:

(a) Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

(b) Forestry and nursery uses.

(c) Outdoor recreational uses, including fishing, boating, play areas, etc.

(d) Conservation of water, plants or wildlife.

(e) Wildlife management areas, foot, bicycle and/or horse paths.

(f) Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage or sale of crops raised on the premises.

(g) Buildings lawfully existing prior to the adoption of these provisions.

(2) Special permits. No structure or building shall be erected, constructed, substantially improved or otherwise placed or moved, no earth or other materials dumped, filled, drilled, mined, excavated, paved or transferred unless a special permit is granted by the Zoning Board of Appeals. Said Board may issue a special permit thereunder (subject to other applicable provisions of this bylaw) if the application complies with the following provisions:

(a) The proposed plan shall comply in all respects with the provisions of the underlying district; and

(b) Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission, the Planning Board, the Board of Health and the Building Inspector. Final action shall not be taken until reports have been received from the above boards or until 35 days shall have elapsed; and

(c) All encroachments, including fill, new construction, substantial improvements to existing structures and other development, are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood; and

(d) The Board may specify such additional requirements and conditions it finds necessary to protect the health, safety and welfare of the public and the occupants of the proposed use.

(3) Designation of community Floodplain Administrator. The Town hereby designates the position of Conservation Agent to be the official Floodplain Administrator.

(4) Permits are required for all proposed development in the Floodplain Overlay District. A permit is required for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

(5) Assure that all necessary permits are obtained. The Town's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

(6) Floodway encroachment.

(a) In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(b) In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(7) Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

(8) AO and AH zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

(9) Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

(a) Such proposals minimize flood damage.

(b) Public utilities and facilities are located and constructed so as to minimize flood damage.

(c) Adequate drainage is provided.

(10) Base flood elevation data for subdivision proposals. When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

(11) Recreational vehicles. In A1-30, AH, AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

(12) Watercourse alterations or relocations in riverine areas. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse:

(a) Adjacent Communities, especially upstream and downstream.

(b) Bordering States, if affected.

(c) NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

(d) NFIP Program Specialist, Federal Emergency Management Agency, Region I.

(13) Requirement to submit new technical data. If the Town acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the Town will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to:

(a) NFIP State Coordinator, Massachusetts Department of Conservation and Recreation.

(b) NFIP Program Specialist, Federal Emergency Management Agency, Region I.

(14) Variances to building code floodplain standards.

(a) The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

(b) The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

(c) Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

(15) Variances to local Zoning Bylaws related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain bylaws must meet the requirements set out by state law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.

(16) Abrogation and greater restriction section. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

(17) Disclaimer of liability. The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

D. Definitions.

DEVELOPMENT

Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]

FLOODWAY

The channel of the river creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE

Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE

Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE

Means any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE

Means a vehicle which is:

(1) Built on a single chassis;

(2) 400 square feet or less when measured at the largest horizontal projection;

(3) Designed to be self-propelled or permanently towable by a light duty truck; and

(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY

See "FLOODWAY."

SPECIAL FLOOD HAZARD AREA

The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION

The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE

Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

SUBSTANTIAL REPAIR OF A FOUNDATION

When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE

Means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION

Means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

§ 300-4.5 Groundwater Protection Overlay District.

A. Purpose. The purpose of the Groundwater Protection Overlay District is to protect public health by preventing the contamination of existing and potential public and private water supplies and to protect the general welfare by preserving limited water supplies for present and future use.

B. District delineation. The general boundaries of the Groundwater Protection Overlay District are those areas identified as potential municipal well sites in the July, 1988 "Exploratory Drilling Program" conducted by the engineering firm of Dufresne and Henry and shown on a "Groundwater Protection Overlay District Map" on file with the Town Clerk. This map, as it may be amended from time to time, is hereby made a part of this bylaw. Where the bounds of the Groundwater Protection Overlay District, as shown on the Groundwater Protection Map, are in doubt or in dispute, the burden of proof shall be upon the owner(s) and/or applicant of/for the property in question to show where the boundaries should properly be located.

C. Use regulations.

(1) Permitted uses. Within the Groundwater Protection Overlay District, the following uses are permitted, subject to the provisions of Subsection C(2), Prohibited uses, provided that all necessary permits, orders and approvals required by local, state and federal law are also obtained:

(a) Conservation of soil, water, plants and wildlife;

(b) Outdoor recreation not involving the use of motor vehicles or motorboats, including boating, fishing, nature study and hunting where otherwise legally permitted;

(c) Foot, bicycle and horse paths and bridges;

(d) Maintenance and repair of any existing structure, provided there is no increase in impervious pavement;

(e) Normal operations and maintenance of existing water bodies and dams, splash boards and other water control supply and conservation devices;

(f) Residential development permitted in the underlying zoning district, provided that not more than 10% of a building lot is rendered impervious;

(g) Farming, gardening, nursery, conservation, forestry, harvesting and grazing uses, provided that fertilizers, herbicides, pesticides and other leachable materials are not stored outdoors and that manure is not stored outdoors uncovered.

(2) Prohibited uses. Within the Groundwater Protection Overlay District, the following uses are prohibited:

(a) Storage of liquid petroleum products of any kind, except for storage in a freestanding container of fuel within a building for the purpose of heating of that building;

(b) Disposal of hazardous wastes as defined in Chapter 21C of the Massachusetts General Laws;

(c) Storage of hazardous wastes, as defined in Chapter 21C of the Massachusetts General Laws, as amended;

(d) Disposal of solid wastes other than brush;

(e) Disposal of leachable wastes except for subsurface waste disposal from one-family or two-family residential units, with the approval of the Board of Health;

(f) Storage of road salt or other de-icing chemicals;

(g) Disposal of snow that contains de-icing chemicals and that has been brought in from outside the Groundwater Protection Overlay District;

(h) Industrial uses that discharge process wastewater on-site;

(i) Outside storage of fertilizers, herbicides and pesticides and outdoor uncovered storage of manure;

(j) Animal feed lots;

(k) Dry-cleaning establishments;

(l) Boat and motor vehicle service, washing and repair establishments;

(m) Junk and salvage yards;

(n) The rendering impervious of more than 10% of any lot;

(o) Mining of land, except as incidental to a permitted use.

(3) Special permit uses. The following uses, unless prohibited by a specific provision of Subsection C(2) of this bylaw, may be permitted by a special permit from the special permit granting authority, which in the case of Winchendon is the Planning Board, under such conditions as the Planning Board may require:

(a) Commercial and industrial activities permitted in the underlying district and involving the manufacture, storage, transportation or use of any hazardous materials other than hazardous wastes as defined by MGL c. 21C (as amended);

(b) The application of fertilizers for uses that are nondomestic and nonagricultural, provided that such application shall be made in a manner as to minimize adverse impacts on surface water and groundwater due to nutrient transport and deposition of sedimentation.

(4) Special permit review procedure. Any application for a special permit shall be made, reviewed and acted upon in accordance with the following procedures:

(a) Each application for a special permit shall be filed in writing with the Planning Board, and shall contain a complete description of the proposed use, together with any supporting information and plan which the Planning Board may require.

(b) The Planning Board shall refer copies of the application to the Board of Health, the Conservation Commission, the Town Engineer (if any) and the Department of Public Works, each of which shall review, either jointly or separately, the application and shall submit its recommendations to the Planning Board. Failure to make recommendations within 35 days of the referral of the application shall be deemed lack of opposition.

(c) The Planning Board shall hold a public hearing on the application in conformity with the provisions of MGL c. 40A, within 65 days after the filing of the application with the Planning Board.

(d) After notice and public hearing, and after due consideration of the reports and recommendations of the local boards and departments, the Planning Board may grant such a special permit, provided that it finds the proposed use:

[1] Is in harmony with the purpose and intent of this bylaw and will promote the purposes of the Groundwater Protection Overlay District;

[2] Is appropriate to the natural topography, soils and other characteristics of the site to be developed;

[3] Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge area;

[4] Will not adversely affect an existing or potential water supply.

§ 300-4.6 Lake Monomonac Overlay District (LMOD).

[Added 10-28-2019 STM by Art. 18[1]]

A. Purpose. Recognizing that the parcels in this are of Town do not meet the requirements of the R40 Zone in which they are located, the purpose of the Lake Monomonac Overlay District (LMOD) is to allow owners reasonable use of their properties without detriment to abutters and the general community.

B. District delineation. The Lake Monomonac Overlay District is hereby established and is identified on the Town of Winchendon Zoning Map. The boundaries of the LMOD are shown on the Winchendon Zoning Map on file with the Town Clerk.

C. Use regulations. The Lake Monomonac Overlay District is established as an overlay district to all other districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the requirements of the Massachusetts State Building Code.

D. Modifications to the underlying districts.

(1) Permissible setbacks from property lines within the Lake Monomonac Overlay District shall match those of the R10 Zoning District.

(2) No other property regulations, dimensional or otherwise, shall be altered by the Lake Monomonac Overlay District.

(3) All commercial occupancies within the Lake Monomonac Overlay District shall require full site plan review.

[1] Editor's Note: Original Sec. 4.6, Golf/Residential Overlay District, was repealed 10-28-2019 STM by Art. 17.

§ 300-4.7 Planned Development District.

[Amended 11-8-2007]

A. A planned development district (PD) is an area characterized by a cluster of commercial, industrial, residential, institutional, and public uses at moderate to high density. Commercial, industrial, and institutional uses in easily walkable proximity will form the essential center that defines a planned development district. Adjacent multifamily housing and mixed uses may extend the planned development district from this center.

(1) Planned development districts are directed more towards pedestrian travel than vehicle travel. Distances between buildings will generally be short. Mixed commercial and residential uses are encouraged. It should be accented with vegetated open spaces such as small public parks. Commercial uses will include retail stores, personal and professional service businesses, restaurants, and entertainment uses. Home-based businesses are appropriate. Buildings will generally be close to the street with sidewalks provided. Signage will be directed toward pedestrians on sidewalks rather than motor vehicle users.

B. Requirements applying to all uses in the Planned Development District.

(1) Unless otherwise provided, the required lot dimensions shall be those shown in Table 7.3.

(2) All new development, redevelopment, or building construction shall be in conformity with the planned development district concept as stated in Subsection A.

(3) A minimum of 10% of the total land area of a development site which has more than 1.5 acres shall be dedicated as common open space for recreational use. Developers of smaller projects are encouraged to preserve the maximum possible open space on site. Such land may be included in the determination of the site capacity.

(4) On developments with water frontage, public access must be established or maintained by way of linear walkways and/or parks. The waterfront access for the public may be included as a portion of the required open space.

(5) A development proposal by a single developer or by related developers that includes work on more than one parcel may be considered as a whole and require only a single application to each of the applicable local boards in lieu of separate applications for each parcel.

(6) New side lot lines adjacent to the frontage shall be at an angle of more than 75° to the frontage line. A 90° angle is preferable.

(7) Preferably, parking should be to the side or rear of the main building. Parking shall conform to the parking standards in Article VIII.

(8) Newly developed or redeveloped lots shall have concrete sidewalks and street trees along the entire lot frontage typical of those on Central Street between Blair Square and Peterson Square. If such do not exist or are not in good condition, they shall be installed at the expense of the applicant.

(9) Public water and sewer lines are required, provided that connections are available. If such are not up to Department of Public Works standards, they shall be installed or replaced at the expense of the applicant.

(10) Low-impact development principles as provided in the Massachusetts Stormwater Handbook are required, except that conventional drainage structures may be allowed by a Planning Board special permit based on an engineering demonstration (which must include plans and calculations not just a statement) that application of low-impact principles to the site will be unreasonably difficult.

(11) Except for allowed one- and two-family homes, any new construction project (whether one or more buildings on one or more lots) shall have a lot area to gross floor area ratio of less than 4:1.

(12) Redevelopment of properties within the planned development district, whether by tear down and rebuild or by an extension of size greater than 20%, shall conform to the standards for the planned development district.

C. (Reserved)

D. Additional provisions for multifamily housing units (more than two units per structure).

(1) Townhouses having common walls but located on adjacent separately owned lots will be permitted, provided no more than five such townhouses will be contained in a single structure and that the end townhouses have a twenty-foot side setback on the exposed end and there is adequate road or driveway access to the rear of the combined structures.

(2) The minimum lot width shall be 24 feet and the minimum lot area shall be 3,600 square feet per dwelling unit. Townhouses must be served by public water and sewer.

E. Requirements for all other projects, including mixed-use projects.

(1) In commercial areas, side setbacks may be waived, as part of site plan review, to allow buildings on adjacent separately owned lots to be directly connected, provided there is adequate road or driveway access to the rear of the combined structures. The combined frontage length of such connected buildings shall not exceed 100 feet.

(2) For new construction for mixed residential and commercial use, the minimum lot area shall be not less than 1.5 times the nonresidential gross floor area plus 2,000 square feet for each residential unit.

F. Extended planned development district. Developments using planned development district standards in other zones are permitted if such development will have public water and sewer and is within 500 feet of the planned development district boundary, provided special permits therefor are granted concurrently by the Zoning Board of Appeals and the Planning Board.

§ 300-4.8 Gateway Overlay District.

A. Purpose.

(1) In order to avoid sprawl and dangerous strip development patterns, development nodes have been created along the major highways as an attempt to effect responsible, sustainable development in a commercially advantageous setting. Smart-growth development patterns are hereby encouraged to place high-intensity uses like large-scale retail, cinemas and similar commercial occupancies in these nodes, with consideration of safe traffic access, rather than in allowing sprawl-type strip development. Residential development adjacent to these nodes and thereby serviced by the commercial area is encouraged to reduce car traffic. Similarly, walkability and other alternative circulation modes (cf. bike traffic) are also encouraged in the development patterns, again eliminating unnecessary car traffic and enhancing the quality of life in the development area.

(2) A Gateway Overlay District is created that will prevent direct access from the highway to abutting commercial occupancies outside the nodes. Strip commercial development will be seen as sprawl, is unsightly, and is a deterrent to smooth traffic flow. Accordingly, access to commercial occupancies outside of the development nodes will be restricted.

B. Modifications to the underlying districts.

(1) That portion of each lot used for commercial purposes, except an allowed home-based business, that fronts on the highway to a depth of not less than 50 feet from the property line shall be preserved or established as a buffer zone of dense vegetation so as to hide all structures, parking lots, outdoor storage, and other evidences of commercial activity when viewed from the highway.

(2) Access to properties is encouraged via roads other than access to the high-speed road. If no other access is feasible, the buffer zone vegetation may be broken for access roads or driveways at appropriate points. Such breaks shall not be more than 50 feet wide and shall be spaced not closer than 500 feet apart. The use of a shared driveway or road by two or more commercial occupancies is encouraged.

(3) All commercial occupancies within the Gateway Overlay District shall require full site plan review.

§ 300-4.9 Route 140 Corridor Overlay District (Rt. 140 COD).

A. Purpose. The purposes of the Route 140 Overlay District are to:

(1) Encourage commercial and industrial development on Route 140 to provide local employment and enhance the tax base, while also protecting surrounding neighborhoods from land use conflicts;

(2) Enhance the appearance, function, and safety of Route 140;

(3) Facilitate shared access and connections to adjoining properties, thereby reducing the number of curb cuts and improving traffic safety on Route 140; and

(4) Promote distinctive architecture, efficient site planning, and improved design standards that will achieve high-quality development and preserve the scenic, natural, and cultural resources of the Route 140 Corridor.

B. Application of overlay district regulations. This overlay district sets forth design standards and flexible development options that apply in the Route 140 Corridor. The use and dimensional regulations of the underlying district remain in place and other provisions of the Zoning Bylaw apply unless superseded by this overlay district. The location of the district is shown on a map entitled "Route 140 Corridor Overlay District", which is on file in the office of the Town Clerk. The overlay district consists of all parcels within the Highway Commercial (C1) District where the district has frontage on Routes 140 and 12.

C. Application process.

(1) Site plan review. Applicants shall comply with Article XII of this bylaw, Site Plan Review, for development in the Route 140 Overlay District. Developments that meet the thresholds in § 300-12.2, Projects requiring site plan review, shall require site plan approval by the Planning Board. Developments that are exempt from site plan review by § 300-12.3 of this bylaw are exempt from the application of the overlay district.

(2) Waivers. The Board may modify or waive any requirement of the overlay district upon finding that due to topography, location, or unusual conditions affecting the property, the requirements of this section would unreasonably restrict development of the property. In modifying or waiving these provisions, the Board may impose conditions it deems necessary to protect the public interest and promote the orderly development of the Corridor.

(3) Intermunicipal review. The Planning Board shall send a copy of the application to the Gardner Planning Board and the Montachusett Regional Planning Commission, which shall have 35 days to submit comments to the Board. The purpose of this review is to insure that regional implications are considered by the Board, and that significant impacts of the project on Corridor communities can be mitigated.

(4) Coordination with abutting landowners. Applicants shall submit documentation that they have contacted owners of abutting land within the overlay district regarding their proposed plans. The intent of this notice is to give those landowners the opportunity to coordinate existing uses or future development plans with the project before the Board. Where feasible, the parties should work cooperatively to solve common issues such as improving traffic access, sharing parking, creating frontage roads, allowing connections between properties, buffering incompatible uses, or preserving open space and wetland resources.

D. Design standards.

(1) General. Buildings and landscape treatments, not parking, should serve as the focal points for development along Route 140. Site design should contribute to a sense of continuity and coherence from Route 140 and distant vantage points.

(2) View protection. The Route 140 Corridor offers many scenic views of the surrounding countryside. Each development shall preserve the visual quality of its site in relation to the scenic qualities of the immediate area and the Corridor as a whole. The applicant shall submit photographs of the area to the Board and describe the most prominent features of existing visual quality. Through means of sketches or computer simulations, the applicant shall document the impacts of the proposed development on visual quality. This analysis shall present how the project will be viewed from Route 140 in both directions and how views from the site to the surrounding area can be integrated into the development to enhance the project design. Within the development, the applicant shall preserve open vistas of important features such as Wachusett Mountain, lakes, farms, forests, historic sites, etc.

(3) Access management.

(a) Each new development within the Overlay District shall be limited to one entrance and one exit per street. For multiple-building developments, one combined entrance/exit location is preferable at the main entrance to facilitate traffic movement; such an entrance shall be separated by a traffic island with separate in and out movements. If needed, the applicant shall construct separate right and/or left turning lanes to facilitate entry and exit from the site.

(b) To reduce turning movements onto Route 140, developers are encouraged to connect internal roadways with adjacent developments. When adjacent lots have contiguous frontage on Route 140, the Board may require such lots to share a single driveway, or that the lots be accessed by an internal service road. Where such sharing cannot be achieved in the short run, the means and location for future long-term interparcel connections may be required through right-of-way reservation and/or dedication.

(c) Where it is proposed to redevelop property, the Board will evaluate existing access to Route 140 and work with the applicant to redesign curb cuts to improve safety and traffic flow. Where appropriate, the Board may require a reconfiguration of the existing access or the removal of unnecessary driveway openings onto Route 140 in favor of fewer access points with a greater level of traffic control.

(d) Where a property proposed for development abuts the North Central Pathway rail trail, the developer shall consider a proposed connection to the trail and access to the principal uses on the lot to promote alternative modes of commuting and/or public access.

(4) Lighting and utilities.

(a) All lighting shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto adjacent property.

(b) Each outdoor luminaire shall be a full cutoff luminaire to prevent light trespass into the night sky. The design of light standards and fixtures shall be consistent with the style and character of architecture existing or proposed on the site.

(c) All lights and illuminated signs shall be designed to prevent objectionable light and glare from crossing property lines. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward.

(d) All electric, telephone, television and other communication lines, both main and service connections, shall be provided by underground wiring.

(5) Preservation of sensitive natural features. Development shall preserve the natural features of the site, avoid areas of environmental sensitivity, and minimize alteration of natural features. The following resources shall be identified on the site plan and remain undeveloped unless otherwise approved by the Board:

(a) Unique or fragile areas, including wetlands, vernal pools, and one-hundred-year floodplains;

(b) Habitats of rare species listed by the Massachusetts Natural Heritage and Endangered Species Program; and

(c) Streams and water bodies.

(6) Shared parking. (The provisions of § 300-8.2A shall also apply in the overlay district.)

(a) The number of parking spaces required shall be determined by using the standards for each use as provided elsewhere in this Zoning Bylaw. The Board may allow a reduction of the required number of spaces by up to 20% if the applicant demonstrates that two or more uses within a development can share parking areas due to different hours of activity. A change in use of one of the businesses shall require the construction of the full amount of parking otherwise required unless the Board grants site plan approval to allow the parking reductions to remain in effect.

(b) When adjacent property owners agree to share parking and a combined entrance, the Planning Board may allow a reduction in the number of required parking spaces by as much as 20% for each business. In addition, the side yards (including associated landscaping) between the two parcels are not required. The property owner(s) shall file a written agreement to guarantee long-term joint use of the shared parking, which shall be recorded at the Worcester District Registry of Deeds. The parties may only revoke this agreement by constructing the full number of spaces required by the Zoning Bylaw and Planning Board approval of a revised plan.

(7) Parking lot design.

(a) The provisions of § 300-8.5, Design requirements, shall apply unless superseded by the following standards.

(b) Parking lots shall generally be sited to the side or rear of buildings in order to minimize the obtrusiveness of large parking areas on the visual quality of the Corridor. Up to 5% of the parking spaces may be in the front of the building to accommodate short-term parking needs of the proposed uses.

(c) Parking lots of 20 or more spaces shall contain interior landscaping covering not less than 5% of the total area of the lot. Landscaping shall also be provided around the perimeter of the lot for a width of 10 feet and planted with trees and shrubs. There shall be two shade trees or three ornamental trees for every 10 spaces. Dead or diseased trees shall be replaced during optimal planting times.

(d) Sidewalks and pedestrian paths shall connect the lots to the principal uses they will serve. Such walkways shall be constructed with brick, decorative pavers, or other materials, and may be bordered with fencing or shrubbery to clearly separate pedestrians from automobile traffic. Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from public access routes and parking areas. Car stops shall be provided to prevent parked cars from damaging trees and shrubs or disrupting pedestrian walkways.

(e) The Planning Board may modify the above requirements for any interior landscaped areas or islands that serve as vegetated swales or bioretention cells.

(8) Bicycle accommodation. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy of any building that results in the need for additional vehicular parking facilities. One bicycle space shall be provided for every 10 vehicle parking spaces, up to a maximum of 25 spaces.

(a) Parking for bicycles shall include provision for secure storage of bicycles. Such facilities shall provide lockable enclosed lockers or racks or equivalent structures in or upon which the user may lock a bicycle.

(b) Bicycle parking facilities shall be sufficiently separated from motor vehicle parking areas to protect parked bicycles from damage by motor vehicles. The separation may be accomplished through grade separation, distance or physical barrier, such as curbs, wheel stops, poles or other similar features.

(c) Bicycle parking facilities shall be located in a clearly designated safe and convenient location. Whenever possible, the bicycle parking shall be placed within 50 feet of building entrances and in well-lit areas.

(9) Landscaping and screening.

(a) Sections 300-4.8B(1) and 300-7.2E shall apply in the overlay district. [Section 300-4.8B(1) requires a vegetated buffer zone along the highway of at least 50 feet to screen views of structures, parking lots, and outdoor storage areas from the highway. Section 300-7.2E applies where C1, C2, and I Districts abut residential property and requires a buffer zone/yard of 50 feet to screen the residential properties.]

(b) A registered landscape architect shall prepare a landscape plan drawn to scale, including dimensions and distances. The plan shall delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials and tree cover.

(c) The development shall have one central gathering place of unique visual interest. This may include elements such as a fountain, pond, sculpture, gazebo or similar open space or structure. The area shall be provided with benches, stone walls, and similar amenities, and shall be accessible to individuals in wheelchairs.

(d) Loading areas and service facilities (dumpsters, storage areas, utility boxes, etc.) shall be placed to the rear of buildings in visually unobtrusive locations. Screening and landscaping shall prevent direct views of such areas from adjacent properties or from public ways. Screening shall be achieved through walls, fences, landscaped berms, evergreen plantings, or combinations thereof. Fences made of wood, stone, or brick are preferred; chain link or concrete materials are prohibited.

(e) HVAC units, telephone boxes, electrical transformers, etc. shall be screened through use of landscaping, berms, or fences and shall be as unobtrusive as possible. HVAC units may be located behind roof ridge lines so they are not visible from the front view of the building.

(f) When a proposed development abuts a Residential District, whether presently developed or not, landscaped buffers shall be employed to shield the residential property from view of the proposed development, and to minimize lighting and noise impacts. Such a buffer shall contain a screen of plantings not less than three feet in width and six feet in height at the time of planting, and shall thereafter be maintained by the owner or occupant so as to provide a dense screen year-round. At least 50% of the plants shall consist of evergreens. A solid wall or fence, not to exceed six feet in height, complemented by suitable plantings may be substituted for such landscaped buffers.

(10) Architectural standards.

(a) The site plan application shall contain elevations of all proposed buildings, prepared and stamped by a registered professional architect.

(b) Exterior materials may include clapboard, wood shingles, stone, brick, or materials of comparable appearance. Applicants are encouraged to use green building technologies and materials, wherever possible, to limit environmental impacts.

(c) Buildings should contain variation in detail to provide visual interest and to avoid monotony. Use of pitched roofs, breaks in roof and wall lines, towers, cupolas and building ornamentation should be incorporated into building design. The Planning Board may authorize a flat roof that includes green-roof technology with plants suited for the local climate.

(d) Architecture based upon generic franchise design is prohibited. Rather, architects should rely upon models of regional building types to incorporate elements of historic design into the development.

(e) Except for industrial, warehousing, and similar uses, windowless buildings with standardized facade treatments are prohibited. No building shall have more than 100 linear feet of unbroken wall area.

(f) Architectural focal points. In any development with 10,000 square feet or more of retail use, the principal building on a lot shall have clearly defined, highly visible customer entrances featuring at least two of the following: canopies or porticos; overhangs; recesses/projections; raised corniced parapets over the door; peaked roof forms; arches; outdoor patios; display windows; planters or wing walls that incorporate landscaped areas and/or places for sitting,