[Amended 5-23-2011]
A. 
The purpose of this Article VII is to ensure that building lots conform to and are conducive to land usage patterns designed by the Town of Winchendon, that they do not restrict the acceptable land uses of others either through land-locking, limiting access or gerrymandering lots to such an extent that it limits the value of developable land in the Town, except where topography or environmental considerations dictate. Normal polygonal lot shapes with ample width to allow for attractive, neighborhood-consistent buildings well-suited to their purpose that do not impact their neighbors adversely shall be allowed without requiring a burdensome review process (lots).
B. 
The purpose of this Article VII is also to ensure that building designs, land development and the public setting retain the charm and appeal of a small rural town with walkable neighborhoods, reasonable privacy and easy access to green spaces (buildings).
C. 
The provisions of this article do not apply to new construction built under the provisions of Article XI, Residential Development. For those projects, the provisions of Article XI shall supersede those contained in this article.
[Amended 5-21-2012]
A. 
Each lot shall have a street frontage line which conforms to the minimum stated in Table 7.2, side lines and a rear line. Lots, other than a reduced-frontage lot permitted under § 300-7.3 of the bylaw, shall have an area in square feet greater than the square of its perimeter divided by 30 and shall have no nonadjacent side lines closer than 1/2 of the minimum frontage distance at any point between the frontage and the buildable portion of the lot.
(1) 
The area of a lot required to meet the minimum stated in Table 7.2 shall be the area of the lot determined by excluding from the actual area of the lot the areas of any streams, ponds, wetlands, vernal pools and areas with a slope greater than 1:4. The areas of such wetland-related areas shall be as determined by Chapter 131 of the General Laws and any state or local regulations adopted thereunder.
(2) 
The street frontage of a buildable lot must be on:
(a) 
A public way maintained by the state or Town; or a way which the Town Clerk certifies is maintained and used as a public way; or
(b) 
A private way which has been built and is currently maintained adequately for the uses to which it is to be put as determined in a finding by the Planning Board. Such a finding shall be made only after the Board has sought advice from the Fire Department, the Police Department and the Department of Public Works; or
(c) 
A way shown on a subdivision plan approved and endorsed by the Planning Board, the construction of which is guaranteed under the provisions of MGL c. 41, § 81U.
B. 
Buildings and structures erected, reconstructed or enlarged in any zoning district shall conform to the dimensional and density regulations set forth in the Table 7.2. (See Figures A.7.2.3 and A.7.2.5.[1])
[1]
Editor's Note: The figures can be found in the Appendix, which is included as an attachment to this chapter.
C. 
Number of buildings or uses on lot.
(1) 
No more than one principal building or use shall be permitted per lot unless specifically provided for below or in another part of this bylaw, such as the MCOD District described in Article VI.
(2) 
The Planning Board may authorize by special permit more than one principal building and/or more than one use per lot in connection with the approval of a definitive subdivision or site plan if such action will allow more orderly development of the lot. All of the following requirements shall be met:
(a) 
The Board must determine that such action will not be detrimental to area property values, the neighborhood, or the intent of the Master Plan.
(b) 
The Board must determine that the area of the lot is fully sufficient to provide for the existing and proposed buildings as well as for driveways, walkways, parking, and any other proposed or required amenities. For residential uses, the requirements of § 300-11.12B(1) shall also be met.
(c) 
The lot frontage and setbacks conform to those required in Table 7.2 or, in the case of residential development, by § 300-11.12B.
(d) 
Principal buildings are separated by not less than 20 feet.
(e) 
Each principal building has adequate access from the lot frontage.
(f) 
If multiple uses are allowed, all such uses are allowed in the zoning district as provided in Article V.
(g) 
Any change to the lot, either by the construction of additional buildings or changes of use, shall require a modification of the special permit.
D. 
Special conditions.
(1) 
Limitations on height of buildings and structures in the dimensional table shall not apply to chimneys, towers, ventilators, spires or ornamental features.
(2) 
A previously plotted lot or parcel of land containing less than the area or frontage required by the dimensional table may be developed for single residential use only in accordance with the provisions of Chapter 40A of the General Laws of Massachusetts.
E. 
Buffer zone/yard. In areas where Highway Commercial (C1), Neighborhood Business (C2), and Industrial (I) Zones abut residential property, a minimum buffer zone of 50 feet in the C1 and C2 Districts and 100 feet in the I District shall be required to screen the residential properties. In the buffer zone, every effort shall be made to preserve the existing trees and ground vegetation. Where suitable vegetation is nonexistent, a dense mixture of native or noninvasive trees shall be planted. The trees planted shall have a minimum height of six feet and shall be of at least two-inch diameter at the height of 42 inches from ground level. (See Figure A.7.2.4.[2])
Table of Dimensional and Density Regulations
[Amended 11-8-2007]
These provisions do not apply to projects built under the provisions of Article XI, Residential Development, unless that article so provides.
Zoning District
Minimum Lot Area
(square feet)
Frontage
(feet)
(Note 6)
Setback
(feet)
(Note 7, 8)
Maximum Structure Height
(floors)
Maximum Man-Made Structure Height
(feet)
Maximum Impervious Area as % of Lot
(Note 1)
Front
Side
Rear
R80
80,000
200
40
25
50
2 1/2
35
10%
R40
40,000
150
40
25
50
2 1/2
35
15%
R10
10,000
75
20
10
20
2 1/2
35
25%
C1
75,000
250
75
25
25
3
45
45%
C2
20,000
100
30
15
30
3
45
45%
I
43,560
150
40
25
50
No
50
no
PD, except residential (Note 2)
5,000
75
5
0
0
3
45
70%
PD, 1- and 2-family residential
10,000
75
20
20
20
2 1/2
35
25%
PD, other residential
10,000 (Note 3, 9)
75 (Note 9)
20
Combined 30 feet (Note 4)
50
3
45
70%
WF (Note 4)
Notes:
1.
Includes all buildings, structures, and paved surfaces. (See Figures A.7.2.3-6.)
2.
Includes mixed-use developments.
3.
But not less than 3,600 square feet of lot area per dwelling unit. Measured parallel to the frontage, except where attached buildings are allowed in § 300-4.7D and E.
4.
As per special use regulations of § 300-4.3 and § 300-4.4, lots partially within the Wetlands and Floodplain Conservancy Districts may be governed by dimensional and density requirements of the underlying district as determined by the Board of Appeals, provided that more than 50% of the lot area and all nonsewered sanitary facilities lie outside the WF District.
5.
(Reserved)
6.
Lots having frontage on more than one street shall maintain the front setback for all such frontage streets appropriate for the zone in which they lie. Any remaining lot lines shall be considered side lot lines for setback purposes.
7.
The distances shown in Table 7.2 for front setback, side setback, and rear setback are the minimum distances from the respective lot lines on which any structure, whether temporary or permanent, other than a fence, a retaining wall, a driveway, a walkway, a lamppost, or an allowed sign may be placed unless allowed by the Planning Board under site plan review. The Planning Board may also waive the maximum height and maximum impervious area requirements as part of site plan review; neither shall there be any regular storage of materials allowed closer to the property line than the setback unless allowed by the Planning Board through site plan review.
[Added 5-18-2015]
8.
Temporary structures of less than 125 square feet gross floor area may have a side setback of five feet and a rear setback of 10 feet in the R10 Zone only.
9.
Except as provided in § 300-4.7D(2).
[2]
Editor's Note: Figure A.7.2.4 can be found in the Appendix, which is included as an attachment to this chapter.
[Amended 1-29-2007]
A. 
Purpose.
(1) 
The purpose of this section is to allow for optional limited development of lots with deep back land in order that the efficient use of land will be encouraged, the rural character of Winchendon will be retained and that adequate access to lots is ensured.
(2) 
Parcels located in Residential "R" Districts with frontage on an accepted Town road may, with the issuance of a special permit by the Planning Board, be divided into lots, one of which may be a "reduced-frontage lot" for use by a single-family dwelling only, under the alternative lot area and frontage requirements described below. Special permit approval may be granted by the Planning Board if the Board finds that:
(a) 
The standards described in this section have been met.
(b) 
Adequate access to the lot is provided.
(c) 
Public safety, including that of the lot inhabitants, is protected.
(d) 
The existence of the lot will not create a nuisance for neighbors.
B. 
Applicability.
(1) 
The provisions of this section may be applied only to lots being created from lots of record in existence for not less than 10 years. A lot from which any portion has been removed and thus has become a new lot during that time will not qualify.
(2) 
A lot that meets the requirements of this section and has been in existence for not less than 10 years may be granted a special permit by the Planning Board to create a reduced-frontage lot and the provisions of Subsections C, D, E and F shall apply.
C. 
Standards for reduced-frontage lots. Each such lot shall meet the following standards. All plans for such lots shall indicate how these standards are met. There shall be a minimum building location area on each reduced-frontage lot; where a circle with a diameter equal to the "normal" frontage requirement can be placed. Such area shall contain an area of land which, in the opinion of the Planning Board, provides a suitable dwelling site (See Figure A.7.3.[1])
(1) 
House circle shall be drawn on plan.
(2) 
The house shall be located in the house circle.
(3) 
House circle shall not contain any wetlands.
(4) 
Adequate access to the house circle from the pipestem (i.e., the narrower portion of the lot connecting the building area with the street frontage) shall be designated on the plan.
(5) 
Center of the circle shall be flagged on the site.
(6) 
Pipestem shall be flagged on the site.
(7) 
The minimum street frontage shall be 50 feet on an accepted Town way.
(8) 
The minimum lot size shall be twice the required zoning area.
(9) 
The reduced-frontage lot and all residual land shall have accessible frontage on an accepted and maintained Town road.
(10) 
No more than two such reduced-frontage lots shall have contiguous frontage.
(11) 
Once approved as a reduced-frontage lot, such lot shall not be subsequently subdivided, nor be approved by variance for other than single-family residential use.
(12) 
Yard requirements in § 300-7.2 shall also apply to buildings on reduced-frontage lots.
(13) 
Only one reduced-frontage lot may be created from applicable lots. In all cases where a reduced-frontage lot is created, the remainder of the original lot shall meet all applicable zoning requirements in that district. The approval of a reduced-frontage lot may not result in the creation of a nonconforming situation. The applicant shall supply proof that no other reduced-frontage lots have been taken from the original parcel. This proof shall be in such form as may be required by the Planning Board.
(14) 
Access to a reduced-frontage lot is restricted to along the pipestem of the lot. This access is subject to the review and approval of the Department of Public Works and the Fire and Police Departments.
(15) 
An occupancy permit shall not be issued until a driveway has been constructed which complies with all standards required in the Zoning Bylaw and the regulations of the Planning Board as determined by the Superintendent of the Department of Public Works.
(16) 
Width of the pipestem along its entire length shall not be less than the width of the frontage required for a reduced-frontage lot in the district in which the lot is located.
(17) 
Pipestem length is limited to the length of a cul-de-sac allowed in the Subdivision Rules and Regulations of the Planning Board for the zoning district in which the lot is located.[2]
[2]
Editor's Note: See Ch. 430, Subdivision of Land.
(18) 
To ensure proper drainage and to ensure the lot remains buildable under Title V and other regulations, loam and topsoil shall remain on the property. Gravel removal from the lot shall not exceed 19 cubic yards except as may be waived by the Planning Board.
(19) 
The Planning Board may apply other conditions, safeguards and limitations to the plan as it deems necessary.
[1]
Editor's Note: Figure A.7.3 can be found in the Appendix, which is included as an attachment to this chapter.
D. 
Standards for plan. The special permit application shall comply with the requirements of the subdivision regulations or other regulations duly adopted by the Planning Board.[3] This requirement may include a site visit.
[3]
Editor's Note: See Ch. 430, Subdivision of Land.
E. 
"Approval not required" plan. Once a special permit for the creation of a reduced-frontage lot has been granted, a plan showing the lot is entitled to endorsement as an "approval not required" plan as provided in MGL c. 41, § 81P.
F. 
Lapse of permit. A special permit lapses if not exercised within two years from the date of filing of the permit with the Town Clerk by the Planning Board. "Exercised" shall be deemed to mean construction in accordance with a duly issued building permit, including excavation of a cellar hole or pouring of a foundation, but not including landscaping or driveway construction.
A. 
All residential uses shall be accessed from the way on which the lot has legal frontage for zoning purposes. Driveways shall be constructed over the lot's frontage except as provided below.
B. 
The Planning Board may grant a special permit to access a residential use over a lot line other than the frontage if:
(1) 
Access over the lot frontage is not possible or is impractical.
(2) 
The lot can be assigned an address on the way from which the access is obtained that will insure that emergency services can locate the residence.
(3) 
Up to three dwelling units may share a common driveway; provided that the shared portion of the driveway shall not be used to meet parking space requirements; and further provided that each dwelling is on a conforming lot; and further provided that suitable easements to guarantee access to each lot are in place.
(4) 
The granting of the special permit will not derogate from the intent of the Zoning Bylaw.