[Added 5-23-2011]
A. 
The purposes of this article are:
(1) 
To ensure that the housing needs of the people are met in a manner that preserves a maximum amount of open space and helps to retain the rural character of the Town;
(2) 
To encourage the permanent preservation of open space, undeveloped land, agricultural land, forest land, wildlife habitat, and other natural resources, including aquifers, bodies of water, wetlands, and historical and archeological resources in a manner that is consistent with the Town of Winchendon's Master Plan and Open Space and Recreation Plan;
(3) 
To allow for greater flexibility and creativity in the design of residential developments;
(4) 
To encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than conventional or grid subdivision;
(5) 
To minimize the total disturbance on the site;
(6) 
To enhance the quality and cohesiveness of our neighborhoods and reduce the cost of serving the homes created under the provisions of this article.
B. 
References within Article XI. Unless it is otherwise stated, all references to "the Board" in this article shall refer to the Planning Board. The Planning Board shall be the special permit granting authority for all special permits mentioned in this article unless otherwise stated.
A. 
The provisions of this article will apply to all new residential development within the Town except as specifically exempted in § 300-11.3.
B. 
Compliance with Subdivision Regulations required. All residential projects subject to this article shall be built in conformity to the current Subdivision Regulations as promulgated by the Winchendon Planning Board.[1] If the development will not constitute a subdivision, compliance with the site plan regulations of the Winchendon Planning Board will be required.[2] The Planning Board may grant waivers from its regulations as provided therein when such action serves to further the purposes of this article.
[1]
Editor's Note: See Ch. 430, Subdivision of Land.
[2]
Editor's Note: See Ch. 420, Site Plan Review.
A. 
Existing lots. The application of this article to a lot or two adjacent lots for single- and two-family residential use which, at the time of recording or endorsement, whichever occurred earlier, was/were not held in common ownership with any adjoining land, conformed to zoning requirements in effect when the lot(s) was/were created, and contain not more than 160,000 square feet per lot, excluding from the actual area of the lot(s) the areas of any streams, ponds, wetlands, stream buffers, wetland buffers, vernal pools and areas with a slope greater than 1:4 shall be optional with the property owner. The areas of such wetland-related areas shall be as determined by Chapter 275, Wetlands, of the Town Code or by Chapter 131 of the General Laws and any state or local regulations adopted thereunder. Common ownership shall include lots held by separate legal entities, persons, or trusts under common control or having common beneficial interests.
B. 
Existing buildings. Except as provided in § 300-11.10F and G, this article shall not apply to the conversion of residential buildings in existence prior to the adoption of this article to provide more dwelling units therein.
Open space required. All residential development subject to this article shall require the preservation in perpetuity of open space in conjunction with the development project.
A. 
Open space in larger tracts will be preferred, as will open space contiguous with other already preserved open space. Except land reserved as public parkland or playgrounds in the PD and R10 Zones, no parcel smaller than two acres that is not contiguous with such other open space may be counted as part of the required open space in projects larger than 10 acres.
B. 
The open space should protect valuable natural and cultural elements, including water bodies, streams, wetland buffers, unfragmented forest, wildlife habitat, open fields, scenic views, trails, stone walls, archeological sites, and avoid development in hazardous areas such as floodplains and on steep slopes. In areas where public sewage disposal is not available, consideration shall be given to the suitability of soils for on-site disposal systems both within and outside the protected open space. Particular consideration for protection will be given to land that expands land that is already protected or which is recommended for protection under the Town Master Plan or Open Space and Recreation Plan, or will tend to expand or complete wildlife or recreational corridors between such parcels.
C. 
R80 and C2 Zones. Of that portion of a residential development project that is located in the R80 and C2 Zones, not less than 50% of the area (without any deduction for streams, ponds, wetlands, stream buffers, wetland buffers, vernal pools and areas with a slope greater than 1:4) shall be preserved as dedicated open space. If the total wetlands-related areas (streams, ponds, wetlands as defined by law, and vernal pools) within the dedicated open space will exceed 33% of the total area of the development site, only that 33% may be counted in making up the required 50%.
D. 
R40 Zone. Of that portion of a residential development project that is located in the R40 Zone, not less than 33% of the area (without any deduction for streams, ponds, wetlands, stream buffers, wetland buffers, vernal pools and areas with a slope greater than 1:4) shall be preserved as dedicated open space. If the total wetlands-related areas (streams, ponds, wetlands as defined by law, and vernal pools) within the dedicated open space will exceed 25% of the total area of the development site, only that 25% may be counted in making up the required 33%.
E. 
R10 and PD Zones. Of that portion of a residential development project that is located in the R10 and PD Zones, not less than 25% of the area (without any deduction for streams, ponds, wetlands, stream buffers, wetland buffers, vernal pools and areas with a slope greater than 1:4) shall be preserved as dedicated open space. If the total wetlands-related areas (streams, ponds, wetlands as defined by law, and vernal pools) within the dedicated open space will exceed 15% of the total area of the development site, only that 15% may be counted in making up the required 25%.
F. 
C1 Highway Commercial and I Industrial Zone. Residential development is not allowed in these zones.
A. 
Agriculture. Dedicated open space may be used for agriculture. This includes the growing of crops and the keeping of livestock or poultry. Open space dedicated to agriculture may be combined with other land that is within 1,000 feet used for agricultural purposes by the same farmer when calculating the five-acre minimum for zoning as commercial agriculture under § 300-5.2D.
B. 
Conservation. Dedicated open space may be used for conservation purposes. Such uses may include protection of flora and fauna, trails for hiking, hunting, fishing, camping, swimming, and boating.
C. 
Commercial forestry. Dedicated open space may be used for commercial forestry. Such land shall be managed using best management practices for long-term sustained forest yield under a management plan approved by the State Forester. Best management practices shall be used in cut areas to insure immediate regrowth.
D. 
Stormwater management systems. Subject to the approval of the Board, stormwater management systems may be located within the required open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required.
E. 
Recreation. Dedicated open space may be used for recreational purposes on tracts of more than 10 acres by Planning Board special permit. This may include structured uses such as a campground. However, the restrictions contained in § 300-11.8 shall apply and no special permit may be granted under that section for such uses. This shall not prohibit the use of unprotected land in the same ownership for purposes prohibited on the protected land.
Except as are allowed by special permit under § 300-11.8, the following are prohibited in the dedicated open space:
A. 
Any structure for residential, commercial or industrial use.
B. 
Any building having a floor or ground area in excess of 600 square feet.
C. 
The total of all buildings shall not exceed 1/4 of 1% of the total area of the open space.
D. 
The total man-made impervious area shall not exceed 1% of the total area of the open space.
E. 
Paved roads or driveways.
F. 
Mining, excavating, dredging or removing from the premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit.
G. 
Placing, filling, storing or dumping on the premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation of underground storage tanks.
H. 
The subdivision of the premises;
I. 
Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation;
J. 
Any other use of the Premises or activity which would materially impair significant conservation interests.
The following uses are allowed in dedicated open space:
A. 
Fences as necessary to enclose pastures, protect livestock from natural hazards, or to protect crops from animals. Specific approval by the Winchendon Agricultural Commission may be required.
B. 
Underground sewage disposal systems for dwellings in the development.
C. 
Underground sewer lines which must necessarily run through the area to meet grade requirements.
D. 
Necessary access roads, including fire roads that are unpaved and minimally improved. Bridges and culverts to properly handle stormwater are permitted when necessary.
The following improvements may be allowed by special permit:
A. 
Road or driveway paving on slopes so steep that washouts would otherwise be likely. Steps on steep trails.
B. 
Parking areas to serve the permitted open space uses, provided the surfaces shall be pervious to stormwater.
C. 
Impervious area greater than that allowed by § 300-11.6D.
D. 
Buildings having a floor or ground area greater than 600 square feet.
All land dedicated as open space under this article shall be protected in a manner that will afford it full protection under the law.
A. 
The dedicated open space shall be protected from development by one of the following means:
(1) 
Such open space shall either be conveyed to the Town and accepted by it for park or open space use, or be conveyed to a nonprofit organization the principal purpose of which is the conservation of open space, or be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the plot. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the Town, a restriction enforceable by the Town shall be recorded providing that such land shall be kept in an open or natural state except as required in this bylaw. The named agency and the terms and conditions of such transfer must be acceptable to the Board. Such open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.
(2) 
Property that is owned by any other entity but is protected by a suitable conservation easement that will protect the land from development or uses, except as provided in this article, in perpetuity. All the conditions of such easement must be acceptable to the Board.
B. 
A single parcel may include both protected open space and other uses, provided proper easements are in place to secure the protection of the required open space.
C. 
The title or easement holder, other than a governmental unit, of each parcel accepted as protected open space under this bylaw shall, and governmental units should, within six months after its dedication as open space, complete an assessment of the property detailing its location, boundaries, the condition of the vegetation, streams, wetlands, walls, roads, improvements and other features; and any restrictions or requirements for its future use or development. Thereafter, not less than annually, the title or easement holder shall physically view the property and prepare a detailed statement as to the present condition of the property, with particular reference to the features recorded in the initial assessment. Copies of each such report shall be filed with the Board. Any failure to file such reports shall be a violation of the Zoning Bylaw and shall be subject to the penalties therefor.
[Amended 5-19-2025 ATM by Art. 30]
A. 
The maximum number of dwelling units for land in the R80 and C2 Zones shall be equal to the number of acres of such land divided by two.
B. 
The maximum number of dwelling units for land in the R40 Zone shall equal to the number of acres of such land.
C. 
The maximum number of dwelling units for land in the R10 and PD Zones shall be equal to six times the number of acres of such land.
D. 
If the land is located in more than one zone, the allowed dwellings shall be calculated for the land in each zone and then combined.
E. 
In those cases where the total of allowable dwelling units as determined in Subsection D results in a fraction, the number shall be rounded down to the lower whole number.
F. 
If a residential development project includes existing residential buildings, the dwelling units in those buildings shall be considered as part of the maximum number of units. The number of units in such building(s) may be increased or decreased, provided the lot can accommodate the dwellings under § 300-5.2A and § 300-11.12B.
G. 
Unless a greater number is allowed under § 300-11.12A(5), principal residential buildings in the R80, C2 and R40 Zones shall be limited to three dwelling units per building. One additional accessory dwelling may be allowed in those zones by special permit, provided the maximum for the project is not exceeded and the lot area is adequate under § 300-11.12B.
H. 
The Board may, by special permit, allow any number of units per building or more than one residential building per lot on lots in the R10 and PD Zones.
Residential development other than on sites exempt from this article under § 300-11.3, and those that may be allowed by a special permit, shall be undertaken only in accordance with the following procedure.
A. 
Before any work, including, but not limited to, brush removal, tree cutting, and grading, is done on a development site, the developer shall submit a sketch plan to the Board. Cutting of vegetation necessary for surveys and soil testing is permitted. The sketch plan shall be drawn to scale and shall show the total tract that includes the land on which development is proposed. It shall also show the surrounding area, wetlands, contours, vegetation and other features as the Board may require by its regulations. It need not have been prepared by a professional engineer or land surveyor.
B. 
Following submission of the plan, the Board or its designee(s) shall undertake a site visit so the Board will fully understand the site and its features.
C. 
The Board will then meet with the developer at a regular or special meeting and discuss which land is most appropriately preserved as open space, which are the locations most suitable for houses and other factors that may enter into the choice of open space. However, no plan showing house lots or new roads may be presented or considered at this time. An agreement between the Board and the developer on the land to be preserved is required as a condition of moving forward.
D. 
After the open space has been agreed upon, the developer may locate the houses on the property.
E. 
The developer may now locate any road or roads needed to properly access the houses and other amenities. Open space shall not be landlocked. Access over other land in common ownership is acceptable. Otherwise, adequate provision shall be made for access to each tract of preserved open space from a road.
F. 
Then and only then may the developer or an engineer or surveyor on his behalf lay out proposed property lines for the various house lots. Neither shall any preliminary or definitive subdivision plan be prepared prior to this time.
(1) 
Following the layout of property lines, the developer shall submit a definitive subdivision plan or an application for site plan review, as the case may be, in accordance with the Board's regulations. Such plan shall include, without limitation:
(a) 
Existing site conditions, including topography, water bodies and streams, wetlands, historic features, existing structures, easements and rights-of-way, and means of access;
(b) 
Proposed grading and landscaping;
(c) 
Proposed utilities, including but not limited to water, wastewater, electric power, fuel, security and telecommunication systems, and cable television;
(d) 
Proposed stormwater system;
(e) 
Proposed pedestrian and vehicular access, circulation, parking and loading;
(f) 
Structures to be retained, demolished, and new construction.
(2) 
Copies of the application shall be circulated to the Board of Health, the Conservation Commission, the Department of Public Works, the Police Department, the Fire Department, and such other Town agencies as the Board deems appropriate, with a request for their comments and suggestions. Failure of any such agency to respond within 35 days shall be deemed lack of opposition to the proposal.
A. 
General requirements.
(1) 
Insofar as practicable, the landscape shall be preserved in its natural state by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Individual building sites shall be oriented so as to maintain maximum natural topography and cover. Topography, tree cover, and natural drainage shall be treated as fixed determinants of road and lot configuration rather than as elements to be altered to follow a preferred development scheme.
(2) 
Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views on or off the parcel(s).
(3) 
Development shall be related harmoniously to the terrain and the use, scale and architecture of existing buildings in the vicinity. Proposed buildings shall be related to their surroundings.
(4) 
The removal or disruption of historic, archeological, or cultural uses, structures, or sites shall be minimized.
(5) 
A project serviced by municipal water and sewer services may consist of any combination of single-family, two-family and multiple-family residential structures. A multiple-family structure shall not contain more than five dwellings except by special permit. The architecture of all multiple-family buildings shall be residential in character, particularly providing gabled roofs, an articulated footprint and varied facades. Residential structures shall be oriented toward the street serving the lot and not toward a required parking area.
(6) 
Sidewalks and trails. In place of sidewalks, a system of internal trails that provide connections to other existing or proposed sidewalks and trails, public parks or recreation areas or protected lands may be substituted.
(7) 
In the R10 and PD Zones, each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation.
(8) 
In the R80, R40, and C2 Zones, each dwelling unit shall be served by at least three off-street parking spaces.
(9) 
Common shared driveways. Up to three residential buildings may share a common driveway, provided that the shared portion of the driveway shall not be used to meet parking space requirements of this section. Maintenance of shared driveways shall be clearly provided for.
(10) 
There shall be no more than one curb cut per lot which includes five or fewer dwelling units. Lots with more than five dwelling units may have curb cuts as the Board determines.
B. 
Requirements for individual lots.
(1) 
In the R80, R40, and C2 Zones, each individual lot shall contain not less than 7,500 square feet for the first dwelling unit and 1,500 square feet for each additional unit. In the R10 and PD Zones, each individual lot shall contain not less than 3,750 square feet for the first dwelling unit and 1,500 square feet for each additional unit. If a lot lies in more than one zoning district, the minimum for the more restricted zone shall apply.
(2) 
The Board may, however, allow lesser minimum lot area per dwelling unit for the development of dwelling units in existing buildings.
C. 
Except as provided above, there shall be no minimum area per lot. The minimum required setback (front, sides or rear) shall be five feet. Lot shapes should, as nearly as possible, conform to the standard of § 300-7.2A. Except for lots served by an approved common driveway, lots shall have not less than 50 feet of street frontage. Lots which provide street access for a common driveway shall have not less than 75 feet of street frontage. Maximum structure heights and maximum impervious area shall meet the requirements of Table 7.2. If separate sewage disposal systems are required, the requirements of the Board of Health shall be met. This may be accomplished by providing an easement for sewage disposal works in the open space.
D. 
Each lot served by a common driveway shall have an address on the way from which access is obtained that will insure that emergency services can locate the residences.
A. 
Approval by right. Upon findings by the Board (adopted by a majority of the members voting) that the proposed development meets the minimum requirements of this article for preservation of open space and the location thereof, contains no more than the maximum number of dwelling units, meets the requirements of its subdivision regulations for a definitive residential subdivision (or of its site plan regulations if it is not a subdivision), a low-impact development plan for the site has been approved (if such plan is required), the required open space has been fully protected by conveyance or easement, an Order of Conditions has been issued by the Conservation Commission (if required), the Board of Health has approved the septic systems (if required), the subdivision plan (or site plan) shall thereby be approved, and the project may then be built according to that plan by right.
(1) 
Conditions. The Board may impose conditions, safeguards and limitations in its plan approval as necessary to ensure compliance with the purposes of this article.
(2) 
No residential lot created under this article shall be further subdivided or any alteration of lot lines or layout of ways be allowed except by a special permit, which special permit shall be in compliance with the requirements of this article and the subdivision (or site plan) rules and regulations.
(3) 
Upon the approval and filing in the Registry of Deeds of a definitive subdivision plan for the development and further provided that all roads, utilities, and other improvements required by the plan were installed within two years, not including the time required to pursue or await the determination of an appeal as allowed under MGL c. 40A, § 17, the lots shown thereon shall become conforming lots. Should such work not be accomplished within two years, the plan approval shall lapse. Any structures shown on the approved plan and actually built within two years, not including the time required to pursue or await the determination of an appeal as allowed under MGL c. 40A, § 17, shall be considered conforming structures. The Board may extend any of the required times for cause.
(4) 
Should a subdivision plan not be required, site plan review shall be required. All roads, utilities, and other improvements required by the plan must be installed within two years, not including the time required to pursue or await the determination of an appeal as allowed under MGL c. 40A, § 17, or the plan approval shall lapse. Any structures shown on the approved plan and actually built within two years, not including the time required to pursue or await the determination of an appeal as allowed under MGL c. 40A, § 17, shall be considered conforming structures. The Board may extend any of the required times for cause.
(5) 
No work, including, but not limited to, brush removal, tree cutting, and grading, shall be done on a development site and no building permits shall issue for buildings on the site prior to the end of any required appeal period following approval of the required plan.
(6) 
Any change to open space dedicated under this article and owned by the Town will require a two-thirds vote of the Town Meeting. Where the open space is not conveyed to the Town, a restriction enforceable by the Town shall be recorded providing that such land shall be kept as open space under the provisions of this bylaw unless the Town Meeting agrees to a modification by a two-thirds vote. No such vote shall be taken until after the Planning Board has held a public hearing thereon at which interested persons shall be given an opportunity to be heard. Notice of the time and place of such public hearing and the subject matter thereof shall be published in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of said hearing, No Town Meeting vote thereon shall be taken until a report with recommendations by the Planning Board has been submitted to the Town Meeting or 21 days after said hearing has elapsed without submission of such report.
(7) 
Any changes to the house locations, house lots, streets, or other provisions of the approved subdivision shall require the modification of the subdivision plan or site plan by the Board.
B. 
Special permit development. Any plan for residential development that does not meet the requirements of this article may be built only according to a special permit upon a finding that development on the parcel according to the requirements of this article is not feasible.