[Amended 1-29-2007]
[1]
Editor's Note: See also Ch. 420, Site Plan Review.
A. 
Development of land is the means by which a community grows. How and where this development or redevelopment occurs, how it affects the environment, the neighborhood, and the entire community are matters of concern to everyone. Zoning districts, use tables and dimensional tables address these matters on the lot level. These matters are generally considered zoning issues and dealt with by the Zoning Board of Appeals or its agents.
B. 
What happens in the way a particular site is developed is of equal concern. This is the role of site plan review. Since any development will have impacts on the total environment and particularly on the neighborhood and the community, site plan review seeks to prevent or to minimize adverse impacts that may occur as an owner seeks to develop his or her property. The process intends to conform to the spirit of this bylaw. (See Article I and Appendices C, D and E.[1])
[1]
Editor's Note: The Appendices are included as an attachment to this chapter.
A. 
The following types of activities and uses require site plan review by the Planning Board:
(1) 
Construction, exterior alteration or exterior expansion or change of use of a municipal, institutional, commercial, industrial, or multiple-family structure.
(2) 
Three or more dwelling units started within one year by entities controlled by one person on land that at any time within the 10 years preceding was a single parcel or were abutting parcels. No building permits may be issued for additional work that will make such projects subject to this section until site plan approval has been granted for all units involved. A single site plan application may cover contiguous lots. For the purposes of this section, the term "person" shall include an individual, joint owners, or any other entity commonly recognized by law as a person.
(3) 
Any use or change in use of any structure or group of structures in common ownership that requires 10 or more parking spaces under this Zoning Bylaw, or the construction, reconstruction, alteration or expansion of a standalone parking area that has 10 or more parking spaces.
(4) 
Grading, clearing, or other land development activity which will require disturbance of more than 10,000 square feet of land area or 35% of the area of the lot, whichever is less, with the exception of agricultural activity, or work in conjunction with an approved subdivision plan or earth removal permit.
(5) 
Any use requiring a special permit in accordance with § 300-5.2, Schedule of Use Regulations, if required by the Board of Appeals and which does not qualify for an exemption under § 300-12.3 of this Zoning Bylaw.
(6) 
A property owner or occupant may apply for site plan review for a project even if such review is not required. Such an application may not be withdrawn except with the consent of the Planning Board.
B. 
At the request of the applicant, the Planning Board may waive any or all requirements of site plan review for exterior enlargements of less than 25% of the existing floor area, and for building or site alterations where the Board determines that the standards set forth in this bylaw are not relevant to the alterations.
Except as provided in § 300-12.2A(2), site plan review shall not be required for:
A. 
The construction or enlargement of any single-family or two-family dwelling or building accessory to such dwelling unless the accessory building contains more than 500 square feet of floor area;
B. 
Any building used exclusively for agriculture, horticulture or floriculture;
C. 
Projects not involving:
(1) 
Additional coverage of the lot, either in the form of construction of or addition to a structure, whether permanent or temporary;
(2) 
Grading changes; or
(3) 
Additional paving, asphalting or other equivalent method of lot coverage;
D. 
Projects involving only the construction, reconstruction or alteration of any feature which the Building Commissioner or other duly authorized Town inspector certifies in writing, that are required by public safety in order to correct an unsafe or dangerous condition.
A. 
Applicants are encouraged to meet with the Planning Agent or Board prior to making a formal submission of plans to discuss site plan requirements and possible waivers. The agent or board may provide a set of guidelines to assist applicants in meeting site plan, architectural, and landscaping objectives. (Appendices C, D, E, and F[1])
[1]
Editor's Note: The appendices are included in an attachment to this chapter.
B. 
Each request for site plan evaluation shall include:
(1) 
A completed application with the applicant's original signature;
(2) 
A plan set prepared in accordance with Planning Board rules and regulations;
(3) 
A fee determined by the current fee schedule adopted by the Planning Board;
(4) 
Any additional applicable information, including but not limited to drainage reports, traffic studies, historical data, National Heritage data, hydrogeological data, and soil testing logs.
A. 
The applicant shall submit a complete application, as detailed above, to the Department of Planning and Development.
B. 
Upon determining the application is complete, the Planning Agent shall transmit copies of the application and reduced-size plans to the Building Commissioner, the Police Chief, the Fire Chief, the Conservation Commission, the Board of Health, the Zoning Board of Appeals and the Board of Selectmen for their advisory review and comments. Each board shall be requested to provide its comments to the Planning Board within 35 days of such submittal. A failure to respond shall be considered as lack of objection to the project as submitted.
C. 
The Planning Board reserves the right to hire a review engineer or other services as necessary at the applicant's expense under the provisions of MGL c. 44, § 53G.
D. 
The Planning Board shall hold a public hearing to consider the application in accordance with the requirements of MGL c. 40A, § 11. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. Failure of the Board to take final action on an application within 90 days after the completed application was filed plus any extensions that have been mutually agreed upon shall constitute constructive approval. All decisions of the Board shall be subject to judicial appeal as is provided in MGL c. 40A, § 17.
Particular effects of development must be considered in the process of site plan review. These include, but are not limited to, the following:
A. 
Adequacy of traffic access. Curb cuts should be so arranged and limited in number as to reduce congestion and improve traffic safety. Proper sight triangles and sufficient turnarounds for vehicles should be provided to reduce the potential for accidents at points of egress.
B. 
Adequacy of traffic circulation and parking. Plans should maximize pedestrian and vehicular convenience and safety both within the site and in relation to adjacent ways. Internal and external traffic circulation, and pedestrian and bicycle access should be adequately provided. Potential traffic impacts, both on and off the site, should be mitigated as may be prescribed by the Board, including, but not limited to, measures designed to reduce automobile trip generation, especially on roadways with demonstrated deficiencies in capacity. There should be sufficient parking as required in Article VIII, laid out in a manner to provide ease in maneuvering of vehicles and so as not to be detrimental to the surrounding properties or to create an undesirable visual effect from the street. Sufficient area for loading and unloading may be required if the need for such loading zone is found to be necessary.
C. 
Provide efficient and effective circulation. With respect to vehicular and pedestrian circulation, special attention shall be given to the location and number of access points to public streets and sidewalks, to the separation of vehicles and pedestrians, to the arrangement of parking areas and to service and loading areas, and to the location of accessible routes and ramps for the disabled.
D. 
Adequacy of landscaping and screening. There shall be a sufficient amount of landscaping and screening, as may be reasonably determined by the Board, to insure protection of and to enhance the quality of the project in question and the adjacent properties. Plans should minimize the visibility of parking, storage or other outdoor service areas as viewed from public ways or premises residentially used or zoned.
E. 
Exterior and parking lot lighting should be adequate to provide for security and public safety.
F. 
Plans should minimize light pollution and lighting intrusion onto other properties and public ways with proper arrangement and shielding, and minimize glare from headlights through plantings or other screening.
G. 
Adequacy of protecting the use of renewable energy resources. Where appropriate and feasible, the site plan shall be so designed as to not unreasonably deter the actual or potential use by the subject property or adjacent properties of energy available for collection or conversion from direct sunlight, wind, running water, or organically derived fuels.
H. 
Relate development to its environment. The proposed development shall relate appropriately to its context. It shall relate harmoniously to the terrain and to the use, scale and architecture of existing buildings in the vicinity that have a functional or visual relationship to the proposed structure(s). Proposals that deviate substantially from established neighborhood patterns are discouraged.
I. 
Preserve the landscape. The landscape, existing terrain, and any significant trees and vegetation shall be preserved in its natural state insofar as practicable. Tree and soil removal shall be minimized and any grade changes shall be in keeping with the general appearance of neighboring developed areas. If natural features and existing landscaping are proposed to be removed, special attention shall be accorded to plans to replace such features and landscaping.
J. 
Provide open space. All open space shall be designed to be visually and physically accessible to the extent feasible. Open space shall add to the visual amenities of the vicinity by maximizing its visibility for persons passing or overlooking the site from neighboring properties. If open space is intended for active use, it shall be so designed as to maximize its accessibility for all individuals, including the disabled, encourage social interaction, and facilitate ease of maintenance.
K. 
Provide for nature's events. Special attention shall be accorded to stormwater runoff so that neighboring properties and/or the public stormwater drainage system are not adversely affected. Plans should allow no net increase in the rate of flow of stormwater runoff (calculated using a one-hundred-year storm event) from the project site, consistent with the Massachusetts Stormwater Handbook. Attention shall also be accorded to design features which address the effects of rain, snow and ice at building entrances and to provisions for snow and ice removal from circulation areas.
L. 
Make advertising features understandable. The size, location, design, texture, lighting, and materials of all exterior signs and advertising features shall not detract from the use and enjoyment of proposed buildings or surrounding properties. Signs and similar features shall be appropriately sized and located in a manner that does not detract from nor disrupt the immediate visual environment.
M. 
Integrate special features with the design. Exposed storage areas, machinery and equipment installation, service areas, truck loading areas, utility connections, meters and structures, mailboxes, lighting, and similar accessory structures shall be subject to such setbacks, screen planting or other mitigation or screening methods as shall reasonably be required to prevent their being incongruous with or offensive to existing or proposed structures and surrounding properties. Special features, which are essential to a structure's function, shall be incorporated into the original structure design, not added as an afterthought.
N. 
Make spaces secure and safe. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation, maximize accessibility by fire, police or other emergency personnel and equipment, and, to the extent feasible, provide for adequate and secure visibility for persons using and observing such spaces.
O. 
Protect Winchendon's heritage. The removal or disruption of historic, traditional or significant uses, structures or architectural features or neighborhood patterns shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties. Significant structures and/or structures with important architectural features shall be identified by the Winchendon Historical Society. New structures, additions, and alterations shall be sympathetic to and complement the scale and design of surrounding historic structures and locally significant buildings of architectural merit.
P. 
Consider the microclimate. A developer who proposes new structures, additional lot coverage, or the installation of machinery or equipment which emits heat, vapor, fumes, or noise shall endeavor to minimize, insofar as practicable, any adverse impact on light, air, and water resources, or on the noise and temperature levels of the immediate environment.
Q. 
Consider Winchendon's resources. The applicant should be prepared to adequately describe the likely demands on local infrastructure, schools and municipal services and offer proposals to mitigate such demands on the Town's ability to provide such services to the project.
R. 
Achieve design excellence. Endeavors to achieve design excellence in all new structures are encouraged. Where the existing character and quality merit change, the design of new structures shall be directed towards a specific design objective. In every case, the structure shall be made compatible with the character of Winchendon by means of the following factors:
(1) 
A silhouette harmonious with the natural landforms and building patterns produced by height limits;
(2) 
Maintenance of an overall height similar to that of surrounding buildings, or a sensitive transition, where appropriate, to development of a dissimilar character; and
(3) 
Use of materials, colors and scales similar to or harmonizing with those of nearby structures and neighborhoods.
The Planning Board shall adopt rules and regulations governing the submission and review of site plans. These regulations shall include a statement of the maximum impacts of a proposal that may be approved without review by the Board, the application procedure, including the required contents of an application, the review procedure, and any requirements for implementing its decision.
A. 
The Planning Board may require the posting of a bond or other adequate security to assure compliance with the site plan and conditions and may suspend any permit or license when work is not performed as required.
B. 
Any site plan approved under this article shall lapse within two years, unless specifically noted otherwise in this bylaw, if the project has not been completed, except for good cause. The time required to pursue and await determination of a judicial appeal pursuant to Chapter 40A of the General Laws shall be excluded from the two-year time limit.
Failure to conform to any conditions, safeguards or limitations imposed on a site plan by the Board shall be a violation of the Zoning Bylaw. Penalties for violations may include the issuance of a cease-and-desist order and are otherwise provided in § 300-13.4.
[Amended 11-2014]
A. 
Granting authority. Special permits may be granted by the Planning Board or by the Board of Zoning Appeals as specified elsewhere in this bylaw. Each of said boards shall be considered a "permit granting authority".
B. 
Criteria. Special permits will normally be granted where specific provisions of this bylaw are met, except when particulars of the location or use, not generally true of the district or of the uses permitted in it, would cause granting of such permit to be to the detriment of the public interest because:
(1) 
It appears that requirements of the bylaws cannot or will not be met; or
(2) 
Traffic generated or patterns of access or egress would cause congestion, hazard, or substantial change in established neighborhood character; or
(3) 
The continued operation of or the development of adjacent uses as permitted in the Zoning Bylaw would be adversely affected by the nature of the proposed use; or
(4) 
Nuisance or hazard would be created to the detriment of the health, safety and/or welfare of the occupant of the proposed use or the citizens of the Town; or
(5) 
For other reasons, the proposed use would impair the integrity of the district or adjoining district, or otherwise derogate from the intent and purpose of this bylaw.
C. 
Conditions.
(1) 
In acting upon special permits, the special permit granting authority shall take into account the general purpose and intent of this bylaw and, in order to preserve community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood, in addition to the applicable requirements of this bylaw, such as, but not limited to, the following:
(a) 
Front, side or rear yards greater than the minimum required by this bylaw.
(b) 
Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, planting, or other devices.
(c) 
Modification of the exterior features or appearance of the structure.
(d) 
Limitations of size, number of occupants, method or time of operation, or extent of facilities.
(e) 
Requirement of off-street parking or other special features beyond the minimum required by this or other applicable codes or regulations.
(f) 
Control of the number, location, size and lighting of signs.
(g) 
Requirement of number, design, and location of access drives or other traffic features.
(2) 
Any development application requiring a special permit from the Planning Board that contains elements requiring a special permit from the Board of Zoning Appeals may be allowed by the Planning Board within the scope of the Planning Board special permit and shall not require a separate application to the Board of Zoning Appeals.