The purpose of these rules and regulations is to establish uniform procedures for the site plan approval process.
Any applicant for site plan review under Article XII of the Winchendon Zoning Bylaw shall comply with the provisions of these rules and regulations.
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 that projects will conform to the spirit of the Zoning Bylaw. It establishes criteria for the layout, scale, appearance, safety, and environmental impacts of developments in an attempt to integrate those projects into the community. Therefore, in reviewing a site plan, the Planning Board will consider the effects of the proposal as listed in § 300-12.6 of the Zoning Bylaw:
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 of the Zoning Bylaw, 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.
Winchendon Zoning Bylaw, May 22, 2006
Unless such authority is clearly assigned to another entity by these regulations, all decisions, determinations or findings made under these regulations shall be made by the Board. The Board may, however, assign that authority to others in special instances. Such decisions, determinations and findings will be made in accordance with the intent of these regulations, the Town bylaws, and the laws. The recommendations of Town staff and Board consultants will be carefully considered by the Board in making such decisions. Unless a super-majority vote is required, such decisions will be made by a majority vote of the Board members.
In construing the meanings of these regulations, the definitions in MGL c. 41, § 81L and the Winchendon Zoning Bylaw shall apply unless a contrary intention clearly appears. Words and meanings subject to question but not addressed herein, in the Zoning Bylaw, or in MGL c. 41, § 81L will be defined by the Board.
Owner of property contiguous to the lot(s) being developed under the site plan review rules and regulations.
The person(s) who applies for approval or endorsement of a plan. An applicant, other than a natural person or persons, must submit evidence that the person actually signing the application is authorized to sign on behalf of the applicant. If the applicant is not the owner of the site being developed, the owner must also sign the application indicating his/her/its consent to the work. See also "developer."
After receiving submitted plans, the Board may vote to approve them. Such action by the Board requires a simple majority vote of those present at a meeting, unless specified otherwise in the General Laws. In the case of final approval on a site plan, only those Board members present at the public hearing or otherwise fully conversant with the plan and the information gathered at the hearing may vote. (Note: Board members who have missed one session of a hearing may vote on that matter pursuant to MGL c. 39, § 23D, as voted by the Town Meeting May 22, 2007.)
American Society for Testing and Materials.
Best management practices as are determined by the Massachusetts Department of Environmental Protection or other environmental groups.
See "Planning Board."
A site that has previously been used and contains or may contain materials that constitute environmental contamination.
Mail sent certified mail, return receipt requested, via the United States Postal Service.
Code of Massachusetts Regulations.
The schedule of fees as most recently adopted by the Board.
The diameter of a tree at breast height, normally four feet above the ground.
A decision made by the Board.
See "applicant."
The control of surface water within the tract of land to be developed.
Sod, loam, clay, sand, gravel, stone, or peat.
An assessment made to determine the possible presence of environmental contamination. These sites are commonly referred to as "brownfields." Such site assessments should be made under the ASTM E-1527 protocol.
An area of land in one ownership, with definitive boundaries, used, or available for use, as the site for one or more buildings.
The General Laws of Massachusetts as are currently in force.
The owner of record as shown by the records of the Worcester County Registry of Deeds or Land Court. An owner, other than a natural person or persons, must submit evidence that the person actually signing the application is authorized to sign on behalf of the owner.
The applicant(s), abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the applicant as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town.
A natural person, a partnership, a corporation, a trust or any other entity that has a right to contract, convey land, sue or be sued under the laws of the commonwealth.
The Planning Board of the Town of Winchendon, established under MGL c. 41, § 81A.
Receipt by the Planning Board establishes the date upon which the time limitation for processing begins.
A document, plan, deed, etc. which has been recorded in the Worcester District Registry of Deeds in Worcester, Massachusetts; except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court.
The Register of Deeds of the county in which the land in question, or the city or town in question, is situated, and, when appropriate, shall include the Recorder of the Land Court.
The Worcester District Registry of Deeds located in Worcester, Massachusetts, and, when appropriate, shall include the Land Court.
The ratio of vertical rise over horizontal distance. It may be expressed as a ratio, 1:2; or as a percentage, vertical rise/horizontal distance * 100.
A native, introduced or naturalized tree which is important because of its impact on community character, its significance in the historic/cultural landscape or its value in enhancing the effects of wildlife habitat. Only trees with a diameter breast high (dbh) of six inches or larger will be considered specimen trees; except trees that have a small height at maturity or are slow growing, such as flowering dogwood or American holly, with a dbh of four inches or larger will be considered specimen trees.
A.
A change in the shape or dimensions of the lot on which a business or other use is located will require a new site plan review. Included in this requirement is the sale of a part of the lot. A lease of part of the premises will also require a new site plan review.
B.
Site plan approval is granted to a particular site owner or business. It does not run with the land. A change of the owner or operator of a business will require a new site plan review. If the new owner or operator proposes no significant changes in the operation, a planning agent review under § 420-2.1 may be sufficient.
C.
A change of use may trigger site plan review. Because the requirements for parking or the effects of traffic will be different, the Board will regard a change of a use listed in one of these groups to a use listed in another group as a change of use:
(1)
Family restaurant serving primarily sit-down meals at customer tables.
(2)
Restaurant primarily serving "fast food"; restaurant offering primarily counter meal service.
(3)
Restaurant offering take-out food.
(4)
Retail store not offering on-site services except garment alterations.
(5)
Retail establishment offering carry-in service of electronics, appliances, small equipment, etc.
(6)
Professional office, e.g.: dentist, attorney, accountant, real estate office.
(7)
Service establishment offering primarily service at other locations (e.g., home service, field service) and having few customers that actually go to the site in question. (e.g., contractor, plumber, electrician).
(8)
A commercial or industrial business, other than a retail store, which receives, ships or delivers, on average, more than one ton of material per day from the proposed site.
(9)
A commercial or industrial business, other than a retail store, which ships or delivers, on average, less than one ton of material per day from the proposed site.
A.
Site plan review shall be required for housing developments as required by § 300-12.2A(2) of the Zoning Bylaw.
B.
Formal site plan review shall also be required for proposed residential subdivisions consisting of three or more dwelling units. This site plan review shall be conducted as part of the definitive subdivision approval process.