Town of Winchendon, MA Article III Formal Site Plan Review Application and Determination

§ 420-3.1 Application.

A. Any person who requires formal review of a site plan under Article XII of the Zoning Bylaw and these regulations must:

(1) File with the Planning Agent, as representative of the Planning Board, a properly completed, tax-certified application for site plan approval, and pay the filing fee and consultant review deposit required by the current fee schedule. If the applicant is not the owner of record of the site, the form shall require the signature of the owner of record indicating that (s)he has no objection to the site work proposed by the plan.

(2) File notice of submission of the plan with the Town Clerk.

(3) The following documentation shall be submitted with the plan:

(a) Proof of the owner's title to the property; e.g., a copy of the deed to the property. If the site is subject to easements, information on applicable easements should be provided.

(b) A list prepared by the Assessors showing the Assessor's parcel numbers, names and addresses of all owners of property abutting upon the land included in the site plan as they appear on the most recent Tax Assessor's list.

(c) Five paper copies of the plan, five copies of the plan in reduced size of approximately 11 inches by 17 inches, 10 copies of the required documentation.

(d) An impact statement as provided in § 420-3.4 (15 copies).

(e) Unless the property has never been previously developed, a copy of all environmental site assessments that have been done on the property or any part that is to be developed. If no previous environmental site assessment has been done on property being redeveloped, the Board may require a Level I environmental site assessment. If the Level I assessment indicates the possibility of contamination, a Level II assessment will be required.

(f) A detailed description of the existing and proposed use. The applicant shall declare whether the facility in question is expected to generate, store, use or dispose of hazardous materials or wastes.

B. Unnecessary materials may be omitted from the application. The Planning Agent, after consultation with the Board Chairman, may allow the applicant to omit from the application such of the listed materials that will not be needed to adequately evaluate the proposal. If the Board later finds that such materials are needed, the applicant shall then supply them.

§ 420-3.2 Form and contents of site plan.

A. The site plan size shall be 24 inches by 36 inches. The drawing shall be at a scale of one inch equals 40 feet or such other scale as the Board may approve. Where a plan is drawn on multiple sheets, it must be accompanied by an index sheet showing the entire parcel involved; and in such case, for ease of reading, matching lines and consecutive numbering shall be provided. The site plan shall contain the following information:

(1) Site location by street and number, boundaries, North point, date, scale and legend; an index or key plan showing the site location at a scale of one inch equals 1,000 feet;

(2) A map showing the location of the site in relation to roads, etc. This may be a copy of part of the Zoning Map or the Assessors' map;

(3) The name and address of the record owner and the applicant, and the name, address, the seal, signature, and date of signing of the registered professional engineer or registered land surveyor as appropriate to the data;

(4) Sufficient data to determine readily the location of all existing or proposed improvements to the site, including structures, roads, driveways, walks, loading areas, parking areas and landscaping; sufficient also to reproduce the same on the ground. All proposed improvements shall be staked out or otherwise appropriately marked on the ground, and the location of said stakes and marks shall be shown on the topography sheet;

(5) The proposed topography with contour lines at two-foot intervals. The surface elevation of all water bodies and wetlands within the tract shall be given. All wetlands shall have been properly flagged and the locations thereof clearly shown. Street and lot lines shall be shown to facilitate orientation. Benchmarks shall be shown and designated. The topographic plan shall bear the stamp, date, and signature of either a registered professional engineer or a registered land surveyor; the location of all outdoor storage areas for materials or merchandise and the nature of the materials so stored or to be stored;

(6) The location of all existing and proposed signs;

(7) Suitable space shall be provided to record the action of the Board and the signatures of the members of the Board (or officially authorized person). Directly above this space shall be the words, "Approval of this plan is granted on the conditions listed in a separate Statement of Conditions which is part of the approval of this site plan." This block shall be just below the required ID block and both shall be within six inches of the right side of the plan.

B. The above data and that required by § 420-3.3 shall also be submitted on compact disk in AUTO CAD format, with all data related to state plane coordinates. Narrative and tables may be in WORD or EXCEL format.

§ 420-3.3 Supplemental plan information required.

The following information shall be provided on the same sheet, on separate sheets, or in narrative or table format as appropriate:

A. The names and full contact information for every person involved in developing the plan and who may have to be contacted for clarifications or additions. Such information must include mail address, land line phone number, fax number and email address. A cellular phone number should be included, if available.

B. The existing topography with contour lines at two-foot intervals. The surface elevation of all water bodies and wetlands within the tract shall be given, and ground surface shall be identified as to type, such as woodland, swamp, flowages, etc. All wetlands shall have been properly flagged and the locations thereof clearly shown. Street and lot lines shall be shown to facilitate orientation. Benchmarks shall be shown and designated. Brooks, ditches, walls and structures and spot elevations of high and low points shall be shown and identified. One-hundred-year floodplain limits shall be clearly indicated. Any additional information required by the Conservation Commission or the Board of Health shall also be shown. The topographic plan shall bear the stamp, date, and signature of either a registered professional engineer or a registered land surveyor.

C. Site improvements. A table shall show the legal requirements (minimums, maximums) of the zoning district (where applicable), existing conditions (where applicable) and the proposed site conditions for the following characteristics: lot size, total lot coverage, open space, percent wetlands, percent floodplain, developable site area, front yard, side yards, rear yard, any buffers, building height, minimum distance to groundwater, pre- and post-development runoff rates and groundwater recharge, net floor area and the number of parking spaces (including numbers of reserve parking, handicapped, and small car spaces), with supporting calculations. The table shall give the percentage of reserved parking spaces with respect to the total number of spaces provided.

D. The volume of "earth" as defined in § 420-1.6 of this chapter to be removed if applicable, or a statement indicating that "no earth is to be removed." Calculations for determining the amount of earth to be removed and/or the amount of fill to be brought to the site shall be prepared by and show the signature and seal of a registered professional engineer.

E. The plan shall indicate all easements, covenants or restrictions applying to the land, including zoning setbacks, side yards and rear yards. In addition, the plan shall show the proposed location of all buildings, wells and septic systems, if applicable, within the site. There must be a profile plan at a horizontal scale of 40 feet to the inch showing the size and location of existing and proposed water mains, fire hydrants, sewer lines, their appurtenances, and any other underground utilities including but not limited to electric, gas, telephone, or cable television services within and adjacent to the site. All fire hydrants off the site but within 500 feet of the principal building on the site shall be shown. If the site is to utilize an on-site well, its proposed location must be shown in addition to its setbacks from any building, structure, or sewage disposal system. The location of wells on abutting properties should be shown on the plan.

F. The location of any proposed municipal fire alarm boxes or other warning systems and any proposed fire lanes shall be clearly shown and identified. Any underground conduit for municipal fire alarm connections shall be shown.

G. The location of any underground storage tanks for fuel or other chemical storage, including the tank types, capacities, and conditions shall be shown. If existing underground storage tanks are present at the site, their location, size, capacities, type and date of installation shall be given. The Fire Chief will determine whether the tanks may be reused or should be removed.

H. Storm drainage runoff calculations used for the drainage system design must be prepared by and display the seal of a registered professional engineer. These calculations must be based on a recognized standard method (usually the Rational Formula or Natural Resources Conservation Service Method). The calculations must contain a written summary explaining the rationale of the design so that a layperson can understand the basic design approach and its validity for the site in question. Furthermore, the calculations should be fully documented, including copies of charts or other reference sources to make review possible. The pre- and post-development runoff rates must be provided. The use of computer-generated reports is acceptable; however, the source of the software should be identified.

(1) Calculations shall be provided to support the sizing of all drainage structures and pipes. The system design shall not result in serious flood hazards during a one-hundred-year storm. If the site plan includes a reserve parking area, the storm drainage system for this area should be included in these calculations.

(2) Location and types of stormwater drainage facilities, including notes on the construction materials of any pipes, culverts, catch basins or any other system component. Sufficient information relating to placement of the drainage system components (rim and invert elevations, pipe slopes, amount of cover, etc.) shall be shown so that the operation of the system can be evaluated. Any drainage ponds intended to be constructed shall be shown, fully dimensioned. If a reserve parking area is proposed, the plan shall show the stormwater drainage structures intended for construction should the reserve parking area be built in the future.

(3) A typical detail of a proposed catch basin, diversion box, emergency slidegate, manhole, headwall, retaining wall, walkway, subdrain, waterway, leaching basin, drainage pond, or other similar structure, if any, must be shown. In the Groundwater Protection Overlay District, catch basins must be precast concrete with gas traps (Lebaron 1-219, Neenah 3705, or equivalent). Precast catch basins must show gas traps and construction joints sealed with a minimum of one-inch butyl-rubber gas-tight sealant or equivalent caulking material.

(4) Water balance calculations for sites all or partly within a Groundwater Protection Overlay District: The portion of the site in each Groundwater Protection Overlay District shall be noted. A yearly hydrologic water balance calculation for pre- and post-development conditions based on annual precipitation that quantifies evapotranspiration, runoff, recharge and septic flow shall be included. Compliance with applicable portions of § 300-4.5 of the Zoning Bylaw shall be demonstrated.

I. If the site lies within a known aquifer or potential area, the Board may require a hydrogeological study based on the most current groundwater survey.

J. The plan must include existing and proposed pavement, sidewalks, grass strips and side slopes.

K. The perimeter outline of any existing or proposed on-site sewage disposal systems, including any required reserve areas, shall be shown. The type of sewage disposal system shall be identified by a simple notation. Design and construction specifications for a sewage disposal system must comply with the Board of Health's regulations and be approved by that Board prior to final approval of the site plan. The proposed location of the sewer main running from the building to the sewage disposal system must be shown. If a sewage system other than an on-site sewage disposal system is to be used, the location of any sewer main to be installed on the property in question must be shown and adequate capacity at the off-site system demonstrated. If the proposed development includes the construction of a sewage treatment plant, then the location of the plant and the sewer main to serve the facility in question must be shown.

L. The front, sides, and rear elevations of each building shall be shown at an appropriate scale, generally not less than 1/8 inch equals one foot. The sill height and peak height of each building shall be shown, referenced to the site benchmark used for the topographical plan.

M. All provisions for off-street loading and unloading shall be shown on the plan. A detailed description of the loading/unloading needs of the proposed use shall be provided and shall include, at a minimum: the number of deliveries/departures expected per day; size and type of vehicles loading/unloading at the site; type of goods, materials, etc. being loaded/unloaded. Location of loading/unloading areas at the site and access/egress to/from the site shall be shown on the plan.

N. All parking facilities shall be shown with proper dimensions. Parking spaces must be identified as either standard size, handicapped, or compact car parking spaces.

(1) A floor plan shall be provided for each floor of each building, whether such building is existing or proposed, so that compliance with the parking requirements of the Zoning Bylaw for the use to be conducted on the floor in question can be demonstrated. Each floor plan must be dimensioned to show the net floor area. The floor plan shall be drawn at a scale of 1/4 inch equals one foot or other scale acceptable to the Board.

(2) A typical detail of each type of parking space to be used on the site showing the dimensions of the "parking stall length of line" and the "width of parking stall" so that compliance with the parking area design standards of the Zoning Bylaw or its appendices is evident.

O. The location of any existing or proposed outdoor lighting facilities shall be shown.

P. Landscaping information must be shown on a separate plan sheet or sheets. In addition to showing landscape treatments planned for the site, the landscape plan shall include general site features such as lot lines, existing and proposed structures, parking areas, curbs, walkways, loading areas, land contours, water bodies, wetlands, streams, ledge outcroppings, and large boulders so that it may be easily related to the other plans. Any area intended to meet parking lot landscaping area requirements of the Zoning Bylaw shall be fully dimensioned and its area noted so that compliance with the Zoning Bylaw may be determined. The screening of parking areas facing public ways and residential zones or uses shall be required.

(1) Planting table. The botanical and common name of each species, its height (at planting), its spread (at maturity) and the quantity intended to be planted shall be listed in a table, along with the symbols used to represent the plants on the plan.

(2) Landscaping details. A typical detail of a tree well, tree planting, and specialty planting area, if applicable, shall be shown.

(3) Limits of work. Any area where existing conditions may reasonably be expected to be disturbed during construction shall be shown and identified on the landscape plan.

(4) Perimeter of trees. The perimeter of any existing wooded areas on the site shall be shown. Existing wooded areas intended for preservation shall be noted. The location, size, and proposed fate of any existing trees larger than 16 inches Dbh shall be shown.

Q. All proposed signage shall be shown on the site plan. Each sign shall also be fully described on a separate sheet. Said description shall include, at a minimum, dimensions, materials of which it (they) is (are) to be constructed, how and where they are to be displayed, etc. All signage shall conform to the requirements of Article IX of the Zoning Bylaw. The outline or footprint of any existing signs shall be shown and their final disposition must be noted.

R. If licenses, permits, orders of conditions and other approvals have been issued by any public authority in connection with this site development, copies of such documents shall be furnished. The applicant shall also provide copies of any such approvals issued during the pendency of the application.

S. Notes shall be included on the plan that:

(1) Forbid the use of fill containing hazardous materials.

(2) Require the marking of the limits of work in the field before the start of construction or site clearing.

(3) Require the cleaning of catch basins, sumps and stormwater basins following construction and annually thereafter.

(4) Restrict the hauling of earth materials to or from the site to the hours between 9:00 a.m. and 4:00 p.m. on weekdays.

(5) Describe the materials to be used in the construction of impermeable surfaces such as sidewalks and driveways.

T. If the project is to be built in phases, a plan or series of plans showing specific limits of construction for each phase and detailing the work to be accomplished in each phase shall be provided. Interim curbing and landscaping shall be shown as needed between phases.

U. Design certifications. Each plan sheet shall show the seal of a registered professional engineer, registered land surveyor, registered landscape architect, registered professional architect, or some combination of these as appropriate to the data on the sheet.

V. The plan shall show the following, where applicable:

(1) Clear identification of each area intended to be used as open space on the site with the square footage of each such area shown. A separate sheet may be necessary to show these areas adequately.

(2) All driveway entrances dimensioned so that compliance with the access requirements of the Zoning Bylaw may be determined. The size of the largest truck expected to use the site shall be noted. All the drives and entrances must be designed to accommodate the designated size of truck. The smallest size for the design shall be the SU-30 design vehicle so that fire trucks may maneuver on the site.

(3) Intersections and driveway entrances on other lots within 75 feet of the site with the distance between driveways dimensioned.

W. The application may contain such additional information the applicant feels is necessary to inform the Board properly about the development, including legal opinions, copies of deeds, historical data, studies, and reports.

X. The Board is empowered by these regulations to require information in addition to that specifically required by these regulations. The Board will require the applicant to supply additional information if it finds that such information is necessary to act properly upon the application.

§ 420-3.4 Impact statement.

A. The impact statement shall clearly and methodically assess the relationship of the proposed development to the natural and man-made environment of the Town. It is intended that the statement be a guide to the Planning Board in its judgment and deliberation on the proposed development and its compatibility with existing conditions and planning efforts of the Town. While reviewing the statement, the Board will consider the degree to which the applicant has proposed to sustain the environmental health of the community, minimize adverse effects on the natural resources, promote safety of the inhabitants of the area, and preserve the character of the Town. Failure of the plans or the impact statement for the proposed development to indicate such compatibility may be grounds to require revision of the proposal at the determination of the Planning Board.

B. The Planning Board may waive any section, or sections, of the statement which it deems inapplicable to the proposed project.

C. It will not be necessary to repeat in the impact statement material covered elsewhere in the application, but appropriate references to that material should be included in the impact statement.

D. The elements of the statement shall be prepared by professionals registered in Massachusetts to practice in their fields where so specified or by authorities recognized in their field as having reached a professional status or its recognized equal.

E. Each impact statement shall address the following elements:

(1) Existing conditions element. This element may reference the existing conditions plan provided as part of the application and shall describe the following:

(a) Location, size, and current use of existing parcel(s).

(b) Existing infrastructure and buildings on site.

(c) General description of the soil and geological conditions of the site, including results of any soil testing.

(d) Inclusion of any unique site characteristics, including but not limited to features deemed important by the Massachusetts Historical Commission, Natural Heritage, FEMA.

(2) Proposed development element, which shall describe the following:

(a) List of all other permits, federal, state and local, required for the proposed development.

(b) An area tabulation which will state along with the total area and percentage of the following:

[1] Site area.

[2] Wetland and other resource areas on site.

[3] Area dedicated to drainage and other utilities.

[4] Proposed impervious area.

[5] Total area of disturbance.

[6] Area reserved for recreation, parks or other open land.

(3) Transportation element, which will include:

(a) Traffic generation. A comparison of the estimated pre-developed traffic to post-developed traffic; including: volume, overall average daily traffic generation, composition, peak-hour levels, directional flows and street capacities. The methodology used to derive these predictions shall be included.

(b) Description of all proposed roadways and other travel areas, including pavement width, right-of-way width, total length, means of egress, and maximum grade.

(4) Construction element. This element may reference the development plan provided as part of the application and shall include the following:

(a) Estimated construction schedule, including phasing, clearing schedule, hours of operation, exposure time.

(b) Estimates of the cost of performing the various items of required work. (This is for consideration in determining the amount of performance bond or cash security as required in § 420-3.8.)

(c) Estimate of proposed cut and fill volumes, schedule for bringing fill on site and off site, and the source(s) of purchased fill.

(d) Describe the methods to be used during construction to control erosion and sedimentation (i.e., use of sediment basins and type of mulching, matting, or temporary vegetation), describe the size and location of land to be cleared at any given time and length of time of exposure, covering of soil stockpiles, and other control methods and their effect on the site and on the surrounding area.

(e) Describe permanent methods to be used to control erosion and sedimentation. Include description of:

[1] Any areas subject to flooding or ponding.

[2] Proposed surface drainage system.

[3] Proposed land grading and permanent vegetative cover.

[4] Methods to be used to protect existing vegetation.

[5] The relationship of the development to the topography.

[6] Any proposed alterations of shorelines, marshes or seasonal wet areas.

[7] Any existing or proposed flood control or wetland easements.

[8] Calculated increase of peak run-off caused by altered surface conditions and methods to be used to return water to the soils.

(f) In reviewing the statement, the Board will consider the degree to which water is recycled back into the ground, the maintenance and improvement of the flow and quality of surface waters, the preservation or promotion of wildlife refuges, historic sites, unique geological, botanical and archeological features, existing or potential trails and accesses to open space areas, and the health and safety of the inhabitants of the area.

(5) Public utility element prepared by a professional engineer registered in Massachusetts, to consist of the following subelements:

(a) Water supply and distribution. The average daily and peak demand; method of supply to the proposed buildings. Coordination with the Town Water Department, and, if deemed advisable, appropriate state agencies, is strongly recommended.

(b) Sewage treatment. The average daily and peak demand; and any unusual composition or concentration of component flows into the proposed system(s), the method to serve the proposed buildings. Coordination with the Board of Health, the Department of Public Works, and, if deemed advisable, appropriate state agencies, is strongly recommended.

(c) Storm drainage. Description of existing surface drainage characteristics of the site and surrounding areas. Methodology of post-developed stormwater management, including methods of maintaining existing drainage pattern, and explanation of how the proposed stormwater management system complies with Massachusetts Stormwater Handbook.

(d) Solid waste. The average weekly demand; expected contents; recycling potential; on-site incineration, reduction or compaction; and method of disposal, including its ultimate destination.

(6) Conservation and recreation element, to contain the following:

(a) Description of existing vegetation, water, wetlands and resource areas and explanation of any proposed activity within a resource area.

(b) Surface water and soils. Describe the location, extent and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the project, including existing surface drainage characteristics, both within and adjacent to the project.

(c) Subsurface conditions. Describe any limitations on the proposed project caused by subsurface soil and water conditions, and methods to be used to overcome them.

[1] Describe the procedures and findings of percolation tests conducted on the site.

[2] Evaluate the impact of sewage disposal methods on the quality of subsurface water.

(d) Water quality impact from run-off on adjacent and downstream surface water bodies and subsurface groundwater and the water table shall be detailed. Coordination with state and Town water quality agencies, including the Board of Health and Conservation Commission, is recommended so that necessary agreements and responsibilities can be included in the study of the proposed development and its alternatives. The relationship of the proposed development to navigable streams, floodplains, and municipal water supply impoundments and reservations shall be shown.

(e) General ecology. The relation of the proposed development to the major botanical, zoological, geological and hydrological resources of the site shall be examined. Consideration of those resources adjacent to the site shall also be made where deemed appropriate by the Planning Board. Consideration shall also be given to rare or endangered species of plants and wildlife found on the site.

(f) It shall also deal with the compatibility of existing soils with the proposed development.

(g) It shall describe any proposed recreational facilities/open space, a statement of intended owner(s) of any proposed recreational facilities/open space, and indication as to whether the recreational facilities/open space will be available to the public.

(7) Sustainable energy element. This element shall discuss the effects of the proposed development on the production and consumption of energy; on the generation and absorption of greenhouse gasses; and other conditions which will affect the sustainability of our community in the rapidly changing environment. The Board will welcome proposals that will reduce net effects on global warming.

(8) Aesthetics element, to consist of the following:

(a) Architecture. The style of architecture of the proposed buildings shall be described and their compatibility with the function of and the architectural style of adjacent buildings. Sketches, photos, elevations and renderings are encouraged to illustrate architectural appropriateness as well as innovation. Consultation with the Building Commissioner is recommended.

(b) Lighting. The type, design, location, function and intensity of all exterior lighting facilities, existing and proposed, shall be described. Attention given to safety, privacy, security, avoidance of light pollution, and daytime and nighttime appearance shall be detailed.

(c) Landscaping. Provisions for landscaping shall be described, including type, location and function.

(d) Visual. Attention given to views into the site and from the site shall be described. Included shall be long-distance views as well as to and from adjacent properties. Visual impact may be related to the preceding subelements concerning the overall aesthetics of the proposed development.

(9) Neighborhood and community element, to consist of the following:

(a) Schools. The expected impact on the school system pre-kindergarten, elementary, middle school, and secondary levels, by type of housing (single-family, garden apartment, townhouse, high rise, etc.), and by bedroom (one-bedroom, two-bedroom, etc.). The number of students; school bus routing changes if found necessary. Coordination with the Superintendent of Schools is recommended, particularly for large residential developments.

(b) Police. The expected impact on police service, time and manpower needed to protect the proposed development; provision for special alarm or warning devices or agents and other needs shall be presented. Coordination with the Police Department is recommended.

(c) Fire. Expected fire protection needs, on-site fire-fighting capabilities, on-site alarm or other warning devices, flow water needs, source and delivery system and other needs shall be presented. Coordination with the Fire Department is recommended.

(d) Existing neighborhood land use. Compatibility with adjacent or nearby existing land uses, or approved private development plans, if known, for adjacent or nearby land use changes to occur during the life of the proposed development. If the proposed uses are not compatible, the reasons therefor shall be detailed. Consultation with the Planning Agent is strongly recommended.

(e) Master Plan element. The statement shall detail the compatibility of the proposed development and its alternatives to any established plans of the Planning Board, Conservation Commission, Department of Public Works and other Town and state agencies, as applicable. If not compatible, the reasons therefor shall be detailed.

(10) Social-economic element, to consist of the following:

(a) Population. In residential development, the overall population; ranges in expected family size by housing type and bedroom count; ranges in expected income and other relevant social data shall be estimated.

(b) Low-/moderate-income housing. In residential developments, any provisions for low- and/or moderate-income housing shall be identified as to type of housing and bedroom count; state or federal subsidies proposed to be applied for; and indication, if any, from the appropriate agencies, including the Winchendon Housing Authority, as to its desirability and feasibility in regard to its location, financing, and any operating subsidy.

(c) Employment. In all nonresidential developments and in large residential developments, the number and types of job skills to be employed shall be detailed. This shall include both construction labor and full-time work force when the development is in operation; employment by shift; estimates as to the amount of local labor which is intended to be used.

(11) Municipal benefit/cost element. A primary part of this element shall be an analysis of the net benefit or cost to the Town in dollars, as complete as is practicable. This municipal benefit/cost analysis should follow standard and usual procedures and parameters for measuring both the benefits to be derived and costs to be incurred by the Town of Winchendon as a result of the implementation of the proposed development. It will be helpful to provide one or more benefit/cost analyses for alternative uses to provide for a basis for comparison. Except in unusual cases, or when the construction of a proposed development is scheduled to take place in distinct and separate phases and each phase may be functional and operable without any or all of the others, the municipal benefit/cost analysis may assume full and complete development and occupancy. In phased development or in other unusual cases, the Planning Board may require more than one analysis (an analysis for each phase) and/or more than one impact statement. This element may also estimate net benefit or costs of nonqualifiable environmental impacts.

(12) Waste generation and disposal element. The types and volumes of solid waste likely to be generated by the proposed use shall be listed. The means of handling these wastes shall be given in detail. Particular attention shall be paid to the type, location, and screening of outdoor waste containers. If hazardous wastes will be produced, full detail as to their nature and means of disposal shall be provided.

§ 420-3.5 Agency review.

A. Distribution of copies to other agencies. Upon determining the application is complete, the Planning Agent shall transmit copies of the application and reduced-size plans to the Building Commissioner, the Department of Public Works, 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. If the site lies partially or wholly within an historic district, the Historic District Commission shall be provided with a copy. Should any part of the proposed project lie within 200 feet of the Town line or such copies be requested by any board or agency in an adjoining town, copies of the proposal shall be provided to that board, agency, and the Planning Board of such adjacent town. 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. (Zoning Bylaw, § 300-12.5B)

B. Review by the Planning Agent. The Planning Agent should review the plan as time permits. This review should endeavor to insure the completeness of the plan and to highlight parts of the plan that particularly further the intent of the Winchendon Master Plan, the Open Space and Recreation Plan, any other plans that have been approved by the Planning Board, and any policies of other departments of the Town government; or which diverge from the provisions of those plans and policies. Specific attention is to be paid to:

(1) That copies of the plan have been properly submitted to the Board of Health, the Conservation Commission, the Department of Public Works, and that a consulting engineer has been engaged (if such is being required); and

(2) That the applicant is the owner of record of all the property shown on the plan or has legal authority from the owner to submit the plan; and

(3) That the abutters list is certified by the Assessors, that the abutters have been properly notified, the hearing has been properly advertised and posted; and

(4) That the plan shows the entire lot or lots on which the site is located; and

(5) That each of the elements and subelements of the application and impact statement have been addressed unless those elements are deemed unnecessary; and

(6) The effects of the proposed development on the sustainable energy and greenhouse gases production policies of the Board, the Town, and the state;

(7) Provide comments to the Board on the effects and proposals that she/he has highlighted in the impact statement and any other statements that have been required.

C. Report of the consulting engineer. If, in the opinion of the Planning Agent, after consultation with the Chair of the Board, the complexity of the plan or specific details so require, the plan will be reviewed by a consulting engineer retained by the Board at the expense of the applicant. The cost and payments will be handled in accordance with MGL c. 44, § 53G. This review will include the following items:

(1) The proposed locations, sizes and grades of water mains, sanitary sewer mains and storm drainage facilities.

(2) The location of existing and proposed structures, roads, driveways, loading and unloading areas, parking areas, and landscaping, particularly with respect to on-site traffic and pedestrian movement and stormwater disposal.

(3) Any deviations from the design and work requirements specified in these rules and regulations or the Town of Winchendon's Design Standards and Construction Specifications, if any, issued by the Town Engineer or Department of Public Works, the applicant's detailed specifications for performing the required work and all special construction requirements, if any, applicable to the site.

(4) Comments as to the accuracy of the applicant's estimates of the cost of performing the various items of required work. (This is for consideration in determining the amount of performance bond or cash security as required in § 420-3.8.)

(5) Such other items as the Board, in its sole judgment, shall deem necessary for the proper evaluation of the plan and any changes or conditions which should be included in its decision.

D. Board of Health review. The Board of Health shall, within 35 days following receipt of a site plan, report to the Planning Board, in writing, its approval or disapproval of said plan. In the event of disapproval, it shall make specific findings as to why the plan or any portion of the plan will cause injury to the public health, and shall include the reasons therefor in its report. Failure to so report shall be deemed lack of objection by the Board of Health. Should the Board of Health be unable to complete a full review of the project within the required thirty-five-day window, it shall file a preliminary statement indicating any problems found within the 35 days and a completed statement as soon as possible thereafter.

(1) Every site so situated that it cannot be served by a connection to the municipal sewer system shall undergo a percolation test carried out under the supervision of the Board of Health's Septic Inspector, according to the procedures required by state law and Title V of the state regulations. Such lot shall be provided with a septic tank and drain field or other disposal system whose design and placement are satisfactory to the Septic Inspector.

(a) Extreme care shall be practiced in the layout of a site in unsewered areas. The extent of soil evaluation should be determined by the Winchendon Board of Health based on the Town of Winchendon soils map and whatever other soil information is available.

(b) Required testing should include deep test holes, percolation tests and test borings, and the number of tests required shall be determined by the Board of Health investigator.

(c) Notwithstanding the above, a permit to construct one or more subsurface absorption areas must be obtained from the Board of Health.

(2) Site plan approval will not be granted on any site unless the Board of Health has approved the sewage disposal provisions.

E. Conservation Commission and other reviews.

(1) The Conservation Commission, Town Engineer and any other agency designated to receive and review a site plan shall, within 35 days following receipt of such plan, report their findings in writing to the Planning Board, and shall make recommendations thereon. Should the agency be unable to complete a full review of the project within the thirty-five-day window, it shall file a preliminary statement indicating any problems found within the 35 days and a completed statement as soon as possible thereafter. Failure to so report shall be deemed a lack of objection to the plan.

(2) The Department of Public Works is specifically requested to report on the likely effect of the proposed site plan on any plans for road or infrastructure improvements, the effect of any such improvement plans on the site plan, and the need for future road and infrastructure improvements that may result from implementation of the site plan.

F. Approval of water mains and hydrants. If water mains and hydrants are to be installed, the written approval of the Department of Public Works and the Fire Department shall be required before site approval is granted.

G. Site visit. It will be the policy of the Board to conduct a site visit. The applicant, his/her engineer or surveyor, and any other professionals that have contributed to the plan will be expected to attend unless excused by the Board. This visit will be arranged at the convenience of the Board either before or during the public hearing process. The purpose of the visit is to acquaint the Board members with details of the site, access to the site, and to envision the proposed development. This will enable the members to more accurately assess the proposal. If the Board has conducted a site visit relating to this proposal previously, it may waive another visit.

§ 420-3.6 Public hearing.

A. Schedule for hearing. The Board shall set a date for the public hearing within 14 days after receipt of the completed application.

(1) The date of the hearing shall be not more than 45 days after the receipt of the completed application.

(2) Notice of the time and place and the subject matter, sufficient for identification, of the hearing shall be given:

(a) By the Planning Board, at the expense of the applicant, by advertisement in a newspaper of general circulation in Winchendon once not less than 14 days before the day of such hearing. Prepayment of the advertising charge will be required with the application.

(b) By posting a notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing.

(c) By mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent tax list.

B. Delay because site cannot be viewed. The time allowed for any review of the application will be extended by the time during which the part of the site proposed for development is covered with water, snow, or ice. Such time will be determined by the Board. Until the site can be properly viewed, the application will be considered incomplete.

C. Incomplete application. If, at the scheduled hearing, the Board determines that the application does not include all the information required by statute, Town bylaw or Board regulation, the Board will entertain a request for a continuance of the hearing for such number of days as the applicant may request, provided the applicant also agrees in writing to an extension of the time in which the Board must take final action on the application by 30 days more than the requested continuance. This process will be repeated as many times as is necessary to secure a complete application. Should such a request and agreement not be made, it will be the policy of the Board to deny the application as incomplete without further proceedings. Resubmission of the application thereafter will require a new application fee and advertising charge.

D. Hearing procedures.

(1) An applicant may appear on his/her own behalf or be represented by an agent or attorney. It is the responsibility of the applicant or the agent of the applicant to present the application to the Board and to the public. In the absence of an appearance, the Board may decide the matter using the information it has received.

(2) Presentation of the application by the applicant should not exceed 10 minutes in duration except for good reason. The applicant may be requested to answer questions raised by the Board or the public.

(3) At the beginning of the hearing, the Board will consider any requests by the applicant that specific information be omitted from the application as unnecessary. A grant of such requests shall not preclude the Board from requiring that such material be submitted at a later date if the Board then finds such material essential to its consideration of the application.

(4) The Board will retain any evidence that has been introduced at the hearing for reference in its deliberations on the case.

(5) In no case will the Board allow new evidence to be admitted after the close of the public hearing unless this evidence was specifically requested by the Board before the close of the public hearing.

(6) Any application for site plan approval submitted hereunder may be withdrawn without prejudice by notice in writing to the Board before the notice of public hearing is posted or mailed pursuant to Subsection A above. Withdrawal of any application thereafter requires Board approval. No refund of fees will be provided if an application is withdrawn.

E. Continuation of hearing.

(1) If a hearing is continued to another date in order for the applicant to submit additional information, that additional material must be submitted to the office of the Planning Agent not less than 10 days prior to the continuation date so that it may be reviewed by the Board's consultant(s) and by the Board prior to the actual continued hearing.

(2) The Board's consultant is instructed to submit copies of his reports directly to the applicant at the same time they are provided to the Board through the Planning Agent. The applicant and the consultant(s) are encouraged to consult directly so that all issues may be resolved as quickly as possible. The Board, through the Planning Agent, must be informed of the substance of such direct consultations.

(3) The period within which final action shall be taken may be extended for a defined period of time by written agreement between the Board and the applicant. If the Board determines that the application is inadequate for the Board to make a decision, the Board may, at its discretion, continue the hearing to a later date to permit the applicant to submit a revised application, provided the applicant agrees to a time extension.

F. Board evaluation of the plan. The Board will evaluate the plan based on its conformity to the requirements of the statutes, local bylaws, the Zoning Bylaw with particular reference to the criteria contained in § 300-12.6 (see § 420-1.4 of these regulations for a copy of the criteria), the findings of the consulting engineer, the Board of Health report, the Conservation Commission report, and the willingness of the applicant to address, and if necessary to mitigate, the various impacts shown by the impact statement. The Board will work with the applicant in an effort to achieve a project that will meet the needs of the applicant and those of the Town.

G. Approval of the plan. After the reports from the consulting engineer, the Board of Health, and the Conservation Commission have been received, or after the lapse of 35 days with no such report(s), and after the public hearing, the Board shall approve or (if the plan does not comply with the Winchendon zoning and other bylaws, the Winchendon site plan review rules and regulations or with the recommendations of the Board of Health or the Conservation Commission) shall modify and approve, or disapprove such plan, shall file a certificate of its action with the Town Clerk, and shall send notice of its said action by registered or certified mail, postage prepaid, to the applicant at his/her address stated on the application. Approval of a plan requires the vote of a majority of the Board members present. (Zoning Bylaw, § 300-12.5D)

§ 420-3.7 Conditions of approval.

A. Standard conditions. The following standard conditions will be applied to all plans unless particular sections are waived by the Board:

(1) Approval of this site plan is granted to the named applicant only and only for the purpose(s) stated in the application or as it may have been amended. It is not transferable for any other use of the site by the applicant nor to any other person except with the approval of the Board. The Board reserves the right to review any work done on the site even after any proposed construction is completed and to determine that the actual use(s) of the site conforms to those allowed by this approval.

(2) Any officer, agent or employee of the Planning Board, Conservation Commission, Zoning Board of Appeals or Board of Health may enter upon the site at reasonable times, with or without prior notice to the applicant, in pursuit of official duties, such as examinations and surveys, examination of construction undertaken, and the purposes for which the site is used. (MGL c. 41, § 81CC; MGL c. 131, § 40; MGL c. 111, §§ 31, 122 and 127A)

(3) The time allowed for any inspection required under these conditions, the Planning Board's regulations, or the Town bylaws will be extended by the time during which the site is covered with water, snow, or ice. Such time will be determined by the Board.

(4) A performance guarantee, in the amount of $_____, is required to assure completion of the project. Such guarantee shall be filed with the Town Collector/Treasurer within 30 days from the date of this site plan approval, unless an extension of time is mutually agreed upon in writing by the developer and the Planning Board. A copy of the receipt issued by the Town Treasurer for this guarantee shall be filed with the Planning Board forthwith.

(5) This site plan approval, together with this list of conditions and the performance guarantee, must be filed at the Worcester Registry of Deeds forthwith, but not later than 60 days after the expiration of the appeals period plus such time as may be consumed in any appeals process. A copy of the receipt from the Registry must be filed with the Planning Board forthwith. No construction may be started until there has been such filing. If these required documents are not filed within the required time, this site plan approval shall be void.

(6) Upon completion of the project, notice shall be given as provided for in § 420-6.5A of these regulations.

(7) Construction shall be in full conformity with the Rules and Regulations Governing Site Plan Review as issued by the Planning Board, unless an exemption is granted by the Planning Board. Such exemption, if granted, is stated below as one of the conditions.

(8) No sand, soil, loam, sod, gravel, or other natural or quarried earth product shall be removed from the site until the entire parcel has been graded and condition A(9) satisfied. Loam must be stockpiled and covered so as to be protected from erosion.

(9) The clearing, excavation or removal of vegetation or the excavation or removal of sand, soil, loam, sod, gravel, or other natural or quarried earth products is allowed only in accordance with § 300-10.6 of the Winchendon Zoning Bylaw, and specific conditions for such removal or redistribution are included in the special conditions appended to these general conditions.

(10) The project must be completed to the satisfaction of the Planning Board within two years from the date of this site plan approval unless an extension of time is mutually agreed upon in writing by the applicant and the Planning Board. If this work is not completed within the required time, including approved extensions, this site plan approval shall lapse and become void.

(11) If the site contains pond, lake, brook, stream, river, standing water, or any indication of the presence of wetlands, the applicant must comply with all Wetlands Protection regulations, including those found in § 300-4.3 and § 300-4.4 of the Town of Winchendon Zoning Bylaw.

(12) The applicant must comply with all orders of the Winchendon Conservation Commission.

(13) Work under this site plan shall be commenced within six months of the date of its approval, increased by any time consumed by appeals of the approval, and shall be diligently pursued thereafter until the completion of the work. The Planning Board may extend this period if so requested by the applicant. If the work is not so commenced and pursued, this site plan approval shall lapse and become void.

(14) This approval and conditions are in addition to other permits and approvals. Nothing in this decision shall be deemed to relieve the applicant from its obligation to obtain other permits and approvals required by law or regulation.

(15) Any substantive error in the application or any subsequent filing by the applicant or his successor shall be cause for revocation of the Board's approval. Due notice and hearing shall be required prior to any Board action.

(16) The Board on its own motion or on the petition of any interested person reserves the power to modify, amend or rescind its approval of this plan or to require a change in the plan after due notice and opportunity for the applicant to be heard.

B. Special conditions. The Board may attach special conditions to the approval of the site plan. Such special conditions may include such waivers as may be granted from the design and construction standards of these regulations and inclusion of any other conditions the Board may deem necessary. The special conditions will be appended to the general conditions stated in Subsection A.

§ 420-3.8 Performance guarantee.

A. Requirement for a performance guarantee. If the Board determines that the applicant's failure to properly complete the proposed site work after such work has been started will have a significant adverse impact on neighboring uses, the community, or on the site itself, the Board may require the applicant to post a guarantee of performance in an amount acceptable to the Board as provided below.

B. Filing of the performance guarantee. Such required performance guarantee must be filed with the Board within 30 days after the expiration of the appeal period of the approval or the site plan approval shall be void.

C. Form of guarantee. If a performance guarantee is required under this section and before endorsement of its approval of a plan, the guarantee shall be by one of the methods described in the following Subsection C(1) or (2), which method may be selected by the applicant:

(1) By a proper bond with surety, sufficient in the opinion of the Planning Board to secure construction in accordance with the approved plan. The Planning Board may require that the applicant specify a time acceptable to the Board within which such construction shall be completed. Each bond filed shall be approved as to form, manner of execution and sureties by the Town Treasurer, and all deposit agreements and securities shall be approved as to form and manner of execution by the Town Treasurer.

(2) By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board to secure construction in accordance with the approved plan, and the Planning Board may require that the applicant specify a time acceptable to the Board within which such construction shall be completed. (Use Form G.[1])

[1] Editor's Note: See § 420-7.1.

(3) If the Board shall decide at any time during the term of the performance that: a) improvements have been installed in a satisfactory manner in sufficient amount to warrant reductions in the security, or b) the character and extent of the site require additional improvements, previously waived, then the Board may modify its requirements for any or all such performance bond, or amount of deposit of money or value of securities, which may thereupon be reduced or increased respectively by an appropriate amount after suitable notice to the applicant.

§ 420-3.9 Endorsement and recording.

A. Plan for endorsement. Upon approval of the plan by the Board, the applicant shall submit five copies of a complete plan which includes any changes that were made during the approval process, The applicant shall also submit five sets of the plans reduced to a size of 11 inches by 17 inches and a copy of the revised plan and the conditions thereof in electronic format. This submission may be made during the appeal period.

B. Endorsement of the plan. The plan having been approved by the Board and no appeal having been taken within 20 days after notice to the Town Clerk or after the entry of a final decree sustaining approval of the plan, and after the applicant has met the requirements of any required performance guarantee, the Board shall endorse upon the plans submitted as required in Subsection A its written endorsement of approval and the plan and its appended statement of conditions. One copy of this plan shall be filed in the office of the Department of Planning and Development as a definitive statement showing the work or use that is approved. Another copy shall be delivered to the applicant as a notice for recording signed by a majority of the Board, which includes any conditions imposed on the approval.

C. Transfer of interests. If the plan as approved by the Board requires that any interest in any part of the subject premises be transferred to the Town or other political entity for any purpose or to a nonprofit entity for conservation or management purposes, the applicant shall prepare, with the approval of the Board and Town Counsel, and execute the necessary documents to effect such transfer, whether immediate or future, and deliver the same to the office of the Department of Planning and Development, together with a check for the fees for recording the documents. This shall be done within 30 days after the end of the appeal period and before any permits for work on the site are issued.

D. Duties of the applicant.

(1) The applicant shall submit the Board's signed notice for recording of site plan approval and statement of conditions for recording in the Worcester Registry of Deeds (or properly file the same with the Recorder of the Land Court if the land is registered land) and shall obtain a receipt therefor.

(2) The applicant shall present the receipt(s) to the Department of Planning and Development, which will make a copy thereof for its records and shall then distribute copies of the approved plans to the various Town departments according to the policy of the Department.

(a) The Building Commissioner will not issue any permits until he has received these plans.