Article III Submission and Approval of Plans

Any person wishing to record in the Registry of Deeds or to file with the Land Court a plan of land or a plan showing a division of land and who believes that such plan does not require Planning Board approval under the Subdivision Control Law shall prepare a plan that conforms to the requirements of Subsection C of this section; and:

Deliver a properly completed tax-certified Form A,[1] the original Mylar of the proposed plan and two or more paper copies (the exact number being determined by the Department of Planning and Development), full-size, and an electronic copy in PDF or other acceptable format of the plan to the Department of Planning and Development and pay the fee as required by the current fee schedule.

Editor's Note: Forms are available in the Town offices.

File notice of submission of the plan with the Town Clerk as required by MGL c. 41, § 81T.

If requested, accompany the Planning Board or the Planning Agent on a site visit of the property.

Waiver of exemption. An owner of lots qualified for development as ANR lots may waive the exemption and have the lots developed under the provisions of Article XI of the Zoning Bylaw.

Form and contents of the plan.

The plan shall be prepared in black India ink upon Mylar of dimensions which will conform to the requirements of the Registry of Deeds, to a scale not smaller than one inch equals 40 feet or other scale acceptable to the Board. The plan shall conform to the following:

Title of the plan shall include the name of the landowner, name of applicant, name(s) of surveyor and/or engineer, date of plan and an ID block of 1/2 inch by three inches, blank, for Planning Board use.

Deed book and page number (from Registry of Deeds) and Assessor's map and parcel number of the original parcel shall be shown on the plan.

The following statements shall appear on the plans: "Approval Under the Subdivision Control Law Not Required" and "ANR endorsement does not signify compliance with zoning for land use or building purposes nor does it convey the right to develop the property."

Sufficient space for the date and endorsement of the Board shall be provided. This block shall be just below the required ID block and both shall be within six inches of the right side of the plan.

Parcel(s) and proposed lot(s) shall be shown on a locus plan at a scale of one inch equals 1,000 feet, or other suitable scale. The locus plan shall also show the intersection of at least two public ways which shall be named on the locus plan.

The zoning classification of any zoning district boundaries which may lie within the locus of the plan and the zoning district(s) in which the property is located shall be shown on the plan.

The location and names of all abutters as determined from the most recent tax list or lists shall be shown on the plan.

There shall be a North point shown on the plan.

A statement that permanent monuments are installed at all property corners.

The location of all existing structures, streets, ways, easements, the extent of any residual land and any other information requested by the Planning Board in order that the Planning Board may ascertain the status of the frontage and accessibility of the residual land shall be shown on the plan.

A registered professional surveyor's stamp and signature shall be shown on the plan.

The status of the access road and the means of access to each proposed lot shall be shown on the plan.

All watercourses, bodies of water and wetlands shall be shown on the plan.

The sum total of frontage per lot shall be shown on the plan.

The area of each lot shall be shown.

An indication on the plan and on the ground of the general location of the buildable portion of each lot.

(14)

The assigned street number of each lot shall be shown on the plan.

(15)

If the plan shows one or more parcels that do not qualify as buildable lots and appear intended for conveyance to an abutter, the plan shall be accompanied by (a) pro-forma deed(s) by which the parcel(s) will be conveyed to the abutter(s).

Agency review. The Department will immediately forward an electronic copy (or a paper copy if such is requested by the agency) of each plan to the Board of Health, the Conservation Commission, the Land Use Department, and the Department of Public Works.

The Department of Planning and Development and each agency receiving a plan is requested to review the plan with regard to the requirements of the agency and to report any problems or other comments both to the Planning Board and to the applicant or submit a statement to the Board that it has no concerns. The object of this review is to identify possible problems at the earliest possible date and inform the applicant as well as the Board.

The reports requested above should be received by the Planning Board not more than 14 days after the plan was submitted. If an agency fails to report, it will be assumed that the agency has no concerns with the submitted plan.

Review period.

It will be the policy of the Board to review ANR plans at the last meeting that will fall within the review period allowed by law so as to give the various agencies the maximum time for review.

If the meeting is less than 14 days after submission of the plan and all agencies have not yet responded, the Board will review the plan and may make a tentative judgment on its endorsability. At the end of the fourteen-day period the Board members may sign the plan even if the signing takes place outside of a Board meeting.

Determining ANR endorsement. In determining whether a plan is entitled to be endorsed "approval under the Subdivision Control Law not required", the Planning Board will consider the following questions:

Do the proposed lots shown on the plan front on one of the following types of ways?

A public way or a way which the municipal Clerk certifies is maintained and used as a public way.

A way shown on a plan which has been previously approved in accordance with the Subdivision Control Law (provided the way has been built to standards or the Town holds adequate security to insure it will be so built).

A way in existence when the Subdivision Control Law took effect in the municipality, which in the opinion of the Planning Board is suitable for the proposed use of the lots.

Do the proposed lots shown on the plan meet the minimum frontage requirements of the zoning district in which they are located?

Can each lot access onto the way from the frontage shown on the plan?

Limited-access highways do not constitute frontage for ANR purposes.

Driveway safe sight distance.

Does the way on which the proposed lots front provide adequate access?

Paper street?

Pavement comparable to other ways in the area?

Way suitable to accommodate motor vehicles and public safety equipment?

Does the way provide year-round access?

Does each lot have practical access from the way to the buildable portion of the lot?

Pipestem access narrower than required frontage?

Guardrails present?

Wetlands?

Steep slopes? If, after the site visit, the Planning Board is concerned that steep slopes may prevent "practical access" to the buildable portion of the lot, the Board may require an engineering review of the plan, to be paid for by the applicant.

Unless the plan or documentation supplied with the plan clearly indicates that the purpose of any lot which has less than the minimum frontage for the zoning district or otherwise would be an unbuildable lot, whether newly created or not, the plan may be disapproved.

The Planning Board will make a finding as to whether the proposed access to the proposed lot shown on an ANR plan has safe sight distance in accordance with § 430-21L so as to reduce the number of "blind driveways" in our Town. Lots lacking safe access will not qualify for ANR endorsement. Plans will be referred to the Town's safety officer if there is a need for safe sight distance confirmation following a site visit by the Board or its agent. See the standards for safe site distance in § 430-21L.

Are the property boundaries shown on the plan adequately delineated so as to be clear to future owners and others?

§ 430-10 Residential development plans.

Are any required supporting documents provided?

Incomplete plan. If the Board or its designated agent finds that the submitted plan does not meet the requirements listed above, the Board will return the plan to the applicant without endorsement as being an incomplete plan. The Town Clerk shall be so notified. If such a plan is later resubmitted with corrections, the Board may waive all or part of a new filing fee.

Plan entitled to be recorded under a surveyor's certificate. It will be the policy of the Board to decline to endorse a plan which shows only property lines dividing existing ownerships, lines of streets and ways which are those of public or private ways already established, has no new lines for division of existing ownerships or for new ways, and is thereby entitled to a surveyor's certificate as provided in MGL c. 41, § 81X. The Town Clerk will be notified in such cases.

[... Notwithstanding the foregoing provisions of this section, the register of deeds shall accept for recording and the land court shall accept with a petition for registration or confirmation of title any plan bearing a certificate by a registered land surveyor that the property lines shown are the lines dividing existing ownerships, and the lines of streets and ways shown are those of public or private streets or ways already established, and that no new lines for division of existing ownership or for new ways are shown. The recording of any such plan shall not relieve any owner from compliance with the provisions of the subdivision control law or of any other applicable provision of law . . . — from MGL c. 41, § 81X.]

Endorsement. If the Board finds that the plan does not require approval, it shall forthwith endorse the plan under the title, "Approval Under the Subdivision Control Law Not Required". The Board may add to such endorsement a statement of the reason(s) approval is not required. If the Board does not act within 21 days after submission of the plan to the Planning Board (provided endorsement has not been declined under the provisions of Subsection F or G), the plan is deemed to be approved and a certificate to that effect may be obtained from the Town Clerk. However, if the Board determines that the plan does require approval as a subdivision, it shall notify the Town Clerk and the applicant of its action forthwith in writing.

Endorsing ANR plans showing zoning violations. A plan showing proposed lots with sufficient frontage and access, but shown as having insufficient size or nonconforming shape or some other zoning violation, may be entitled to an endorsement that "approval under the Subdivision Control Law is not required." Endorsement under this section may include a statement of the reason approval is not required. The Planning Board will exercise its powers in a way that protects persons who will rely on the ANR endorsement. A statement will be placed on the plan indicating that the deficient lot(s) does (do) not conform with the present Winchendon Zoning Bylaw. The Building Commissioner should also be alerted to these plans.

Site inspection. Site or other work on any ANR lot herein created shall not commence without a site inspection by the Conservation Commission or its agent. The applicant is responsible for arranging the site inspection with the Conservation Agent.

Plan must be recorded. Upon delivery of the endorsed plan to the applicant, the applicant shall cause the plan to be recorded in the Registry of Deeds. The applicant shall then bring the recording receipt to the Planning Agent, who shall make a copy thereof and only then may distribute copies of the plans to the Assessors, Building Commissioner, the Conservation Commission and the Board of Health. The Building Commissioner will issue no building permits until he has received his copy of the plan.

Use of land. When an ANR plan has been submitted to the Planning Board and proper notice has been given to the Town Clerk, the use of the land shall have such protection from future zoning changes as is provided by the Massachusetts General Laws.

Site work prohibited before approval of a plan. No work, including, but not limited to, brush removal, tree cutting, and grading, shall be done on a development site until a definitive subdivision plan has been approved by the Planning Board. Should a subdivision plan not be required for the project, site plan review and approval is required. Cutting of vegetation necessary for surveys and soil testing is permitted.

Phased project. It will not be necessary to complete a residential development as a single project. A developer with substantial land who only wishes to develop part of the land may submit only the required sketch plan showing the whole of the eventual development. The wetlands should be flagged. The site visit will be required. The open space to be preserved must be agreed upon. Thereafter, the houses and lots may be tentatively located. When additional phases are undertaken, these steps will not have to be repeated. Once these steps are accomplished, the applicant may file a subdivision plan that shows only the part of the project he intends to complete in the first phase. A suitable road must be located. If only three or fewer dwelling units are proposed, this may be initially built as a driveway or common driveway. When additional phase(s) are proposed, any road built as a driveway or common driveway must be upgraded to regular subdivision standards. Similarly, underground utilities and stormwater controls may initially be built only for the road and units being developed but must be upgraded, if necessary, should additional phases extend the project.

Required steps in the process. This subsection is only an outline of the required steps. More detailed requirements are provided in the subsections that follow.

Prepare a plan to scale showing the whole site, boundaries, wetlands and other significant features and submit it to the Planning Board.

The Board will arrange a site visit with the developer so that it may understand the site.

The Board will meet with the developer at a Board meeting and decide on what portion of the site is to preserved as open space.

The developer, with consideration for any suggestions from the Board, will decide on house locations, road locations and lot lines. It is suggested the developer informally submit a plan showing these features to the Board for its comments.

The developer will prepare and submit a definitive subdivision plan, or a site plan if the proposal does not constitute a subdivision.

The normal subdivision review process will be followed.

Application. Anyone who proposes to create a residential development must submit a plan in accordance with § 300-11.11A. Such person shall:

Prepare a sketch plan that conforms to the requirements of § 300-11.11A(1) of the Zoning Bylaw.

The project shall be named. The provisions of § 430-5 regarding subdivision names shall be followed.

The plan shall be drawn showing scale and shall include the whole tract or tracts which will comprise the development or the tract on which the development will occur, even if only part of the tract is to be developed. The scale of the plan shall be sufficiently large to adequately show the various details required to be shown on the plan. The scale shall be clearly marked on the plan. A locus plan shall also be submitted showing the development tract in relation to at least two intersecting public ways. A North arrow shall be shown. No single sheet shall be larger than 36 inches by 48 inches. If necessary, multiple sheets may be submitted.

This plan may be drawn on a topographic map, an Assessors' map or some other existing map or plan.

The plan should show all the existing features of the development tract and the area to a distance of at least 300 feet around the development tract.

Features that must be shown on the sketch plan shall include: streams, ponds, wetlands, hills and steep slopes, the various types of vegetation or ground cover, rock outcrops, specimen trees, stone walls, and existing structures. Other notable features of the site should be shown. The exact placement of these objects is not necessary but they should be located in a general manner. The plan need not be prepared by a registered land surveyor or a professional engineer.

(f)

The Board will expect more precision on a plan covering a small area or on land located in the PD or R10 Zone than it will for a plan covering a larger area in the R80 Zone.

The Department of Planning and Development will issue a receipt therefor showing the Planning Board's assigned ID number, as all future submittals must include that number. This same number will be used throughout the process, including the definitive subdivision consideration or the site plan review as may be applicable.

The application shall be filed with the Department of Planning and Development, by hand delivery or by certified mail, postage prepaid. It shall include two or more paper copies, full size (the exact number being determined by the Department of Planning and Development), and an electronic copy in PDF or other format acceptable to the Department of Planning and Development and pay the fee as required by the current fee schedule.

Should the application and sketch plan fail to show required information that is deemed necessary for proper consideration of the proposal, it will be returned to the applicant for completion. No further action will be taken until a complete plan is submitted.

The reports requested above should be received by the Planning Board not more than 30 days after the plan was submitted. If an agency fails to report, it will be assumed that the agency has no concerns with the submitted plan.

Site visit. At its next regular meeting of the Board, the applicant is requested to appear. At this time a site visit will be arranged. Ordinarily this visit will be by the Board members. The applicant and any other persons familiar with the project shall be expected to attend. The purpose of the site visit is to allow the Board to become familiar with the site and understand how it may best be developed. The site visit may be posted as a special meeting of the Board since questions and comments by Board members and others that may constitute deliberation are likely. Consideration will be given to whether citizens that are legally allowed to observe public meetings are allowed on the site.

Board discussion with the developer.

The Board will then meet with the developer at a regular or special meeting and discuss which land is most appropriately preserved as open space, which are the locations most suitable for houses and other factors that may enter into the choice of open space. This part of the development process should be very informal. The developer, the Board, and any interested parties may offer information and argument as part of the discussion. Should they elect to do so, representatives of the Conservation Commission, the Board of Health, and/or any other Town department shall be accorded full rights to participate in the discussion. Any plan showing house lots or new roads that may be presented at this time will be disregarded by the Board and will not enter into its determination. The discussion may be continued through as many meetings as may be necessary to reach an agreement.

The Board shall give notice of this meeting:

By advertisement in a newspaper of general circulation in Winchendon at the expense of the applicant, once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing, Prepayment of the advertising charge will be required before such publication.

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.

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 and to all other interested parties as is required by statute for a definitive subdivision plan.

Agreement on the open space required. An agreement between the Board and the developer on the land to be preserved is required as a condition of moving forward. Its agreement will be in the form of a finding by the Board (majority of those voting, a quorum being present) that the proposed open space conforms to the requirements of the Zoning Bylaw. This finding will not extend to the approval of the whole plan as the configuration of houses, roads, and lots will not yet have been considered.

Time lines for the residential development process. The Zoning Bylaw provides no time frame for the residential development process. Since no subdivision plan has yet been filed, neither do the statutory time lines apply. It will be the policy of the Board to consider all applications in a timely fashion; it will schedule site visits and meetings as promptly as is practicable, and will not unreasonably delay its consideration of the proposal. The need for additional information may, however, necessitate delay in the process.

Procedure upon failure to agree. Should the developer and the Board be unable to agree on a residential development plan, the following avenues may be pursued:

The Board and the developer may submit the question to the Montachusett Regional Planning Commission or some other agreed entity for mediation or arbitration. The costs of such mediation or arbitration will be borne equally by the parties.

§ 430-11 Preliminary subdivision plans.

The developer may submit a plan for a conventional subdivision under the special permit procedure in accordance with § 300-11.13B of the Zoning Bylaw.

Layout of houses, roads, and lots. It is suggested that the developer present a plan at a Board meeting showing houses, road(s), and lots to the Board for further informal discussion before submitting a formal definitive subdivision plan or a formal site plan. Any action by the Board at this time will be considered advisory and shall not bind the Board to the material presented or agreed upon.

Filing of the formal plan. When the developer and the Board have agreed on the open space and the developer has located the houses, road(s) and lot lines, the developer shall file a formal plan, either a definitive subdivision plan or a site plan, as is required for the project, and a low-impact development plan if required by bylaw. The entire record of the completed residential development process shall be considered part of the application(s) and the material already considered need not be repeated in the formal application(s). The fee for a subdivision plan shall be as specified in the current fee schedule for definitive subdivision plans submitted as part of a residential development plan.

Application. Anyone who proposes to create a nonresidential subdivision must and anyone who proposes to create a residential subdivision may submit a preliminary plan for review. An applicant who has complied with the development procedures of § 300-11.11 of the Zoning Bylaw should not submit a preliminary plan. Other persons shall:

Prepare a plan that conforms to the requirements of Subsection C of this section.

File with the Department of Planning and Development, by hand delivery or by certified mail, postage prepaid, a properly completed, tax-certified Form B,[1] two or more paper copies, full size (the exact number being determined by the Department of Planning and Development), and an electronic copy in .PDF or other acceptable format of the plan to the Department of Planning and Development and pay the fee as required by the current fee schedule.

Editor's Note: Forms are available in the Town offices.

Attend the next regular meeting of the Planning Board or another meeting if such is so arranged to present plans.

Be held responsible for any engineering fees incurred by the Planning Board in its review of the plan. The Board or the Planning Agent may require a deposit to the Town sufficient to pay the projected cost of these charges.

Form and contents of preliminary plan. The preliminary plan shall be capital drawn showing scale on paper showing:

The subdivision name, boundaries, North point, date, scale, legend, and title "Preliminary Plan";

The names of the record owner and the applicant and the name of the designer, engineer or surveyor;

The names of all abutters, as determined from the most recent local tax list;

The existing and proposed lines of streets, ways, easements, and any public areas within the subdivision in a general manner;

The proposed system of drainage, including adjacent existing natural waterways, in a general manner;

The approximate boundary lines of proposed lots, with approximate areas and dimensions;

The names, approximate location and widths of adjacent streets;

A full delineation of all wetlands on the property;

All existing buildings and other man-made structures; and

The topography of the land in a general manner.

The applicant is encouraged but not required to submit a preliminary impact statement (see § 430-12C) and a preliminary existing conditions statement (see § 430-12D) covering the various elements that are required in those statements both of which will be required with a definitive plan. The filing of such statements will enable the Board to give the applicant direction as to what will be required in the definitive plan and the proposed subdivision.

The applicant may apply for preliminary waivers from specific requirements of these regulations; and such preliminary waivers, if granted, will create a reasonable expectation that equivalent formal waivers will be granted during the hearing on the definitive plan, provided the definitive plan reasonably conforms to the preliminary plan and is filed within six months after the preliminary plan.

Development review meeting. The Department of Planning and Development is requested to hold a development review meeting, which should be held prior to the Planning Board's review of the subdivision for all commercial or mixed-use subdivisions and those residential subdivisions that consist of more than six units.

The applicant and a representative of each listed agency are requested to attend this meeting.

The purpose of the meeting will be to discuss the proposed subdivision and for the various agencies to offer suggestions and comments in regard to needed changes or other matters that should be known to the applicant and the Planning Board or be addressed in a definitive plan.

The Department of Planning and Development should present notes from the development review meeting to the members of the Planning Board prior to its review of the subdivision.

Preliminary plan review and decision. Should the application and plan fail to provide the information required by these regulations and is deemed necessary for proper consideration of the proposal, it will be returned to the applicant for completion. Unless a fully completed plan is filed prior to its next meeting which is held more than 14 days after such return or such greater time as the Board has allowed, it will be the policy of the Board to disapprove the plan as an incomplete plan.

Within 45 days after submission, the Planning Board, with due consideration of the reports submitted by the Board of Health and the Conservation Commission, shall notify the applicant and the Town Clerk, by certified mail, either.

That the plan appears to meet the requirements of the Zoning Bylaw and the Board's regulations and is otherwise acceptable to the Board; or

That the plan has been approved with modifications suggested by the Board or agreed upon by the person submitting the plan; or

That the plan has been disapproved, in which case the Board shall state in detail its reasons therefor.

Preliminary plans not recordable. Except as otherwise provided, the provisions of the Subdivision Control Law relating to a plan shall not be applicable to a preliminary plan, and no Register of Deeds will record a preliminary plan.

Record of preliminary plan. The Board shall cause one copy of the preliminary plan as acted upon by the Board and with each page thereof signed by the Board chair to be filed in the Department of Planning and Development as part of its official record of the Board's action thereon.

§ 430-12 Definitive plans.

Application. Any person who desires approval of a definitive plan for a subdivision of land shall:

The developer of a project submitted and approved under the residential Zoning Bylaw (Article XI) and § 430-10 of these regulations may omit from the application those materials that have already been covered in the earlier stages of the development review.

File with the Planning Board, at a regular meeting of the Board, a properly completed, tax-certified Form C, Application for Approval of a Definitive Subdivision Plan,[1] and pay the filing fee and consultant review deposit required by the current fee schedule. The Board will issue a receipt therefor showing the Planning Board's assigned ID number. All future submittals must include that number.

Editor's Note: Forms are available in the Town offices.

If an application is signed other than by the property owner of record, the applicant's interest in the property and her/his authority to sign shall be clearly indicated. Supporting documentation shall be provided if the Board so requires. If an applicant signs in more than one capacity, each capacity shall be clearly indicated. If some person, other than the applicant, is authorized to sign other documents related to the matter, that authority shall be clearly indicated in the application or in a separate document.

File notice of submission of the plan with the Town Clerk as required by MGL c. 41, § 81T. [Section 81T. Every person submitting a definitive plan of land to the Planning Board of a city or town for its approval or for a determination that approval is not required shall give written notice to the Clerk of such city or town by delivery or by registered mail, postage prepaid, that he has submitted such a plan. If the notice is given by delivery the Clerk shall, if requested, give a written receipt therefor to the person who delivered such notice. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land; and the facts stated in such notice shall be taken by the city or Town Clerk as true, unless the contrary is made to appear... ]

Submit with the application 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 subdivision plan as they appear on the most recent Tax Assessors' list.

Submit with the application in one or more documents:

The book and page number of the document filed in the Registry of Deeds which shows the listed owner's title to the property.

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.

In addition to the above information, the application shall consist of a development impact statement (See § 430-12C.), a narrative describing the existing conditions (See § 430-12D.), an existing conditions plan (See § 430-12E.), proposed improvements plan(s) (See § 430-12F.), and a detailed description of the proposed improvements (See § 430-12G.).

Planning Board ID number. Every sheet of every plan in the initial application shall include a block for the Planning Board's ID number. This shall be located within six inches of the right side of the sheet.

Identification of amended or supplemental information. For all amended or supplemental narratives and plans submitted after the initial application, the applicant shall include the assigned ID number on each plan sheet and at the beginning of each narrative submittal. Each such plan or statement shall also include a revision date so that no two submittals will be identical. This date must be conspicuously shown in characters not smaller than 12-point type.

Form of required plans. Two paper copies of each sheet of each plan are required. The plan shall also be provided in Portable Document Format (.PDF) or other acceptable format for distribution to the Board and various Town agencies. Each plan sheet shall include the name, address, seal, signature, and date of signing of the registered professional engineer or registered land surveyor as appropriate to the data. The plan shall be size 36 inches by 48 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. Additional paper copies of the plans in either full scale or reduced scale shall be provided at the request of the Planning Agent.

Application in electronic format. The above data shall also be submitted on compact disk in Portable Document Format (.PDF). Data should be related to state plane coordinates. Data in AUTO CAD format will be an acceptable alternative. The Board may modify this requirement for small projects prepared by firms that do not have electronic formatting capabilities. Narrative and tables may be in WORD or EXCEL format.

Other information. 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.

Possible omissions. 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.

A development impact statement shall be provided which clearly and methodically assesses the relationship of the proposed development to the natural and man-made environment of the Town. This shall be divided into elements as specified below:

Intent; professional preparation.

It is intended that the statement be a guide to the Planning Board in its judgment and deliberation on the proposed subdivision 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, narratives, and impact statement for the proposed development to show such compatibility may require revision of the proposal if so determined by the Planning Board.

Professional preparation. When required by the Board, the elements of the impact statement shall be prepared by professionals registered in Massachusetts to practice in their fields or by authorities recognized in their field who have reached a professional status or its recognized equal.

Elements.

Soils element. The impact statement shall describe the compatibility of existing soils and terrain with the proposed development. The results of any available soil testing shall be included.

Natural and existing features. This element must discuss 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.

Visual. The impact statement shall give attention to views into the site and from the site. Included shall be long-distance views as well as to and from adjacent properties. Visual impact may be related to the other elements concerning the overall aesthetics of the proposed development.

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

Estimated construction schedule. This shall including phasing (if phasing is proposed), the clearing schedule, hours of operation, and exposure time.

Estimates of the construction cost of the roadways, stormwater control, and utilities. (This will be considered in determining the amount of any performance bond or cash security that may be required.).

Water supply and distribution. If water will be supplied to the subdivision by a public or a common water supply system, the average daily and peak demand and its effects on the source. Coordination with the Town Water Department, and if deemed advisable, appropriate state agencies, is strongly recommended.

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. If sewage systems other than an on-site sewage disposal systems are proposed, adequate capacity of the off-site system must be demonstrated.

(f)

Waste generation and disposal element. The types and volumes of solid waste other than normal household waste likely to be generated by the proposed subdivision shall be listed. The means of handling these wastes shall be given in detail. If hazardous wastes will be produced, full detail as to their nature and means of disposal shall be provided.

(g)

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.

(h)

A neighborhood and community element to consist of the following:

Schools. Discuss 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; and school bus routing changes if found necessary. Coordination with the Superintendent of Schools is recommended, particularly for large residential developments.

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.

[3]

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

[4]

Existing neighborhood land use. Discuss 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.

(i)

Social-economic element to consist of the following:

Housing. If housing is proposed, expected family size by housing type and bedroom count; ranges in expected income and other relevant social data shall be estimated.

[a]

Low-/moderate-income housing. In developments which include residential units, 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.

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.

(j)

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 non-qualifiable environmental impacts.

(k)

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 the proposal is not compatible, the reasons therefor shall be detailed.

Existing conditions narrative. The application shall include in narrative format complete information on the following:

Existing use. A detailed description of the existing use.

General ecology. Describe the relation of the proposed development to the major botanical, zoological, geological and hydrological resources of the site. Consideration of those resources adjacent to the site shall also be made where deemed appropriate by the Planning Board. Describe any rare or endangered species of plants and wildlife that may be found on the site.

Surface water and wetlands. 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.

Subsurface conditions. Describe any limitations on the proposed project caused by subsurface soil and water conditions, and methods to be used to overcome them. Describe the procedures and findings of test borings, test pits, and any percolation tests conducted on the site.

Easements. Describe any existing flood control or wetland easements. If other easements exist, show how such easements will or will not impact the proposed development.

Environmental site assessments. 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.

Special site characteristics. Describe any unique site characteristics, including, but not limited to, features deemed important by the Massachusetts's Historical Commission, Natural Heritage, and FEMA.

Tanks. 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 must be removed.

Existing conditions plan. The existing conditions plan shall be drawn showing scale and show the following:

All bearings, which shall be true, magnetic, or grid, and the needle shown on the plan shall indicate this clearly; scale and legend; and date of the plan.

The location and elevation of the starting benchmark as well as at least one other benchmark. All elevations should preferably refer to U.S. Coast and Geodetic Survey benchmarks. However, if no such benchmark is convenient to the site, an assumed benchmark may be used. One such benchmark shall be outside of the area to be disturbed.

Locus map. A locus plan at an appropriate scale which may be one inch equals 1,000 feet shall be submitted showing the development tract in relation to at least two intersecting public ways. This must show 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.

Existing streets. The location, names and present widths of streets bounding, approaching or within reasonable proximity to the subdivision, including all streets through which primary access to the subdivision will be obtained.

Site boundaries as determined by a registered land surveyor.

Existing topography. The existing conditions plan shall show the site topography with contour lines at not greater than ten-foot intervals. Street and lot lines shall be shown to facilitate orientation. 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 dense woods, open woods, brush, swamp, flowages, etc. All wetlands should have been properly flagged and the locations thereof shown. Brooks, ditches, walls and spot elevations of high and low points should be shown and identified. If any of the site is within the one-hundred-year floodplain, its limits shall be clearly indicated. Any additional information required by the Conservation Commission or the Board of Health shall also be shown.

Existing improvements. Data showing the location of all existing improvements to the site, including structures, underground infrastructure, roads, driveways, walks, parking areas, existing signs and landscaping.

Proposed improvements plan(s). The plan shall contain the following information:

Bearings. All bearings shall be true, magnetic, or grid, and the needle as shown on the plan shall indicate this clearly.

Proposed topography. The proposed finished 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. Sufficient data to determine readily the location, direction and length of every street and way line, lot line, and boundary line; sufficient also to reproduce the same on the ground. In addition, the center line of the proposed streets, easements and major boundaries of the tract being subdivided shall be staked out or otherwise marked on the ground, and the location of said stakes shall be shown.

Proposed improvements. The proposed improvement plan(s) shall duplicate material shown on the existing condition plan(s) with sufficient additional data to determine readily the location of:

The location, areas and dimensions of all proposed lots, and open space, if any. After approval of a definitive plan, any change in lot lines or other details will require an amendment to the plan, or may constitute a new subdivision. Such an amendment or new plan will be subject to all procedural requirements and fees.

All existing improvements to be retained and the proposed new improvements, including dwelling units and other structures, roads, driveways, walks, loading areas, parking areas and landscaping; sufficient also to reproduce the same on the ground.

The plan must include typical sections of roadways showing widths and grades of street lines, bicycle lanes, roadway pavement, sidewalks, grass strips and side slopes, location and size of water, sewer, drain and gas lines. The depth of roadway pavement, sidewalks, base courses and all underground or aboveground utilities must be shown.

All fire hydrants on the site and off the site but within 500 feet of the site shall be shown.

If the site is to utilize on-site wells, the proposed locations must be shown in addition to its setback from any buildings, structures, or sewage disposal systems. The location of wells on abutting properties should be shown on the plan.

(f)

The Board may require that the proposed improvements be staked out or otherwise appropriately marked on the ground.

(g)

The assigned street number of each lot shall be shown; lot numbers shall not be used.

(h)

The location of all permanent existing or proposed monuments, natural objects and surfaces such as waterways, natural drainage courses, large boulders or ledge outcroppings, stone walls and specimen trees.

Open space. 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.

Profile plan. A profile plan at a horizontal scale of 40 feet to the inch showing the size and location of existing and proposed roadways, water mains, fire hydrants, sewer lines, their appurtenances, stormwater management structures, and any other underground utilities, including but not limited to electric, gas, telephone, or cable television services within and adjacent to the site. For all roadways, the proposed finished center-line grades with elevations at every fifty-foot station, location of vertical curves and gradient of even grades shall be shown.

Stormwater management facilities. The 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 detention basins, retention basins, or drainage ponds intended to be constructed shall be shown, fully dimensioned.

Detail drawings. A typical detail of a proposed catch basin, diversion box, emergency sluice gate, manhole, headwall, retaining wall, walkway, rain garden, subdrain, waterway, leaching basin, drainage pond, or other similar structures, if any. Where a retaining wall is required to be designed by a registered structural engineer, such design shall bear the stamp and signature of the structural engineer.

Limits of work. Any areas where existing conditions may reasonably be expected to be disturbed during construction shall be shown and identified on the plan.

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 within the area to be disturbed shall be shown.

Sewage disposal. The perimeter outline of any existing or proposed on-site sewage disposal systems, including any required reserve areas. The type of sewage disposal system shall be identified by a simple notation. Design and construction specifications for sewage disposal system(s) must comply with Board of Health regulations. 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. If a sewage system other than an on-site sewage disposal system is to be used, the location of any sewer mains to be installed on site must be shown. If the development will require the installation of sewers off the site, plans therefor shall be provided.

Landscape plans required.

A landscape plan as required by § 430-31K must be included. In the case of a residential development, a typical landscape plan for a home should be provided. This may be on a separate plan sheet or sheets. Any separate plan shall include general site features such as lot lines, structures, so that it may be easily related to the other plans. Landscape plans for common areas in subdivisions shall be provided.

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

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 8:00 a.m. and 4:30 p.m., Monday through Friday, excluding state and national holidays; 5) describe the materials to be used in the construction of impermeable surfaces such as sidewalks and driveways.

Additional material required. The text of § 430-35A through E of these regulations shall be included in the final plan so that all contractors will be aware of these requirements.

Phased projects. 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.

Board signatures. 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 definitive subdivision." This block shall be just below the required ID block and both shall be within six inches of the right side of the plan.

Text description of proposed improvements. A narrative or tabular statement or statements providing further information regarding the proposed development, which shall include the following:

Proposed use. A detailed description of the proposed use(s) of the subdivision.

If licenses, permits, orders of conditions and other approvals will be needed in connection with the project, they shall be described fully. If such have already been issued by any public authority, copies of such documents shall be furnished. The applicant shall also provide copies of any such approvals issued during the pendency of the application.

Site improvement requirements and proposal. 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: number of residential lots, number of other lots, lot sizes, total lot coverage, total impervious area, total area of disturbance, open space, area reserved for recreation, parks or other open land, percent wetlands, percent floodplain, developable site area, area dedicated to stormwater control and other utilities.

Stormwater management. There shall be a description of existing surface drainage characteristics of the site and surrounding areas. This shall include the methodology of post-developed stormwater management, a detailed explanation of how the proposed stormwater management system complies with the Massachusetts Stormwater Handbook and the Winchendon Low-Impact Development Bylaw and regulations.[2]

Impact of runoff. The water quality impact from run-off on adjacent and downstream land and 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 described.

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 a plan showing subcatchment areas, copies of charts or other reference sources to make review possible. The pre- and post-development runoff rates must be provided. The source of the software used for computer-generated reports should be identified.

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 § 430-29 of this chapter shall be demonstrated.

The application must evaluate the impact of sewage disposal methods to be used on the quality of subsurface water.

In reviewing the stormwater management proposals, 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, 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.

Editor's Note: See Ch. 190, Low-Impact Development; and Ch. 410, Low-Impact Development Regulations.

Temporary erosion control. The application must 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.

Permanent erosion control. The application must describe permanent methods to be used to control erosion and sedimentation. Include description of:

Any areas subject to flooding or ponding.

Proposed land grading and permanent vegetative cover.

The relationship of the development to the topography.

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

Earth removal. The volume of "earth" as defined in the Winchendon Zoning Bylaw to be removed if applicable, or a statement indicating that "no earth is to be removed." An estimate of proposed cut and fill volumes, 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. This is a critical parameter since earth removal operations in Winchendon are severely constrained.

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.

Typical house plans. In a residential subdivision, typical plans and elevation drawings for proposed houses shall be provided. The sill height and peak height of each house shall be shown, referenced to the street pavement level in front of the house.

Roadways, driveways and parking. Description of all proposed roadways and other travel areas, including pavement width, right-of-way width, total length, means of egress, and maximum grade, shall be clearly shown on the plan or in the narrative.

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. A traffic study by a qualified traffic engineer showing the likely effects of the development on the roads which will serve the site, either directly or indirectly, may be required at the discretion of the Board.

Recreational facilities and open space. A statement shall be included as to any proposed recreational facilities/open space, and indication of intended owner(s) and as to whether the recreational facilities/open space will be available to the public.

Lighting. The type, design, location, function and intensity of all exterior lighting facilities, existing and proposed, shall be detailed. Fixture manufacturer specifications will be helpful, showing light output and direction. Attention must be given to safety, privacy, security, avoidance of light pollution, and daytime and nighttime appearance.

Landscaping. Provisions being proposed for landscaping shall be described, including type, location and function.

Planting table. A planting table must be provided. It shall include 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.

(14)

Mail delivery. A description of how mail is to distributed to the occupants of the subdivision. The written approval of the postmaster must be included. If the method will require structures (such as cluster mailboxes), the location of the same shall be shown on the proposed improvements plan, together with any safety measures that may be necessary.

(15)

The application shall indicate all easements, covenants or restrictions applying to the land, including zoning setbacks, side yards and rear yards.

(16)

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.

§ 430-13 Agency review.

Board of Health review. The Board of Health shall, within 45 days following receipt of a definitive 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 which, if any, lots shown on such plan cannot be used for building sites without injury to the public health, and it shall include such specific findings and the reasons therefor in its report. Failure to so report shall be deemed approval by the Board of Health. Should the Board of Health be unable to complete a full review of the project within the statutory forty-five-day window, it shall file a preliminary statement indicating any problems found within the 45 days and a completed statement as soon as possible thereafter. (See MGL c. 41, § 81U.)

Every acceptable lot 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 regulations. Such lot shall be provided with a septic tank and drain field whose design and placement are satisfactory to the Septic Inspector.

Extreme care shall be practiced in the layout of a subdivision 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.

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.

Notwithstanding the above, a permit to construct an individual subsurface absorption area must be obtained from the Board of Health for each individual lot not served by the Winchendon sewerage system, and a condition shall be inscribed on the plan as follows: "No building or structure shall be built or placed on any lot without a permit from the Board of Health."

Alternately, and with the approval of the Board of Health, a community wastewater disposal system may be installed. If such a system is to be installed, appropriate conditions which have been accepted by the Board of Health shall be added to the definitive plan approval.

Conservation Commission and other reviews. The Conservation Commission, Department of Public Works, Town Engineer and any other agency designated to receive and review a definitive plan shall, within 45 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 statutory forty-five-day window, it shall file a preliminary statement indicating any problems found within the 45 days and a completed statement as soon as possible thereafter. Failure to so report shall be deemed a favorable recommendation on said plan.

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 subdivision approval is granted.

Report of the consulting engineer. 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:

The proposed locations, sizes and grades of streets, rights-of-way, easements, water mains, sanitary sewer mains and stormwater control system drainage facilities.

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 subdivision.

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 § 430-17.)

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.

Review by the Planning Agent. The Planning Agent shall review the plan to insure its completeness 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:

That copies of the plan have been properly submitted to the Board of Health, the Conservation Commission, and that a consulting engineer has been engaged; and

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

That the submitted abutters list is correct, that the abutters have been properly notified and the hearing has been properly advertised; and

That the plan shows the entire lot or lots on which the plan is located; and

That street numbers have been properly assigned to the various lots; and

That each of the elements and subelements of the impact statement have been addressed, unless waivers have been applied for to omit those elements as unnecessary; and

To 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.

Site visit. It will be the policy of the Board to conduct a site visit, unless such a site visit has already occurred. 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. Site visits will not be scheduled or held when the site is obscured by snow, ice or water. If necessary, site visits will be rescheduled. The site visit may be posted as a special meeting of the Board since questions and comments by Board members and others that may constitute deliberation are likely. Consideration will be given to whether citizens that are legally allowed to observe public meetings are allowed on the site.

§ 430-14 Public hearing.

Schedule for hearing. The Board shall set a date for the public hearing within 14 days after receipt of the application. Since the time limit for a public hearing is based on the filing date, the hearing will be scheduled and advertised even if the application is believed to be incomplete.

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

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

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

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.

By providing notice of the hearing to the Conservation Commission, the Board of Health, the Agricultural Commission, the Parks and Recreation Commission, the Land Use Office, the Department of Public Works, the Fire Department and the Police Department.

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, ice, or excessive debris. Such time will be determined by the Board. Until the site can be properly viewed, the application will be considered incomplete.

Incomplete application. Should the application and plan(s), in the opinion of the Board, fail to provide required information that is deemed necessary for proper consideration of the proposal and the applicant so requests, the Board will continue the hearing to allow the applicant time to complete his application 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. The Board will, however, require that the hearing be readvertised in accordance with the requirements of Subsection A(2), all at the expense of the applicant. Additional submittals may also incur additional submittal charges as provided in the current fee schedule. All these charges must be prepaid. This requirement is to assure all interested parties are aware of the date and time of the continued hearing. 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.

Hearing procedures. 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. If the applicant is not represented, the Board may decide the matter using the information it has received.

Presentation of the application by the applicant should not exceed 20 minutes in duration except for good reason. The applicant may be requested to answer questions raised by the Board or the public.

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.

The applicant should also present at this time any requests for waivers from the design standards and constructions standards required by these regulations. These requests will be considered during the course of the hearing. Action on the requests will normally occur at the end of the hearing.

The Board will retain any evidence that has been introduced at the hearing for reference in its deliberations on the application and as is required by the Open Meeting Law.

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

Any application for subdivision 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.

Continuation of hearing. 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.

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. Applicants should note that additional submittals of material may incur an additional submittal fee.

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.

Board evaluation of the plan.

The Board's consideration of a subdivision application is intended to be a cooperative process, not an adjudicatory process. The Board intends to work with the applicant to develop a final plan that will serve the interests of the applicant and be beneficial or at least not unduly harmful to the environment and the citizens of Winchendon. The Board will evaluate the plan based on its conformity to the requirements of the statutes, local bylaws, the Zoning Bylaw, the Board of Health report, the Conservation Commission report, the findings of the consulting engineer, 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 developer and those of the Town.

In its evaluation of a subdivision plan, the Board will consider the past performance record of the applicant and its principals. The Board must be satisfied as to the ability of the applicant to complete the subdivision in accordance with the plan and the regulations. Prior instances of poor performance locally or elsewhere will weigh against the application.

Approval of the plan.

Residential development plans. Plans originally filed under Article XI of the Zoning Bylaw require a finding by the Board that the plan as it may have been amended or revised meets the minimum requirements for preservation of open space and the location thereof, contains no more than the maximum number of dwelling units, meets the requirements of its subdivision regulations for a definitive residential subdivision (or of its site plan regulations if it is not a subdivision), a low-impact development plan for the site has been approved (if such plan is required), the required open space has been fully protected by conveyance or easement, an order of conditions has been issued by the Conservation Commission (if required), and the Board of Health has approved the septic systems (if required). A preliminary finding to this effect may be made at the conclusion of the hearing pending the completion of the documents protecting the open space. A final finding of compliance will be made only after the execution of the documents protecting the open space. The subdivision plan and accompanying statement of conditions for recording will not be released to the developer until this finding has been made. The subdivision plan, the statement of conditions, and the documents protecting the open space must be filed concurrently at the Registry of Deeds.

Other definitive subdivision plans. After the reports from the Board of Health, the Conservation Commission, and the consulting engineer have been received, or after the lapse of 45 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 subdivision control 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 approval of a majority of the total membership of the Board.

Approval will not constitute street acceptance. Final approval of the definitive plan will not constitute acceptance by the Town of streets within a subdivision. The developer shall retain title to the ways shown on the definitive plan and shall deed same to the Town of Winchendon after acceptance.

§ 430-15 Conditions of approval.

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

Any officer, agent or employee of the Planning Board, Conservation Commission, Zoning Board of Appeals or Board of Health may enter upon the site in pursuit of official duties, such as examinations and surveys, and placement or maintenance or boundary monuments and marks, at reasonable times prior to the final acceptance of the completed subdivision, with or without prior notice to the applicant. (MGL c. 41, § 81CC; MGL c. 131, § 40; MGL c. 111, §§ 31, 122 and 127A)

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.

A performance guarantee in a form as provided for in MGL c. 40, § 81U is required to assure completion of the construction of ways and the installation of municipal services. Such guarantee shall be filed with the Town Collector/Treasurer within 30 days from the date of this definitive 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. The plan and the list of conditions to be recorded in the Registry of Deeds will not be released by the Board until the required security is in place.

This definitive plan approval, together with this list of conditions and the performance guarantee, or covenant must be filed at the Worcester South Registry of Deeds forthwith, but not later than 30 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 removal of vegetation, other site work, or construction may be started until there has been such filing. If these required documents are not filed within the required time, this definitive plan approval shall be void.

Upon completion of the construction of ways and the installation of municipal services, notice shall be given as provided for in MGL c. 41, § 81U and § 430-46A of these regulations.

The developer shall be responsible for the maintenance of the streets and roadways within the subdivision until such time as those ways are accepted as public Town ways. This shall include snow and obstruction removal and ice control.

Construction shall be in full conformity with the Rules and Regulations Governing the Subdivision of Land 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. (MGL c. 41, § 81R)

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.

No sand, loam, sod, gravel, or other natural or quarried earth product may be removed from the site until the entire parcel has been graded and the stormwater control system is completed in a manner acceptable to the Planning Board. The permittee shall notify the Department of Planning and Development by certified mail that the grading and drainage has been completed and may be inspected. The Planning Board shall act within 45 days of such notification. Failure of the Planning Board to act shall be construed as approval of the stormwater controls construction.

Loam must be stockpiled and covered so as to be protected from erosion.

Not less than four inches of loam as described in § 430-39 of the subdivision regulations, seeded with a suitable crop cover such as a quick-growing grass mixture, shall be left or placed on all lots, other than on areas covered by undisturbed natural vegetation, buildings, parking areas, walkways, driveways and other paved areas, except as removal is specifically required for reasons of public health or safety. This condition must be satisfied within three years from the date of this definitive plan approval, unless an extension of time is mutually agreed upon in writing by the permittee and the Planning Board. If this work is not completed within the required time, including approved extensions, this definitive plan approval shall lapse and become void.

All ways must be completed to the satisfaction of the Planning Board within two years from the date of this definitive plan approval, and prior to the sale of any lots, 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 definitive plan approval shall lapse and become void.

§ 430-16 Legal protection of open space in residential developments.

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.

(14)

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

(15)

Lots sold shall be deeded by the developer with a clear reservation of an easement for highway purposes in the proposed ways. Failure to include such reservation in any deed shall cause this definitive plan approval to become void. The developer shall execute an easement deed to the Town before the Board will recommend acceptance of such ways as public Town ways. Such easement shall be at no cost to the Town.

(16)

Work under this definitive subdivision 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 permittee without a formal hearing. If the work is not so commenced and pursued, this definitive plan approval shall lapse and become void.

(17)

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.

(18)

Any substantive error or omission 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.

(19)

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 to the applicant to be heard in accordance with MGL c. 41, § 81W.

(20)

Failure by the applicant to file the plan, the statement of conditions, and all documents required to protect open space in the Registry of Deeds (or properly file the same with the Recorder of the Land Court if the land is registered land) within 30 days after the Board endorses its approval on the plan will render the subdivision approval null and void.

Special conditions. The Board may attach special conditions to the approval of the definitive subdivision. 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.

All land dedicated as open space under Article XI of the Zoning Bylaw shall be protected in a manner that will afford it maximum protection under the law. The dedicated open space shall be protected from development by one of the following means.

Fee ownership by the Winchendon Conservation Commission, by a state or federal agency whose ownership will permanently legally protect the land as open space, or by an incorporated land trust which is dedicated to the preservation of open space. Such open space shall be conveyed free of any mortgage interest, security interest, liens or other encumbrances.

It shall be the duty of the developer to arrange for such a transfer of ownership. A transfer will require acceptance by the transferee, which acceptance shall include responsibility for the initial assessment and annual monitoring of the property as specified in § 300-11.9D of the Zoning Bylaw. Any conditions of such transfer must be approved by the Board. All costs, e.g., document preparation or recording fees, involved in such a transfer shall be paid by the developer. If the transfer is to the Town and will require acceptance by the Town Meeting, the Board will waive the acceptance requirement and undertake to have the acceptance placed on the warrant for the next Town Meeting.

Open space may be owned by any other entity, including owners of individual building lots or other property within the subdivision, provided it is protected by a suitable conservation easement which will protect the land from development or uses, except uses provided for in Article XI of the Zoning Bylaw, in perpetuity. All the conditions of such easement must be acceptable to the Planning Board.

A single parcel may include both protected open space and land for other uses. The subdivision plan to be recorded shall show the boundary line between the protected open space and the unprotected area. An easement document to secure the protection of the required open space which is acceptable to the Board and includes an adequate description of the protected area must be recorded in the Registry of Deeds not later than the recording of the subdivision plan. The Board will undertake to have a model easement form drafted for use in these situations.

Generally the Board will not grant special permits for uses in the protected open space of the lot which could reasonably be located in the unprotected area of such a tract.

The title or easement holder other than a governmental unit of each parcel accepted as protected open space under this bylaw shall and governmental units should, within six months after its dedication as open space, complete an assessment of the property detailing its location, boundaries, the condition of the vegetation, streams, wetlands, walls, roads, improvements and other features; and any restrictions or requirements for its future use or development. Thereafter, not less than annually, the title or easement holder shall physically view the property and prepare a detailed statement as to the present condition of the property, with particular reference to the features recorded in the initial assessment. Copies of each such report shall be filed with the Planning Board. Any failure to file such reports shall be a violation of the Zoning Bylaw and shall be subject to the penalties therefor. (Zoning Bylaw § 300-11.9D, adopted May 2011)

§ 430-17 Performance guarantees.

Filing of the performance guarantee. The required performance guarantee must be filed with the Board within 30 days after the expiration of the appeal period of the approval or the subdivision approval shall be void.

Form of guarantee. Before endorsement of its approval of a plan, the Planning Board shall require that the construction of ways and the installation of municipal services in accordance with the approved plan be secured by one, or in part by one and in part by another, of the methods described in the following Subsections (1), (2), (3) and (4), which method or combination of methods may be selected and from time to time varied by the applicant:

By a proper bond sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal services 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. 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.

By a deposit of money or negotiable securities sufficient, in the opinion of the Planning Board, to secure performance of the construction of ways and the installation of municipal services required for the lots in the subdivision 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])

If the Board shall decide at any time during the term of the performance that improvements have been installed in a satisfactory manner in sufficient amount to warrant reductions in the security, or, the character and extent of the subdivision 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.

Editor's Note: Forms are available in the Town offices.

By a covenant, executed and duly recorded by the owner of record, running with the land, whereby such ways and services shall be provided in accordance with the approved plan to serve any lot before such lot may be built upon or conveyed, other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of such premises or part thereof may sell any such lot, subject to that portion of the covenant which provides that no lot shall be built upon until such ways and services have been provided to serve such lot; and provided, further, that nothing herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant, of either the entire parcel of land shown on the subdivision plan or of all lots not previously released by the Planning Board. A deed of any part of the subdivision in violation hereof shall be voidable by the grantee prior to the release of the covenant but not later than three years from the date of such deed. The Board will release from such covenants only those lots for which installation of ways and services has been completed in accordance with the approved plan. (Form D should be used for the covenant. Form F may be submitted when applying for release of a lot or lots. Use Form E for releases.[2])

Editor's Note: Forms are available in the Town offices.

By delivery to the Planning Board of an agreement executed after the recording of a first mortgage covering the premises shown on the plan or a portion thereof given as security for advances to be made to the applicant by the lender, which agreement shall be executed by the applicant and the lender and shall provide for the retention by the lender of funds sufficient in the opinion of the Planning Board, and otherwise due the applicant, to secure the construction of ways and the installation of municipal services in accordance with the approved plan. The Planning Board should include a specified sum to cover any costs that may occur due to inflation. Said agreement shall also provide for a schedule of disbursements which may be made to the applicant upon completion of various stages of the work, and shall further provide that in the event the work is not completed within a time acceptable to the Board and specified in the agreement, any funds remaining undisbursed shall be available for completion.

§ 430-18 Endorsement and recording.

Plan for endorsement. Upon approval of the plan by the Board, the applicant shall submit a complete plan which includes any changes that were made during the approval process drawn in India Ink on Mylar, as meets the requirements of the Registry of Deeds, and one paper copy of each sheet of each plan. The plan shall also be provided in Portable Document Format (.PDF) for distribution to the Board and various Town agencies. Each plan sheet shall include the name, address, seal, signature, and date of signing of the registered professional engineer or registered land surveyor as appropriate to the data. The plan shall be size 36 inches by 48 inches. The drawing shall be at a scale of one inch to 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. Each sheet of these plans, together with supporting narratives and tables, when signed by the Chairman of the Board, shall be filed in the Department of Planning and Development as the official approved plan. This submission may be made during the appeal period.

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 the performance guarantee and the documents necessary to secure the preservation of the open space have been executed, if protected open space is shown on the plan, the Board shall make upon the Mylar plan submitted as required in Subsection A its written endorsement of approval and the plan and its appended statement of conditions shall be delivered to the applicant.

Duties of the applicant.

The applicant shall submit the plan and the statement of conditions for recording, together with any documents protecting the open space, in the Worcester South Registry of Deeds (or properly file the same with the Recorder of the Land Court if the land is registered land) and shall obtain receipts therefor.

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

Failure to make a complete filing in the Registry of Deeds as specified in this section within 30 days after the Board endorses its approval on the plan will render the subdivision approval null and void.