Purpose.

The purposes of the Floodplain Overlay District (FPOD) are to:

[FTM Art. 4, 11/1/2021]

Ensure public safety through reducing the threats to life and personal injury;

Eliminate new hazards to emergency response officials;

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;

Eliminate costs associated with the response and cleanup of flooding conditions; and

Reduce damage to public and private property resulting from floodwaters.

8.1.2.

Floodplain District Boundaries.

The FPOD is herein established as an overlay district. The FPOD includes all special flood hazard areas within the Town of Winchester designated as Zone A, AE, AH, AO and A99 on the Middlesex County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The exact boundaries of the District shall be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM, and Flood Insurance Study (FIS) report are incorporated herein by reference and are on file with the Town Engineer.

[FTM Art. 4, 11/1/2021; ATM Art. 4, 4/28/2025]

8.1.3.

Abrogation and Greater Restriction.

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local bylaws or regulations.

[FTM Art. 4, 11/1/2021]

8.1.4.

Disclaimer of Liability.

The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.

[FTM Art. 4, 11/1/2021]

8.1.5.

Severability.

If any section, provision, or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.

[FTM Art. 4, 11/1/2021]

8.1.6.

Designation of Community Floodplain Administrator.

The Town of Winchester hereby designates the position of Town Engineer as the official floodplain administrator for the Town.

[FTM Art. 4, 11/1/2021]

8.1.7.

Requirement to Submit New Technical Data.

If the Town acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the Town will, within six (6) months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s). Notification shall be submitted to the FEMA Region I Risk Analysis Branch Chief, and copy of notification to the Massachusetts NFIP State Coordinator.

[FTM Art. 4, 11/1/2021]

8.1.8.

Variances to Building Code Floodplain Standards.

If the State issues variances to the flood-resistant standards as found in the State Building Code, Winchester will use this text for local adoption:

The Town will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community’s files.

The Town shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (2) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District. [FTM Art. 4, 11/1/2021]

8.1.9.

Variances to Local Zoning Bylaws Related to Community Compliance with the National Flood Insurance Program (NFIP).

A variance from these floodplain by-laws must meet the requirements set out by State law, and may only be granted if: (1) good and sufficient cause and exceptional nonfinancial hardship exist; (2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and (3) the variance is the minimum action necessary to afford relief.

[FTM Art. 4, 11/1/2021]

8.1.10.

Permits.

The Town of Winchester requires a permit for all proposed construction or other development in the Floodplain Overlay District, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving, and any other development that might increase flooding or adversely impact flood risks to other properties.

[FTM Art. 4, 11/1/2021]

8.1.11.

Assure That All Necessary Permits Are Obtained.

Winchester’s permit review process includes the use of a checklist of all local, State and Federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The proponent must acquire all necessary permits, and must submit the completed checklist demonstrating that all necessary permits have been acquired.

[FTM Art. 4, 11/1/2021]

8.1.12.

Base Flood Elevation and Floodway Data.

[FTM Art. 4, 11/1/2021 (formerly 8.1.3); ATM Art. 4, 4/28/2025]

Floodway Data.

In Zone A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Where the base flood elevations are not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Commissioner for its reasonable utilization towards meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code.

8.1.13.

Floodway.

In the floodway, as shown on the Flood Boundary and Floodway Map, the following provisions shall apply:

[FTM Art. 4, 11/1/2021 (formerly 8.1.4); ATM Art. 4, 4/28/2025]

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Town's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.

8.1.14.

Floodplain.

In the floodplain designated on the Flood Insurance Rate Map as Zone A or AE, the following provisions shall apply:

[FTM Art. 4, 11/1/2021. Formerly 8.1.5]

All new construction and substantial improvements to any structures must comply with the Massachusetts State Building Code, as amended, for construction within a floodplain designated as Zone A or AE on the Flood Insurance Rate Maps.

Buildings meeting the requirements of Section 8.1.13 must comply with the Massachusetts State Building Code, as amended, for construction within a floodplain designated as Zone A or AE on the Flood Insurance Rate Maps or designated as being within a floodway on the Flood Insurance Rate Maps.

8.1.15.

Base Flood Elevation Data.

Base flood elevation data for each developable parcel shown on the design plans is required for subdivision proposals or other developments greater than 50 lots or five (5) acres, whichever is the lesser, within unnumbered A zones.

[FTM Art. 4, 11/1/2021. Formerly 8.1.6]

8.1.16.

Unnumbered A Zones.

In A zones, in the absence of FEMA BFE data and flood-way data, the Building Department will obtain, review, and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, and for prohibiting encroachments in floodways.

[FTM Art. 4, 11/1/2021]

8.1.17.

Notification of Watercourse Alteration.

The Town Engineer shall notify, in a riverine situation, the following of any alteration or relocation of a watercourse:

[FTM Art. 4, 11/1/2021. Formerly 8.1.7]

Adjacent communities, especially upstream and downstream.

NFIP State Coordinator.

NFIP Program Specialist, FEMA Region 1.

8.1.18.

Use Regulations.

[FTM Art. 4, 11/1/2021. Formerly 8.1.8]

Reference to Existing Regulations. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws (known as the Massachusetts Wetlands Protection Act statute), and with the following:

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120(G));

Wetlands Protection Act Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); and

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

Any variances from the provisions and requirements of the above referenced State regulations may only be granted in accordance with the required variance procedures of these State regulations.

8.1.19.

Other Use Regulations.

[FTM Art. 4, 11/1/2021. Formerly 8.1.9]

Within Zones A, AE, AO, AH, and A99 on the FIRM, require adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

Review all subdivision proposals to assure that: (a) such proposals minimize flood damage; (b) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (c) adequate drainage is provided to reduce exposure to flood hazards.

Existing contour intervals of site and elevations of existing structures must be included on the plan.

There shall be established a “routing procedure” which will circulate or transmit one (1) copy of the development plan to the Conservation Commission, Planning Board, Board of Health, Town Engineer, and Building Commissioner for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.

8.1.20.

Recreational Vehicles.

In A, A1-30, AH and AE Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone’s regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

[FTM Art. 4, 11/1/2021; ATM Art. 4, 4/28/2025]

8.1.21.

Permitted Uses.

The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

[FTM Art. 4, 11/1/2021. Formerly 8.1.10]

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.;

Forestry and nursery uses;

Outdoor recreational uses, including fishing, boating, play areas, etc.;

Conservation of water, plants, wildlife;

Wildlife management of areas, foot, bicycle and/or horse paths;

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises;

Buildings lawfully existing prior to the adoption of these provisions;

Temporary construction for the repair or placement of pipes, drains, utilities, and like installations, which are currently permitted by the Select Board; and

Any work undertaken by or on behalf of the Town of Winchester individually or in conjunction with any other governmental agency, so long as that work is subject to regulation under existing State or Federal laws or regulations.

8.1.22.

Definitions.

[1] See Section 10 for “Floodplain Overlay District.”

[1]

Code reviser’s note: This section was not included in the amendments of FTM 2021-11-01, Art. 4. It has been retained but editorially renumbered to fit the new numbering of Section 8.1.

8.2 Independent Elderly Housing Overlay District (IEHOD).

8.2.1.

Purpose.

The purpose of the Independent Elderly Housing Overlay District (IEHOD) is to provide an alternative and supplement to the assisted living and public elderly housing in Winchester in a manner that encourages the preservation of open space and is consistent with the scale of residential development in the community.

8.2.2.

Overlay District.

The IEHOD is herein established as an overlay district as per vote of the Town Meeting. The application of an IEHOD to the Zoning Map shall not restrict the uses allowed by right or special permit in the underlying zones. However, properties designated within the IEHOD may apply for a special permit to build assisted living and elderly housing consistent with this Section of the Bylaw.

8.2.3.

Applicability.

Assisted living and elderly housing shall be permitted only in areas designated on the zoning map as an IEHOD. Said IEHOD shall not deny to the owners of property the uses allowed by right or special permit in the underlying zones. However, properties designated within the IEHOD may also apply for a special permit to construct assisted living and elderly housing consistent with the guidelines of this Bylaw. In addition to the special permit criteria listed herein, a special permit for assisted living and elderly housing in the IEHOD is subject to the provisions and procedures established for special permits in this Bylaw in Section 9.4.

8.2.4.

Special Permit Criteria.

Minimum Parcel or Lot Size.

Five (5) Acres.

Minimum Open Space.

A minimum of 65 percent of the total site area shall be set aside for open space as defined by this Bylaw and shall not include any parking area as described below in 5. and 6.

Development Capacity.

The maximum allowable development capacity shall be 12 dwelling units per acre. Development capacity shall be a function of the lot size multiplied by the dwelling unit per acre allowance, but in no instance shall any project exceed 150 assisted living and elderly housing dwelling units.

Minimum Off-Street Parking.

A minimum of one-half (0.50) parking spaces per dwelling unit shall be provided. Further, all site plans shall indicate an area where an additional one-quarter (0.25) parking spaces per dwelling unit can be provided. The area set aside for additional parking shall remain as open space unless within a five year period of the granting of the special permit the Board of Appeal requires that all or part of said area be developed for off-street parking purposes.

Minimum Setbacks.

No building or structure shall be located within 100 feet of the perimeter legal lot lines of a development within the IEHOD. Said setbacks may be calculated as part of the minimum open space requirement, if they remain as open and undeveloped areas. Parking may be permitted in the minimum setbacks but not within fifty feet of the perimeter legal lot lines and shall be well buffered. Further, the portion of the minimum setback that may be used for parking shall not be calculated as part of the required open space.

Maximum Height.

Three stories, but not more than 40 feet.

Maximum Lot Area Coverage.

Not more than 15 percent of the total lot area may be devoted to buildings or structures; this requirement shall not apply to at grade or below grade parking areas but shall apply to garage parking above grade.

Minimum Lot Frontage.

Frontage on an approved way shall be a least 200 feet. Lots having one half or more frontage on a circular turnaround or curve of less than 100 feet radius, may be reduced to a minimum frontage of 50 feet, provided that the minimum lot width otherwise required is maintained at the front yard setback line.

8.2.5.

Permitted Uses.

Subject to the grant of a special permit, the following uses are allowed in the IEHOD:

Multi-family residential structures intended for assisted living or elderly residents.

Retail and personal service commercial uses provided that there are no exterior signs indicating the nature of the commercial activity beyond one square foot in size, and further that the sum total of the retail and personal service areas does not exceed two percent of gross square feet of the project, excluding basements and parking areas.

Recreation facilities, dining rooms, for on-premise use only, kitchens, pools, meeting and function rooms, administrative offices, and medical facilities for diagnosis, out-patient services, and in-home care, including without limitation assistance for memory-impaired residents.

8.2.6.

Affordable Housing Requirements.

The applicant shall be required, as a condition of the special permit, to provide affordable housing in Winchester. Specifically, the applicant shall provide affordable housing through one of, or a combination of, the following methods with preference given to provisions of on-site units:

Setting aside a determined number of dwelling units up to 10 percent in the IEH project for rental by the Select Board. In this instance the applicant shall transfer an amount to the Winchester Housing Fund consistent with the criteria of Section 8.2.7 below. The Select Board shall have the authority to use said amount to rent units in the IEHOD project at the market rate. Alternatively, the Select Board shall have the right to negotiate arrangements for rent reduction in said units in lieu of the amount that would have been transferred to the Winchester Housing Fund.

Consistent with Section 8.2.7 below, transferring ownership to the Select Board of a dwelling unit or dwelling units for affordable housing purposes. The dwelling units may be newly constructed or derived from existing stock in the community.

Payment into the Winchester Housing Fund an amount consistent with the Section 8.2.7.

8.2.7.

Affordable Housing Procedure and Determinations.

The Board of Appeal shall determine the estimated construction costs of all buildings and further shall determine an amount that represents five percent of said costs. As the basis for its determination, the Board of Appeal shall use the appropriate current year edition of Building Construction Cost Data published by the R.S. Means Company of Kingston, Massachusetts. Using said construction cost data, and specifically, the median of the upper quartile costs associated with the construction of housing for the elderly, the Board shall calculate five percent of said construction costs. The resulting dollar value expressed in whole dollars shall be known as the base value. If the applicant requests a change in the original special permit, the base value shall be recalculated.

The applicant shall be required to transfer ownership to the Select Board or purchase and transfer, dwelling units in the community that are equivalent in value to the determined base value. However, to provide flexibility in meeting the above requirement, the Select Board may allow the applicant to construct and transfer, or purchase and transfer, dwelling units that represent not less than 75 percent of the base value given a written agreement indicating that the balance of the base value will be invested into the required dwelling units as interior or exterior improvements. If said improvements are not required or if there is a balance of funds after the improvements are made, said funds shall be transferred to the Winchester Housing Fund (Fund). Further, the Select Board may, at its discretion, require that the entire base value be transferred to the Fund; or that the base value be transferred to the Fund with the stipulation that said base value amount be invested and that the interest or portion of the interest earned be used to rent units in an assisted living or elderly housing project in the IEHOD at market rates.

Appraisals.

In the instance where the base value is used to purchase housing and to insure the Town is receiving proper value, the Select Board shall hire a professional real estate appraiser to determine the value of all dwelling units intended to meet the requirements of this Bylaw. The Select Board shall hire the said appraiser within seven days of the applicant’s submission, in writing, of a residential property intended to meet the requirements of this subsection; said submission shall be to the Town Manager. The Town Manager may use the base value funds to pay for the appraisal, or may reduce the base value by the amount necessary to pay for the appraisal and require the applicant to pay the appraiser selected by the Town Manager.

If applicants disagree with the appraisal provided by the Town, they shall have the right to provide their own professionally prepared appraisal. If said appraisals differ by more than ten percent, a third appraisal undertaken by a mutually acceptable professional appraiser shall be undertaken. The cost of the third appraisal, if necessary, shall be shared by the Town and the Applicant. The third appraisal shall be binding on both parties.

However, if the first and second appraisals do not differ by more than ten percent, the base value shall be considered as the average value of the two appraisals.

Type of Dwelling Units.

The type of dwelling units required of the applicant shall be determined by the Select Board after consultation with the Winchester Housing Authority on a project by project basis.

Letter of Credit or Escrow Account.

The applicant shall be required to secure a Letter of Credit for the entire base value amount. If the applicant is unable to secure a Letter of Credit, the Select Board may permit the applicant to establish an escrow account in the full amount of the base value.

The Select Board shall have the authority to require the applicant to draw on the Letter of Credit or escrow account only for the purpose of purchasing new or existing housing stock to be transferred to the Select Board or to transfer funds to the Winchester Housing Fund.

The applicant shall establish the Letter of Credit or escrow account before the issuance of the building permit. In the instance where the applicant is required to transfer the entire base value amount to the Winchester Housing Fund, the amount shall be transferred prior to the issuance of the temporary or permanent occupancy permit.

In the instance where the applicant is required to transfer housing units, the total amount of the base value amount shall be expended for this purpose within six months of the issuance of the temporary or permanent occupancy permit.

If the Select Board does not direct the purchase of housing units before the final expenditure date noted above, the full balance of the Letter of Credit or escrow account shall be transferred by the applicant to the Winchester Housing Fund.

8.3 Adult Use Overlay District (AUOD).

8.3.1.

Purpose.

It is the purpose and intent of this Bylaw, in accordance with the provisions of General Laws, Chapter 40A, Section 9A, not to suppress free speech activities protected by the First Amendment, but to control and minimize, in a reasonable manner, the adverse secondary effects of adult uses on the surrounding community, including such effects as nighttime traffic and noise, increased crime, declining property values, impairment of retail trade, limitation of economic development, inappropriate impact on the Town’s children and youth, and deterioration of the quality of suburban life.

8.3.2.

Definitions.

See Section 10.0 – “Adult Uses”.

8.3.3.

Overlay District.

The Adult Use Overlay District (AUOD) is herein created as an overlay district within portions of the Center Business District, more fully described on a plan entitled “Adult Use Overlay District” hereinafter described:

The Adult Use District Overlay is located within the Center Business District along the Easterly side of Shore Road and Westerly and Northeasterly of Winchester Place. Said district is comprised of three separate areas, as shown on a plan entitled “Adult Use Overlay District” by George J. Zambouras, P.E. Town Engineer dated September 26, 1997, more particularly described as follows; all distances being more or less:

Beginning at a point on the Southeasterly side of Shore Road 98 feet from the intersection of Mount Vernon Street; Northwesterly by Shore Road 165 feet; Northeasterly by Town of Winchester 116 feet; Southeasterly by Winchester Place 130 feet; Southerly by land now or formerly R.A. Johnson Realty Trust 71 feet; and Southwesterly by land now or formerly Tara Realty Trust 74 feet.

Beginning at a point on the Southeasterly side of Shore Road 337 feet from the intersection of Mount Vernon Street; Northwesterly by Shore Road 144 feet; Northeasterly on ten courses by land now or formerly Aberjona Park Real Estate Trust 160 feet; Easterly and Southerly on three courses by Winchester Place 169 feet; Southwesterly by Town of Winchester 103 feet. Beginning at a point on the Southeasterly side of the Winchester Place 334 feet from the intersection of Mount Vernon Street; Northwesterly by Winchester Place 76 feet; Northerly by land now or formerly Aberjona Park Real Estate Trust 128 feet; Easterly by Aberjona River 76 feet; Southwesterly by Town of Winchester 145 feet.

8.3.4.

Effect.

The application of the AUOD shall not restrict the uses allowed by right or special permit in the underlying zone. However, a special permit is required to establish any Adult Use within the AUOD.

8.3.5.

Submittal Requirements.

The application for a permit for adult use shall submit the information required by Section 9.4 and the following additional information:

The names and addresses of the applicant and the legal owners of the establishment and of the building in which the Adult Use is to be conducted. In the case of a partnership, state the name and address of each general and limited partner. In the case of a corporation, state the name and address of each officer and director.

The names and addresses of all persons having a legal or equitable interest in the establishment and of the building in which the Adult Use is to be conducted, including mortgages and other security interests, leases, and such interests as are held by trustees and beneficiaries of trusts.

The names and addresses of the managers and other employees who will be working at the site.

Proposed provisions for security within and without the building in which the Adult Use is to be conducted.

A plan and description of the physical layout of the interior of the building in which the Adult Use is to be conducted.

A written statement by the applicant certifying under penalty of perjury that, in the case of a corporate applicant, no officer or director thereof has been convicted of violating the provisions of General Laws, Chapter 119, Section 63, Chapter 272, Section 28, or any other felony; that in the case of a partnership applicant, no general or limited partner has been so convicted; and that in the case of an individual applicant, he or she has not been so convicted.

8.3.6.

Decision.

The Planning Board shall submit recommendations to the Board of Appeals, in writing, within 20 days after the conclusion of such public hearing. The provisions of Section 9.4 of this Bylaw shall apply to the granting of special permits for Adult Uses. With respect to AUOD special permits, the required criteria of Section 9.4.2 shall include the following:

General compatibility of the property (apart from the use thereof) with adjacent properties and other properties in the district.

8.3.7.

Conditions.

No Adult Use shall be located within 150 feet of any residential use, church or place of worship, school, park, playground, daycare center or nursery. The distance shall be measured from the nearest point of the property parcel upon which the proposed adult use is to be located, to the nearest point of the parcel of property from which the proposed Adult Use is to be separated.

No Adult Use shall be located within150 feet of any other Adult Use.

An adequate security plan shall be presented for each such proposed Adult Use.

Any display or advertising shall be in accordance with the sign provisions of this Bylaw, provided that no advertisement, display or other sexually explicit graphic or text, as defined in General Laws Chapter 272 Section 31, is to be visible to the public from any public way or walkway.

An Adult Use special permit shall not be issued to any person convicted of violating the provisions of General Laws Chapter 119, Section 63 or Chapter 272, Section 28, or any other felony.

Nothing in this Bylaw is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any Town regulation or statute of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the exhibition or public display thereof.

8.4 Wireless Communications Facilities Overlay District (WCFOD).

[FTM Art. 7, 11/7/2024]

8.4.1.

Purpose.

This Section is adopted for the authorization and regulation of the placement, construction, installation, modification, use, monitoring and removal of Wireless Communications Facilities and the protection of the general public from the impacts associated with Wireless Communications Facilities. This Section is intended to be used in conjunction with other provisions of the Zoning Bylaw, other regulations and requirements adopted by the Town and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of the Town’s residential character, and the provision of adequate infrastructure development. It is the purpose of this Bylaw to:

Preserve the character and appearance of the Town, including, but not limited to, the scenic, historic, environmental and natural or man-made resources of the Town, while simultaneously allowing adequate Wireless Communications Facilities to be developed;

Minimize the adverse impact of Wireless Communications Facilities on adjacent properties and residential neighborhoods;

Provide procedures, standards and requirements for the authorization, regulation, placement, construction, installation, modification, use, monitoring, and removal of Wireless Communications Facilities;

Minimize the overall number and height of such Facilities and promote shared use of existing Facilities to reduce the need for additional Facilities; and

Guide sound development while promoting the health, safety and general welfare of the Town of Winchester consistent with applicable federal law.

8.4.2.

Discrimination Among Providers.

In accordance with the requirements of 47 U.S.C. § 332(c)(7)(B), and until these requirements are modified, amended or repealed, in regulating the placement, construction, installation, modification, use, monitoring and removal of Wireless Communications Facilities, the administration of this Bylaw shall not be undertaken in a manner which unreasonably discriminates among providers of Functionally Equivalent Services or prohibits or has the effect of prohibiting the provision of Wireless Communications Services. Furthermore, any decision to deny a request to place, construct, install, modify, and/or use Wireless Communications Facilities shall be in writing and supported by substantial evidence contained in a written record. Furthermore, this Bylaw may not regulate the placement, construction, installation, modification and/or use of Wireless Communications Facilities on the basis of the environmental effects of radio frequency emissions to the extent that such Facilities comply with the Federal Communications Commission’s (the “FCC”) regulations concerning such emissions.

8.4.3.

Applicability.

The Wireless Communications Facilities Overlay District (WCFOD) is herein established as an overlay district within: Apartment House Residential Districts B (RB-20); Limited Light Industrial Districts (IL-0); General Business District (GBD-1); Center Business Districts (CBD), Main Street Mixed-use District (MSMD); and the Conservancy-Institutional District (SCI). The application of the WCFOD shall not restrict the uses allowed by right or special permit in the underlying zone. Properties within the WCFOD may apply for a special permit to establish and operate a Wireless Communications Facility use consistent with this Section 8.4 and the other applicable requirements of this Bylaw.

The provisions of other sections of this Bylaw notwithstanding, the regulations and restrictions set forth herein shall apply to the placement, construction, installation, modification, monitoring and removal of Wireless Communications Facilities. No Wireless Communications Facility shall be placed, constructed, installed, or modified within the Town of Winchester on or after the date of enactment of this Bylaw, except in accordance with the provisions of this Section 8.4. All Wireless Communications Facilities shall:

Be restricted solely to the WCFOD;

Require the issuance of a Special permit by the Board of Appeals as provided herein; and

Shall follow the site plan review process outlined in this Bylaw.

8.4.4.

Exemptions.

The following shall be exempt from the provisions of Section 8.4:

Facilities used for noncommercial Town or state public safety purposes.

Facilities used by a conforming, federally licensed amateur radio used in accordance with said FCC license as protected by Massachusetts General Laws Chapter 40A, Section 3, provided that (1) any such Facility is not used or licensed for any commercial purpose; and (2) any Mount used in connection with said federally licensed amateur radio use must be removed upon loss or termination of said FCC license.

Television antennas, including so-called dish antennas which are subject to other sections of this Bylaw.

Licensed commercial mobile radio services primarily used in support of the licensee’s own business purpose, provided that (1) such services are not used as a dispatching or communication service for third parties and (2) any Facilities used in connection therewith may not exceed the maximum height permitted hereunder. By way of example but not limitation, exempt commercial mobile radio services would include such services used by a taxi or limousine company to communicate with its vehicles and repair, service, delivery, towing and fuel delivery companies to communicate with their respective vehicles.

Notwithstanding anything to the contrary contained in this Section 8.4, Wireless Communications Facilities installed wholly within and not protruding from the interior space of an existing structure, excluding buildings used for residential use, (except in the RDB Districts), shall be allowed as of right in all Districts, subject to all other applicable bylaws and regulations of the Town and the following subsections of this Section 8.4: 8.4.14, 8.4.15, and 8.4.17.1.

8.4.5.

Prohibitions.

Lattice style towers, guyed towers and other Facilities requiring three or more legs and/or guy wires for support shall not be allowed.

Advertising signs shall not be allowed. Other signs shall not be allowed, except in accordance with the other provisions of this Bylaw.

Fences using razor wire or barbed wire or similar types shall not be allowed.

The use of telephone and electric utility poles and structures as sites for Wireless Communications Facilities is prohibited, except the use of electric utility transmission towers for which a special permit issued under this Bylaw is in effect shall be allowed, provided that any new Facility shall not exceed the terms and conditions of the special permit in effect for the existing Facility on which it is to be located.

Wireless Communications Facilities may not be located on a nonconforming building or structure, unless said building or structure first obtains any zoning relief necessary to extend, alter or change the building or structure in accordance with General Laws Chapter 40A, Section 6 and the requirements of this Section 8.4 are satisfied.

Monopoles and other Wireless Communications Facilities in excess of 15 feet in height are prohibited, except in the Limited Light Industrial Districts.

Side and roof-mounted Wireless Communications Facilities shall not be allowed on a building or structure of less than two stories.

8.4.6.

Regulations.

If primary coverage (greater than 50 percent) from the proposed Wireless Communications Facility is outside of the Town of Winchester, then the Board of Appeals may decline the special permit, unless the applicant can show that it is unable to locate within the town which is primarily receiving service from the proposed Facility.

Any applicant for a special permit for the placement, construction, installation or modification of a Wireless Communications Facility shall demonstrate to the Board of Appeals that the location of the proposed Facility complies with all of the requirements of this Bylaw; that the size and height of the proposed Facility is the minimum necessary for its intended purpose using topographical advantage where possible; and furthermore, that the proposed Facility provides the least obtrusive visual impact based on commercially reasonably available technology.

This Section 8.4 is intended to be used in conjunction with the other provisions of the Zoning Bylaw, other regulations and requirements adopted by the Town of Winchester, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of Winchester’s residential character and the provision of adequate infrastructure development in Winchester.

With respect to properties within the SCI District, see Section 8.4.38 below.

8.4.7.

Definitions.

See Section 10.0 -Wireless Communications Facility Overlay District”.

8.4.8.

Location.

Applicants seeking approval for Wireless Communications Facilities shall comply with the following:

If feasible, Wireless Communications Facilities shall be located on existing structures, including but not limited to buildings, existing telecommunications Facilities, Monopoles, and related Facilities, provided that such installation preserves the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.

In addition to and without limitation of the other provisions of this Section 8.4, if feasible, applicants shall seek to locate Monopoles at the following locations (which are ranked in order of preference):

Adjacent to existing Monopoles;

On Town lands and preexisting structures where visual impact can be minimized; and

Distant from higher density residential properties where visual impact can be minimized.

8.4.9.

Height.

Wireless Communications Facilities shall comply with the following requirements:

Height, Ground-Mounted Facilities.

The maximum height of a ground mounted Wireless Communications Facility shall not exceed 100 feet.

Height, Roof-Mounted Facilities.

Roof-mounted Wireless Communications Facilities shall not project more than 15 feet above the height of the building or structure on which they are mounted nor project more than 15 feet above the height limit of the zoning district within which the Facility is located, whichever is less.

Height, Side-Mounted Facilities.

Side-mounted Wireless Communications Facilities shall not project above the parapet of the building or top of any wall or structure on which they are mounted.

8.4.10.

Extensions from Walls.

Wireless Communications Facilities shall comply with the following requirements:

Extensions Beyond the Face of Walls, Side and Roof-Mounted Facilities.

Side and roof-mounted Wireless communications Facilities shall not extend beyond the face of any wall, or exterior surface in the case of a building or structure that does not have walls, by more than 18 inches.

Extensions Below the Top of Walls, Side and Roof-Mounted Facilities, Multi-Story.

Side and roof-mounted Wireless communications Facilities shall not extend below the top of any wall, or exterior surface in the case of structures that do not have walls, by more than four (4) feet as to any two (2) story building or structure or by more than eight (8) feet as to any building or structure of three (3) or more stories.

8.4.11.

Setbacks.

Wireless Communications Facilities shall comply with the following requirements:

Setbacks, Ground-Mounted.

The minimum distance from the base of any ground-mounted Wireless Communications Facility to any property line shall be two and a half (2.5) times the height of the Facility/mount, including any antennas or other appurtenances from the property line. In addition, a minimum setback of 300 feet from any habitable dwelling or business is required.

Setbacks, Preexisting Structures.

In the event that a structure is proposed as a Mount for a Wireless Communications Facility, the setback provisions of the underlying zoning district shall apply. In the case of preexisting, nonconforming structures, Wireless Communications Facilities and their Equipment Shelters shall not increase any nonconformities unless the necessary zoning relief to extend, alter or change the building or structure in accordance with General Laws Chapter 40A, Section 6 and Section 3.4 of this Bylaw has been issued.

8.4.12.

Surface Area.

Roof-mounted Wireless communications Facilities shall not individually or in the aggregate have a front surface area facing surrounding streets and adjacent properties that exceeds 50 square feet in area.

8.4.13.

Flexibility.

In reviewing a special permit application for a Wireless Communications Facility, the Board of Appeals may reduce the required setback distance of the zoning district by as much as 50 percent of the required distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the Board of Appeals shall consider the visual and, to the extent permitted under the Telecommunications Act, the safety impacts of the proposed use.

8.4.14.

Design Standards; Camouflage by Buildings or Structures.

Wireless Communications Facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site plan review), and placement within trees.

Camouflaging, Roof-Mounted.

When a Wireless Communications Facility extends above the roof height of a building on which it is mounted, every reasonable effort shall be made to conceal the Facility within or behind the architectural features of the building to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the parapet in order to limit their visual impact from the ground.

Camouflaging, Side-Mounted.

Wireless Communications Facilities which are side-mounted shall blend with the building’s architecture and, if over five square feet, shall be shielded with material which is consistent with the design features and materials of the building.

8.4.15.

Camouflage by Vegetation.

If Wireless Communications Facilities are not camouflaged from public viewing areas by the architectural features of buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted Wireless Communications Facilities shall provide a year-round vertical evergreen vegetated buffer of 50 feet, or 75 percent of the overall height of the structure, in all directions, whichever is less. Trees and vegetation may be existent on the subject property or installed as part of the proposed Facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings.

8.4.16.

Color.

Wireless Communications Facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.

To the extent that any Wireless Communications Facilities extend above the height of the building and the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue, or other suitable color, which blends with sky and clouds, or otherwise creates the greatest camouflage effect.

8.4.17.

Equipment Shelters.

Equipment Shelters for Wireless Communications Facilities shall be designed consistent with one of the following design standards:

Equipment Shelters must be located in underground vaults when reasonably practicable.

Equipment Shelters must be designed consistent with traditional materials, color and design of the area.

Equipment Shelters must be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence acceptable to the permitting authority.

8.4.18.

Lighting, Signage, and Security.

Wireless Communications Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of Equipment Shelters and any other Facilities on site shall be shielded from abutting properties.

Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs are subject to review by the Board of Appeals.

All ground mounted Wireless Communications Facilities shall be surrounded by a Security Barrier.

8.4.19.

Historic Buildings.

Any Wireless Communications Facilities located on a structure listed on the National Register of Historic Places (“Historic Structure”) shall not materially alter the character-defining features, distinctive construction methods, or original historic materials of the Historic Structure.

Any alteration made to a Historic Structure to accommodate a Wireless Communications Facility shall be fully reversible.

8.4.20.

Noise Standards.

Facilities shall comply, to the extent not in violation of the Telecommunications Act, with the noise regulations under 310 CMR 7.10 enacted pursuant to General Laws Chapter 111, Sections 142B and 142D, as amended from time to time. Failure to comply with such noise regulations may result in a revocation of the special permit.

After the Wireless Communications Facility is in operation, the applicant shall submit to the Zoning Enforcement Officer, within 90 days of the beginning of operations, current measurements of acoustic noise from the Wireless Communications Facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards of subsection of this Bylaw.

8.4.21.

Radiofrequency Radiation (RFR) Standards.

All equipment proposed for a Wireless Communications Facility shall be authorized pursuant to the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations. Failure to comply with the FCC Guidelines may result in a revocation of the special permit.

8.4.22.

Special Permit Granting Authority (SPGA).

The SPGA for Wireless Communications Facilities shall be the Board of Appeals.

8.4.23.

Application Filing Requirements.

General Filing Requirements Applicable to All Facilities. The following shall be included with an application for a special permit for all Wireless Communications Facilities:

Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of a Wireless Communications Facility.

Every application for a Wireless Communications Facility special permit shall include the owner of the subject property and at least one Licensed Carrier as an applicant or a co-applicant.

Original signatures are required for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant will be represented by an agent, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted.

8.4.24.

Location Filing Requirements Applicable to All Facilities.

The following shall be included with an application for a special permit for all Personal Wireless Facilities:

Identify the subject property by including the name of the nearest road or roads and the street address, if any, and Assessors Map and Parcel number of the subject property.

A Town Engineer’s map to scale showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.

If the FCC requires that an EA be filed with the FCC prior to beginning operations of the subject Facility, a copy of the EA shall be submitted with the application.

A listing of the location, type and amount (including trace elements) of any materials proposed for use within the Wireless Communications Facility that are considered hazardous by the federal, state or local government.

8.4.25.

Additional Location Filing Requirements Applicable to Monopoles and Other Facilities in Excess of 15 feet in Height.

In addition to the Location Filing Requirements above, an application for a special permit in connection with a Monopole or another Facility in excess of 15 feet in height shall include a map showing the other preexisting and approved Wireless Communications Facilities in Winchester and outside Winchester within one mile of its boundary.

8.4.26.

Siting Filing Requirements Applicable to All Facilities; Vicinity Plan.

The following one inch equals 40 feet (1”= 40’) or other suitable scale vicinity plan showing the following shall be included with an application for a special permit for all Wireless Communications Facilities:

Property lines for the subject property.

Proposed location of antenna, mount and equipment shelter(s).

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.

Representations, dimensioned and to scale, of the proposed Mount, Antennas, Equipment Shelters, cable runs, parking areas and any other construction or development attendant to the Wireless Communications Facility.

Location of all conservation lands, easements and wetlands on the subject property and on all properties adjacent to the subject property.

8.4.27.

Sight Lines and Photographs Filing Requirements Applicable to All Facilities.

The following sight lines and photographs as described below shall be included with an application for a special permit for all Wireless Communications Facilities:

Sight line representation.

A sight line drawn to the highest point of the Wireless Communications Facility representing the viewpoint (point from which view is taken) and visible point (point being viewed) shall be provided for any Scenic View Points as determined by the Board of Appeals. Each sight line shall be depicted in profile, drawn at a one-inch-equals-40-feet (1”=40’) scale. The profiles shall show all intervening trees and buildings.

Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen (1) from any public road and any residential building within 300 feet and (2) from the Scenic View Points.

Proposed (after condition) photographs. Each of the preexisting condition photographs shall have the proposed Wireless Communications Facility superimposed on it to show what will be seen (1) from public roads and any residential building within 300 feet and from (2) from the Scenic View Points, if the proposed Wireless Communications Facility is built.

Siting elevations from the north, south, east and west for a 50-foot radius around the proposed Wireless Communications Facility plus from all existing public and private roads that serve the subject property. Section views shall be at either one-quarter inch equals one foot (0.25”=1’) or one-eighth inch equals one-foot scale (1/8” = 1”) and show the following:

Antennas, Mounts and Equipment Shelter(s), with total Elevation and dimensions.

Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.

8.4.28.

Sight Lines and Photographs Filing Requirements Applicable to All Facilities.

The following additional siting filing requirements shall be applicable to monopoles and other facilities in excess of 15 feet in height.

The vicinity plan required hereunder also shall include the following:

Property lines of all properties within 300 feet of the proposed location.

Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height, as measured by or available from a verifiable source.

Outline of all existing buildings, include purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property.

Proposed Security Barrier, indicating type and extent as well as point of controlled entry.

Location of all roads, public and private, on the subject property and on all properties adjacent to the subject property, including driveways proposed to serve the Wireless Communications Facility.

Contours at each two (2) foot intervals based on the North American Vertical Datum of 1988 (NAVD88).

In addition to the siting elevation requirements hereunder, siting elevations submitted with an application for a special permit in connection with a Monopole shall include the following:

If the Security Barrier will block views of the Wireless Communications Facility, the barrier drawing shall be cut away to show the view behind the barrier.

Any and all structures on the subject property.

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours.

8.4.29.

Design Filing Requirements Applicable to All Facilities.

The following shall be included with an application for a special permit for all Wireless Communications Facilities:

Equipment brochures for the proposed Wireless Communications Facility such as manufacturer’s specifications or trade journal reprints shall be provided for the antennas, mounts, Equipment Shelters, cables as well as cable runs, and Security Barrier, if any.

Materials of the proposed Wireless Communications Facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These specifications shall be provided for the Antennas, Mounts, Equipment Shelters, cables as well as cable runs, and Security Barrier, if any.

Colors of the proposed Wireless Communications Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, Equipment Shelters, cables as well as cable runs, and Security Barrier, if any.

Dimensions of the Wireless Communications Facility specified for all three dimensions: height, width, and breadth. These shall be provided for the Antennas, Mounts, Equipment Shelters and Security Barrier, if any.

Appearance shown by at least two photographic superimpositions of the Wireless Communications Facility within the subject property. The photographic superimpositions shall be provided for the Antennas, Mounts, Equipment Shelters, cables as well as cable runs, and Security Barrier, if any, for the total height, width and breadth.

Site Justification Statement including a description of the narrowing process that eliminated other potential sites, including identification of such other sites.

8.4.30.

Design Filing Requirements Applicable to Monopoles and Other Facilities in Excess of 15 Feet in Height.

In addition to the design filing requirements hereunder, applications for a special permit in connection with a Monopole or other Facility in excess of 15 feet in height shall include:

Landscape plan including preexisting trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.

During the application process the applicant shall schedule with the Board of Appeals a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed Facility. The date, time and location of such test shall be advertised, at the expense of the applicant, in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test.

If lighting of the site is proposed, the applicant shall submit a manufacturer’s computer generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and 25 feet beyond property lines. The printout shall include the locations and types of luminaries proposed.

8.4.31.

Employment of Telecommunications Specialists.

A fee, to be determined by the Planning Board, or Zoning Board of Appeal, shall be required of applicants for Wireless Communications Facilities, to allow it, if it deems necessary, to hire a telecommunications specialist to aid in the evaluation, review or inspection of a specific Wireless Communications proposal or facility. Such fee shall be paid into an account established by the municipal treasurer. Any such account established by the municipal treasurer in the municipal treasury shall be kept separate and apart from other monies. The special account, including accrued interest, if any, shall be expended at the direction of the authorized board of authority as permitted by General Laws Chapter 44, Section 53G, without further appropriation; provided, however, that such funds are to be expended by it only in connection with the carrying out of its responsibilities under the law. Any excess amount in the account attributable to a specific project, including any accrued interest, at the completion of said project shall be repaid to the applicant or to the applicant’s successor in interest. For purposes of the foregoing, a telecommunications specialist shall mean a qualified professional with expertise in monitoring of electromagnetic fields and telecommunications engineering who has a record of service to municipalities. The telecommunications specialist shall be subject to a selection process and have qualifications in accordance with General Laws Chapter 44, Section 53G.

8.4.32.

Co-location.

Licensed Carriers shall share Wireless Communications Facilities and sites where feasible and appropriate, thereby reducing the number of Wireless Communications Facilities that are stand-alone Facilities. All applicants for a special permit for a Wireless Communications Facility shall demonstrate a good faith effort to co-locate with other Carriers. Such good faith effort includes:

A survey of all existing structures that may be feasible sites for co-locating Wireless Communications Facilities;

Contact with all other Licensed Carriers for Personal Communications Services operating in cities and towns bordering on Winchester; and

Providing information necessary to determine if Co-location is feasible under the design configuration most accommodating to Co-location.

An Applicant shall demonstrate to the Board of Appeals that it has made a good faith effort to co-locate its Facility upon an existing Facility. The Board of Appeals may require the applicant to retain a technical expert in the field of RF engineering and/or a structural engineer to verify and certify to the Board of Appeals whether Co-location at the site is not feasible or is feasible given the design configuration most accommodating to Co-location. The cost for such a technical expert will be at the expense of the applicant. The Board of Appeals may deny a special permit to an applicant who has not demonstrated a good faith effort to provide for Co-location

If the applicant does intend to co-locate or to permit Co-location, the Board of Appeals shall request drawings and studies which show the ultimate appearance and operation of the Wireless Communications Facility at full build-out.

If the Board of Appeal approves Co-location for a Wireless Communications Facility site, the special permit shall indicate, based on information provided by the applicant, how many facilities of what type shall be permitted on that site.

A Wireless Communications Facility may locate as of right on any Monopole for which a special permit issued under this Bylaw is in effect, provided that the new Facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located.

8.4.33.

Monitoring and Maintenance.

After the Facility is in operation, the applicant shall submit to the Zoning Enforcement Officer, within 90 days of beginning operations, current RFR measurements. Such measurements shall be signed and certified by an RF Engineer, stating that RFR measurements are accurate and are in compliance or how the measurements fail to comply with all applicable FCC Guidelines as specified herein. The measurements shall be submitted for both the applicant and all co-locators.

The applicant and co-applicant shall maintain the Wireless Communications Facility. Such maintenance shall include, but shall not be limited to, painting, structural integrity and landscaping.

8.4.34.

Change of Ownership, Abandonment or Discontinuation of Use.

At such time that (1) any applicant or co-applicant transfers its legal or beneficial interest in the Facility or (2) a Licensed Carrier plans to abandon or discontinue operation of a Wireless Communications Facility, such applicant, co-applicant or Carrier will notify the Zoning Enforcement Officer by certified US mail of the proposed date of transfer of ownership or abandonment or discontinuation of operations, such notice shall be given no less than 30 days prior to transfer of ownership or abandonment or discontinuation of operations. Without limitation of Section 8.4.19(d) noted above, as to abandonment or discontinuation of operations, if a Licensed Carrier fails to give such notice, the Wireless Communications Facility shall be considered abandoned upon discontinuation of operations.

Upon abandonment or discontinuation of use, the Licensed Carrier shall physically remove the Wireless Communications Facility within 90 days from the date of abandonment or discontinuation of use. “Physically remove” shall include, but not be limited to:

Removal of antennas, mount, Equipment Shelters and Security Barriers from the subject property;

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations; and

Restoring the location of the Wireless Communications Facility to its natural condition, except that any landscaping and grading shall remain in the after condition.

As a condition of any special permit for the placement, construction, installation or modification of a Monopole or other Facilities in excess of 15 feet in height, the Board of Appeals shall require a performance bond prior to the issuance of a building permit to cover the costs of removing the Facility from the subject property; the Board of Appeals may require or waive said bonding requirement in connection with a special permit for any other Facility.

A Facility shall be deemed to be abandoned or discontinued if the FCC license for the Facility has expired or has been terminated or if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the applicant or co-applicant shall remove the Facility from the subject property within 90 days. In the event that the applicant or co-applicant fails to remove the Facility, the Town may, upon 30 days’ notice to the applicant or co-applicant remove the Facility at the sole cost and expense of the applicant or co-applicant. Nothing contained herein shall be deemed to create any obligation on the part of the Town to remove or cause others to remove the Facility. The applicant or co-applicant shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the Town to enter upon the subject property to remove the Facility, if the applicant or co-applicant fails to remove the Facility when it has been abandoned or discontinued.

8.4.35.

Reconstruction or Replacement of Preexisting Nonconforming Wireless Communications Facilities.

Wireless Communications Facilities that were lawfully in existence at the time of adoption of this Bylaw may be reconstructed, altered, extended or replaced by special permit, provided that the Board of Appeals finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexisting, nonconforming structure. In making such a determination, the Board of Appeals shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for Co-location, improvements in public safety, and/or reduction in visual and environmental impacts.

8.4.36.

Performance Guarantees.

Insurance in a reasonable amount determined and approved by the Board of Appeals after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance shall be filed with the Zoning Enforcement Officer.

8.4.37.

Term of Special Permit.

A special permit issued for any Wireless Communications Facility shall be good for five (5) years and the special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in this Bylaw, Section 9.0, Administration and Enforcement.

8.4.38.

SCI District Structures.

Whereas the purpose of the SCI District established under this Bylaw was to create a district to preserve and enhance the unique characteristics of land and structures which are predominantly for conservation of natural conditions, wildlife and open spaces, education and for private and public institutional and recreational uses, and in the creation of said District, it was a purpose of the Town to minimize visual and other impacts on land and structures that may derogate from and be incompatible with such unique conservation, education, institutional and recreational uses; therefore the Town hereby extends, in a measured and deliberate manner, authorization of Wireless Communications Facilities, by special permit procedure, and subject to uniform structural and physical criteria herein, within said unique SCI District, except that based on certain structural or physical criteria herein set forth, said authorization does not extend to the Town forest(s), Town park(s), Town cemetery, conservation lands and certain SCI lands and structures as set forth herein.

Regulations.

Subject to the requirements otherwise applicable to Wireless Communications Facilities pursuant to Section 8.4, applicants may apply for a Special Permit for Wireless Communications Facilities within the SCI District. Any such Facilities shall be subject to the following additional uniform structural or physical criteria:

To reduce visual and other impacts on land and structures, the placement, construction, Installation, modification or operation of Wireless Communications Facilities may be on or within structures with a ground level floor area of not less than 40,000 square feet. For purposes of this Section, floor area shall mean the aggregate horizontal area on the ground level floor of the principal building, exclusive of auxiliary structures used for storage or for service incidental to the operation of such principal building.

Notwithstanding the foregoing, because of visual and other impacts on lands and structures, Wireless Communications Facilities shall not be placed on lands, nor the structures therein, within the Conservancy-Institutional District, if the lands have the following physical characteristics: (1) a predominance of natural and open space and the physical attributes of forests, woodlands, wetlands, conservation land, parks or outdoor recreational land; (2) tombstones and cemetery structures; (3) school or library lands or structures.

8.5 (Intentionally Left Blank)

[FTM Art. 7, 11/7/2024]

8.6 Planned Residential Development District (PRD).

8.6.1.

Purpose.

In order to permit maximum flexibility in employing the latest techniques for developing land for multiple family dwelling units, tracts of land consisting of 20 acres or more within the RDA-20 district and 10 acres or more in the RDB-10 district may be rezoned by the Winchester Town Meeting for a Planned Residential District (PRD). To afford the Town of Winchester ample assurance that such developments will not tend to degrade the amenities of the neighborhoods in which they occur, or of the town as a whole, and to insure that objectionable congestion and density of traffic is not created, a Planned Residential Development (PRD) may only be constructed after rezoning and under a special permit granted by the Board of Appeals as hereinafter defined and limited.

8.6.2.

Procedure.

The owner or owners of a parcel of land which has been zoned for a Planned Residential District shall submit to the Board of Appeals an application for a special permit, together with plans and a filing fee in accordance with the provisions for Site Plan Review in Section 9.5 of this Bylaw and in accordance with the additional provisions of this Section 8.6.

8.6.3.

Planning Board Review.

The Planning Board shall review all Planned Residential Development applications submitted to it by the Board of Appeals. The Planning Board shall report its recommendations for approval or disapproval, together with reasons therefore and any additional requirements, to the Board of Appeals within 30 days of receipt of the application and plan. Reasonable requirements may be recommended to the Board of Appeals by the Planning Board for the protection of adjoining residential property.

The Planning Board shall recommend approval of the Planned Residential Development application and plan only if it finds the Planned Residential Development satisfies all of the standards set forth below.

8.6.4.

Standards; Uses.

The permitted uses in the Planned Residential Development (PRD) may include single-family homes, garden apartments and town houses, of three stories (40 feet) or less, open space, private recreational facilities for the exclusive use of the occupants of the Planned Residential Development (PRD) and their guests, and related off-street parking and landscaping.

8.6.5.

General Standards.

The Planned Residential Development (PRD) shall provide for an effective and unified treatment of the development possibilities on the project site making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas. The Planned Residential Development (PRD) shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.

More than one building is permitted on tracts of lots held by one owner or in common ownership.

The uniqueness of each proposal for a Planned Residential Development (PRD) requires that the specifications for the width and surfaces of streets, ways for public utilities, for curbs gutters, sidewalks, street lights, storm water drainage, water supply and distribution, sanitary sewers and sewage collection and treatment shall be subject to modification from the specifications established in the Rules and Regulations Governing the Subdivision of Land in the Town of Winchester, Massachusetts and as amended from time to time. The Planning Board may recommend that the specifications otherwise applicable for a particular public facility may be waived or modified (provided that such modification shall not apply to the material of said construction and shall not produce construction of inferior quality to that required in the Rules and Regulations Governing Subdivision) when such waiver or modification is not inconsistent with generally approved design standards.

The Planning Board shall recommend the installation or the furnishing of a performance guarantee in lieu thereof, of all or any of the following improvements it may deem to be necessary or appropriate: street grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, landscaping, surveyor’s monuments, water mains, culverts, bridges, storm sewers, sanitary sewers or other means of sewage disposal, drainage facilities or structures and other improvements as the Planning Board may require or deem necessary in the public interest.

The Planning Board may recommend phases for the completion of improvements in sections of the Planned Residential Development (PRD) and recommend minimum improvement completion requirements necessary for the issuance of Certificates of Zoning Compliance in any section.

8.6.6.

Design Standards.

All buildings in the layout and design shall be in integral part of the development and have convenient access to and from adjacent uses and roadways.

Except to the extent regulated by the provisions of the state building code, individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development.

Buildings shall be separated by a minimum of 20 feet or 0.75 percent of the building height times its length whichever is greater.

Treatment of the sides and rear of all buildings within the Planned Residential Development shall be comparable in amenities and appearance to the treatment given to street frontages of these same buildings.

All buildings walls shall be so oriented as to insure adequate light and air exposures to the rooms within.

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible, and shall be oriented so as to preserve visual and audible privacy between adjacent buildings.

All buildings shall be arranged as to be accessible to emergency vehicles.

All utilities shall be placed underground.

8.6.7.

Landscape Design Standards.

Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

Primary landscape treatment shall consist of shrubs, ground cover and trees, and shall be combined with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to the local growing conditions.

Whenever appropriate, existing trees shall be preserved and integrated into the landscape design plan.

All streets contained within and bordering the project area shall be planted at appropriate intervals with street trees. Cul-de-sacs shall have landscaped islands.

Whenever possible the existing terrain shall be preserved and land moving shall be kept to a minimum.

8.6.8.

Circulation System Design Standards.

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, driveways, roadways, offstreet parking and loading spaces.

Roads, pedestrian walks, and open space shall be designed as an integral part of the overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped.

There shall be an adequate amount, in a suitable location, of pedestrian walks, malls, and landscaped spaces in order to discourage pedestrian use of vehicular ways and parking and loading spaces; and to separate pedestrian walks, malls and public transportation loading spaces from general vehicular circulation facilities.

Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

The location and design of pedestrian walks should emphasize desirable views of new and existing development in the area.

The maximum separation of private automobiles and service vehicles shall be provided through the use of separate service lanes.

Materials and design of paving, lighting fixtures, retaining walls, bulkheads, fences, curbs, benches, etc., shall be of good appearance easily maintained and indicative of their function.

8.6.9.

Parking and Loading Design Standards.

Off-street parking and loading facilities shall conform to the provisions of Section 5.1 and 5.2 of this Bylaw.

Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and the monotony of parked vehicles.

Pedestrian connection between parking areas and buildings shall be via special pedestrian walkways and/or elevators.

Parking facilities shall be designed with careful regard to arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

Any above grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

8.6.10.

Common Open Space.

A minimum of 25 percent of a Planned Residential Development (PRD) site area shall be developed as open space, including walkways, plazas, landscaped areas, recreation areas, tennis courts, pools and fountains. Parking areas and vehicle access facilities shall not be considered in calculating open space.

A maximum of 40 percent of the Planned Residential Development (PRD) site area shall be covered by impervious waterproof surface.

Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements in the common open space must be appropriate to the uses which are authorized for the common open space.

The development schedule must coordinate the improvement of the common open space and the construction of residential dwellings.

All land shown on that site plan as common open space shall be subject to covenants approved by the Board of Appeals, which covenants shall include, without limitation, restrictions prohibiting (a) the use of the common open space for uses other than those specified on the site plan and (b) the development of the common open space for residential use or accessory uses such as parking or roads, such portion to be kept in an open or natural state. The restrictions contained in subsection (c) shall be enforceable by and be for the sole benefit of the Town of Winchester and may be modified or released by Town Meeting. Further, in addition to requiring the imposition of such covenants, title to the common open space shall be conveyed either to a nonprofit organization, the principal purpose of which is the conservation of open space or to a corporation or trust owned or to be owned by the owners of the lots within the Planned Residential Development, provided the interest of the individual lot owner in such corporation or trust is appurtenant to the owner’s interest in the lot and passes with title to the individual lot. In lieu of a conveyance to such a nonprofit organization or such a corporation or trust, title to the common open space may be conveyed to the Town of Winchester, provided the Board of Appeals recommends the acceptance of such conveyance and the same is accepted by Town Meeting, in which event the restrictions otherwise mandated by this section shall not be applicable.

8.6.11.

Buffer Zone Standards.

A buffer zone within 50 feet of all external lot lines of a designated Planned Residential Development shall be provided except that portion which fronts upon an existing external street or roadway. Said buffer zone shall be kept in its natural state where wooded, and, when its natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as recommended by the Planning Board.

Within said buffer zone, no principal or accessory structure, nor any off-street parking or loading areas or other use shall be permitted. Within said buffer zone, utility easements and streets may be provided if necessary to insure continuity with adjoining properties, subject to the recommendations of the Planning Board.

Said buffer zone area may be utilized for the purpose of computing the planned residential development open space requirements of this Section.

The requirements of this paragraph may be modified or eliminated where two planned residential unit developments abut or adjoin one another.

8.6.12.

Setbacks.

A minimum setback from all external lot lines of a Planned Residential Development from all existing streets and thoroughfares for all buildings, structures and uses of no less than 75 feet or a distance equal to twice the height of any structure or building within the development, whichever is greater, shall be provided.

8.6.13.

Setbacks.

The minimum lot frontage of a Planned Residential Development (PRD) shall be 200 feet. The minimum lot width shall be 200 feet.

8.7 Attached Residential Cluster Development Overlay District (ARCDOD).

8.7.1.

Purpose.

The intent of this Attached Residential Cluster Development Overlay District (ARCDOD) is:

To promote more sensitive siting of buildings and better overall site planning by offering an alternative to standard subdivision development that protects and enhances the value of real property;

To encourage the preservation of open land for its scenic beauty and environmental benefits, and to enhance agricultural, open space, forestry, and recreational use;

To protect the natural environment, including the Town’s wetlands and water resources;

To preserve historical and archeological resources, and to perpetuate, where deemed appropriate, the appearance of the Town’s traditional New England landscape;

To control flooding and drainage and promote good stormwater management practices;

To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner; and

To provide affordable housing opportunities for low-and moderate-income households.

8.7.2.

Definitions.

See Section 10.0 – “Attached Residential Cluster Development Overlay District.”

8.7.3.

Overlay District.

The ARCDOD is herein established and shall be construed as an overlay district. Within the ARCDOD, the requirements of the underlying zoning district(s) shall remain in full force and effect, except where the requirements herein are more restrictive or provide for uses or structures not otherwise available in the underlying district; in such cases, the requirements herein shall supersede the underlying zoning regulations. The application of the ARCDOD to the Zoning Map shall not restrict the uses allowed by right or special permit in the underlying zones. Properties designated within the ARCDOD may apply for an Attached Residential Cluster Development Comprehensive Plan approval and a Special Permit consistent with Section 8.7.4 of this Bylaw. No property shall be designated as within the ARCDOD unless such property has an area of at least ten acres located entirely within the Town of Winchester.

In the event that no application for a special permit is submitted to the Zoning Board of Appeals within three (3) years following the date of designation of any such property in the ARCDOD, the provisions of the ARCDOD shall expire and the provisions of the underlying zoning shall exclusively govern such property.

8.7.4.

Procedures.

An Attached Residential Cluster Development (ARCD) shall be developed in the ARCDOD in accordance with the following procedures:

Step 1. Obtain Approval of the Attached Residential Cluster Development Comprehensive Plan from the Planning Board

The Attached Residential Cluster Development (ARCD) shall be developed in accordance with an Attached Residential Cluster Development Comprehensive Plan, approved by the Planning Board. Twenty (20) copies of such proposed Attached Residential Cluster Development Comprehensive Plan shall be submitted to the Planning Board. The Planning Board shall have 90 days to conduct its review and approve the Attached Residential Cluster Development Comprehensive Plan. A positive majority vote of the Planning Board shall constitute approval of an Attached Residential Cluster Development Comprehensive Plan. Failure to act within such ninety-day period shall be deemed to constitute a lack of opposition thereto. The time for Planning Board action may be extended at the written request of the Applicant prior to the expiration of the review period. In making its determination, the Planning Board shall be guided by the purposes set forth in Section 8.7.1, above, the submission requirements set forth below, and the criteria for the issuance of special permits set forth in Section 9.4.

Attached Residential Cluster Development Comprehensive Plan Submission Requirements. The following documents and plans shall be submitted to the Planning Board for review and approval, unless waived by the Planning Board:

Comprehensive Plan Narrative.

Summarizing the purposes and intents of the project, the planned uses, and the development phasing strategy.

Existing Conditions Plan.

Stamped by a registered land surveyor who is licensed in the state of Massachusetts, showing the site and including the location of surveyed property line boundaries and property ownership, division of the land into lots, easements, curb cut locations, utility information, delineated wetlands boundaries as approved by the Conservation Commission, topography at two-foot contour intervals, 100-year flood plain contour, River Protection Act and Wetlands Act buffer zone boundaries, existing plant vegetation, and footprints of existing buildings, structures and paved or otherwise previously developed areas. The scale shall be 1 inch = 40 feet. In addition, unless waived by the Planning Board after consultation with the Town Engineer, this Plan shall show surrounding context within at least 400 feet of the site including property line boundaries, property ownership, and topography at two-foot contour intervals. (The maximum scale for which shall be 1 inch = 100 feet.)

Site Development Plan.

Stamped by a registered professional engineer licensed in the Commonwealth of Massachusetts, illustrating proposed buildings, parking facilities, roadways, driveways, easements, bikeways, walkways, sidewalks, access ways, required setbacks, site grading at two-foot contour intervals, finished floor elevations, parking, landscaping, open space areas and calculations, off-site improvements, delineated wetland boundaries, and Riverfront Protection Act and Wetlands Protection Act buffer zones. The maximum scale shall be 1 inch = 40 feet.

Building Development Program.

Describing the buildings and their square footage by use and by phase.

Preliminary Visual Plans.

Providing illustrations of –

Conceptual Ground Floor Architectural Plan for major buildings and parking facilities. (Scale: 1/8 inch = 1 feet.);

Preliminary Building Elevations for major buildings and parking structure/s (Scale: 1/8 inch = 1 feet.);

Three-Dimensional Bird’s-Eye View(s) showing approximate massing, bulk, and height of buildings, including surrounding context; and

Eye-Level Perspective View(s) showing site and buildings as seen from major public vantage points such as adjacent major public streets and abutting neighborhoods.

Preliminary Landscaping Plan.

Consistent with Section 8.7.5.8 herein.

Preliminary Traffic, Circulation, and Parking Plan.

Describing anticipated traffic demand and flows generated and attracted by the project, outlining traffic safety and management issues and proposed solutions, and showing the proposed locations and alignments of drives, drop-offs, curb cuts, parking, signage, pedestrian paths and sidewalks, bike paths, and easements for public access.

Preliminary Open Space, Conservation Lands, and Natural Resources Plan.

Showing the location of open space, conservation lands, and natural resources and describing plans to add, change, or preserve open space, conservation lands, and natural resources.

Preliminary Historic Conservation and Preservation Plan.

Showing the location of existing historic properties and resources and describing plans to tear down, move, modify, repair, maintain, or reuse historic properties and resources.

Preliminary Utilities Plan.

Showing the location of proposed utilities and describing their capacity to meet or exceed applicable standards. The maximum scale shall be 1 inch = 40 feet.

Preliminary Storm Water Management Plan.

Showing anticipated drainage patterns and storm water management facilities and describing their capacity to meet or exceed applicable standards. The maximum scale shall be 1 inch = 40 feet.

Preliminary Assessment of Community Benefits and Costs.

Describing anticipated tax revenues or payments in lieu of taxes, anticipated number of school-age children, an affordable housing plan, if applicable, and specialized services provided to the Town or required of the Town.

Step 2: Obtain Special Permit from the Zoning Board of Appeals (ZBA)

An ARCD shall require the grant of a Special Permit by the Zoning Board of Appeals (ZBA). Such Special Permit shall be in compliance with the provisions of this section. No Special Permit shall be granted by the ZBA unless in substantial conformance with said Attached Residential Cluster Development Comprehensive Plan as previously approved by the Planning Board. The ZBA shall also consider the recommendations of the Design Review Committee, Conservation Commission, Historic Commission, Housing Partnership Board, Town Engineer, Department of Public Works, Board of Health, Fire Chief and Police Chief.

Step 3: Subsequent Changes/Amendments

If the Applicant wishes to modify the record plans approved as a condition of any special permit, it shall submit proposed modifications in accordance with the provisions of this paragraph. Where such modification is deemed substantial, the same standards and procedures applicable to an original application for an Attached Residential Cluster Development Comprehensive Plan and a special permit shall apply to such modification and a public hearing shall be required by the ZBA; provided, however, that the ZBA, in consultation with the appropriate departments and Boards, may determine that a proposed modification is insubstantial and approve the same without a public hearing. In making such determination, the following shall be presumed to constitute substantial modifications:

Changes in the location of buildings, roadways, parking areas, drainage and stormwater management facilities, and other accessory structures that decrease the building setbacks from adjoining residential areas indicated in the record documents;

Changes that result in a net reduction of open space or net increase in lot coverage indicated in the record documents;

Changes to the buildings or grading that increase a building’s height beyond that shown on the record documents; and

Changes to the architectural character of the buildings shown in the record documents, including approved exterior building materials.

Authorization to modify the Record Plans shall be obtained prior to any substantial modification in the field. If required, the applicant is responsible for obtaining independent approval from the Conservation Commission of any modifications to the approved plans.

8.7.5.

Special Permit; Minimum Requirements.

No special permit shall be granted for an ARCD unless the project conforms to all of the following requirements:

The subject property shall contain at least ten (10) contiguous acres and be located entirely within the Town of Winchester.

The ARCD may propose a subdivision or a division of land pursuant to Subdivision Control Act; provided, however, that an ARCD may also be permitted where intended as a condominium on land not so subdivided. The submittals and permits of this Section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. All subdivision of land must, however, be approved by the Planning Board outside of the Special Permit/Site Plan Review process as a preliminary/definitive subdivision or as a plan where Approval is Not Required (ANR).

The permitted uses in the ARCDOD may include attached or detached residential homes, open space, private recreation facilities for the exclusive use of the occupants and their guests and related off-street parking and parking garages.

Not more than four (4) dwelling units shall be contained in any single building; provided, however, that not more than 12 dwelling units may be contained in any single building where the attached residential cluster development is subject to an age restriction consistent with the Fair Housing Act, 42 USC Section 3607(b), as amended, the regulations promulgated thereunder, 24 CFR Subtitle b, Chapter 1, Section 100.300 et seq., and G.L. Chapter 151b, Section 4. Such age restriction shall be approved as to form by Town Counsel.

Design Standards.

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and roadways. Except to the extent regulated by the provisions of the state building code, individual buildings shall be related to each other in design, mass, materials, placement and connections to provide a visually and physically integrated development. The following design standards may be waived by the ZBA where strict compliance would be deemed to conflict with the purposes of this Bylaw as set forth in Section 8.7.1 above:

Treatment of the sides and rear of all buildings shall be comparable in amenities and appearance to the treatment given to street frontages of these same buildings.

All buildings shall be sited as to insure adequate light and air exposures to the rooms within.

All buildings shall be accessible to emergency vehicles.

All utilities shall be placed underground.

The proposed development shall ensure safe interior circulation within its site by accommodating and separating pedestrian, bike ways, and vehicular traffic and ensure safe access to all users of the buildings.

Pedestrian and bicycle circulation, and the amenities required thereof, on and off site, shall be in accordance with the following requirements: (a) All development and redevelopment shall provide for pedestrian and bicyclist connections on the property, and allow for possible future connections with adjoining properties, where deemed appropriate by the Planning Board; (b) Pedestrian access shall connect to all building entrances with further connections to local pedestrian arteries; (c) Sidewalks, crosswalks, walkways, bikeways or other pedestrian access shall be provided to allow connections to existing crosswalks, walkways, and bikeways.

New construction should contribute to the existing streetscapes, by facing the main roadway or by facing an open greensward that opens onto the existing street.

Internal roadways intended for dedication to the Town shall comply with the standards set forth in Regulations. Internal roadways not intended for such dedication shall comply with applicable guidelines of AASHTO, unless waived by the ZBA after consultation with the Town Engineer.

Roadway Design Standards.

Adequate access shall be provided to all buildings for fire, police and emergency vehicles. The ZBA shall submit the plan of the proposed ARCD to the Chief of Police and the Fire Chief for their recommendations.

Landscape Design Standards.

Landscape treatment for roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

Whenever appropriate, existing trees shall be preserved and integrated into the landscape design plan.

All streets contained within and bordering the project area shall be planted at appropriate intervals with street trees.

Whenever possible the existing terrain shall be preserved and land moving shall be kept to a minimum.

Parking and Loading Design Standards.

Off-street parking and loading facilities shall conform to the provisions of Section 5.1 and 5.2 of this Bylaw for single-family dwellings. The use of pervious stone or block treatment for the construction of parking facilities shall be permitted and shall not qualify as impervious surface areas.

10.

Affordable Housing.

Affordable housing shall be provided, consistent with the definition of affordable housing under state and federal statute and regulations.

8.7.6.

Dimensional Requirements.

Minimum Lot Frontage: Twenty (20) feet.

Minimum Distance Between Structures: Fifteen (15) feet.

Maximum Building Height: Three (3) stories or thirty-six (36) feet; provided, however, that no building located within 40 feet of any property line not abutting the right of way of a public way shall exceed 32 feet in height.

Maximum Density: One dwelling unit per 7,500 square feet.

Impervious Surface Coverage (roofs and asphalt): Not more than 40 percent of the overlay district.

Setback from Wetlands Resource Areas: No disturbance of any kind within 20 feet, unless waived by the ZBA. Any disturbance within 20 feet of a resource area may require a permit from the Conservation Commission.

8.7.7.

Open Space.

A minimum of 40 percent of the development site shall be developed or preserved as open space. Not more than 50 percent of the required open space shall be wetlands resource area, as defined by G.L. c. 131. Such open space shall be, in the opinion of the ZBA, usable for recreational or other purposes. Open Space may include unpaved walkways, landscaped areas, recreational areas, wetlands, buffer zones (as further defined), and related structures, as may be determined by the ZBA.

Paved surfaces, such as parking areas and vehicular access facilities, and structures, such as pools, tennis courts or fountains, shall not be considered in calculating open space.

As a component of the Open Space, the Applicant may designate a Preservation Area, which may consist of agricultural land, forestry land, wildlife habitat, other natural resources including aquifers, water bodies and wetlands which are worthy of preservation. Upon the mutual agreement of the Applicant and the ZBA, the Preservation Area may be preserved by:

Conveyance to the Town or its Conservation Commission with the approval of the Conservation Commission if land is to be conveyed to the Town for conservation purposes.

Conveyance to a nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above.

Conveyance to a corporation or trust owned jointly or in common by the owners of lots within the ARCD. If such conveyance is used, the open space shall be defined in any special permit, indicating the exact area to be preserved as open space and the uses that may be conducted thereupon, or such open space shall be subject to a preservation or conservation restriction pursuant to statute. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the Town to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the town an easement for this purpose. In such event, the town shall first provide 14 days written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the town may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the ZBA for approval, and shall thereafter be recorded.

8.7.8.

Buffer Zone Requirements.

The project design shall include a 20 foot buffer zone from all external lot lines. Where the ZBA deems appropriate, such buffer zone shall be kept in its natural state where evergreen or year round screening exists, but no structure may be erected therein. Furthermore, where natural vegetation is sparse or nonexistent, the developer may propose to provide evergreen or year-round visual screening or appropriate decorative fencing. Within said buffer zone surface parking areas, decks and/or ground level patios may be constructed but no principal structure shall be permitted.

Additionally, within said buffer zone, utility easements, roadways and surface parking areas may be provided, if necessary, to ensure continuity with the site design.

8.7.9.

Signage.

Signs in the ARCDOD shall comply with the Town’s Sign Bylaw, Chapter 9 of the Winchester Code of Bylaws, as it applies to residential districts. Notwithstanding such provisions, one (1) two-sided monument sign not to exceed 12 square feet in area on each side shall also be permitted for identification purposes.

8.8 Health Services Overlay District (HSOD).

8.8.1.

Purpose.

The intent of the Health Services Overlay District (HSOD) is:

To promote the development of a Medical Center in a Health Services Facility, both as defined herein;

To promote, in conjunction with such Health Services Facility, the creation of compatible Ancillary Medical Center Uses, as defined herein;

To promote the design of the Health Services Facility with architectural features compatible with public buildings in the Town and in locations and with design features intended to mitigate the impacts of the Health Services Facility on adjacent residential properties;

To promote the development of a Health Services Facility that minimizes impacts on the environment, traffic and pedestrian safety, light and noise intrusion, and neighborhood character;

To promote the generation of additional jobs, business revenues and revenues to the Town of Winchester;

To promote the redevelopment of land adjacent to significant natural features in a manner compatible with such features so as to encourage pedestrian and bicycle access as an integral part of such use; and

To mitigate the impact of the Health Services Facility on the flood control capacity of land within the HSOD, adjacent and downstream properties, and adjacent and downstream public roadways.

8.8.2.

Definitions.

See Section 10.0 - “Health Services Overlay District.”.

8.8.3.

Overlay District.

The HSOD is established as an overlay district. Where the HSOD authorizes uses not allowed in the underlying zoning district or establishes different standards or procedures from those otherwise set forth in this Zoning Bylaw, the provisions of the HSOD shall control, provided however in the absence of an application under this Bylaw, the schedule of uses in the underlying district shall remain unchanged. Following the issuance of any special permit for development in the HSOD and the commencement of construction, the HSOD shall be subject to the requirements of this Section 8.8 and the uses permitted in the underlying zoning district, except to the extent permitted in the HSOD, will no longer be permitted.

8.8.4.

Procedures.

The development of a Health Services Facility shall be authorized only in conformance with the following procedures:

Step 1: Obtain Approval of the Health Services Facility Area Comprehensive Plan from the Planning Board

The Health Services Facility shall be developed in accordance with a Health Services Facility Area Comprehensive Plan, (hereinafter “Comprehensive Plan”) approved by the Planning Board. The Planning Board shall conduct a public hearing in accordance with the procedures set forth in G.L. c. 40A, ss. 9 and 11. The Health Services Facility Area Comprehensive Plan shall show the proposed buildout of the entire Health Services Facility. Twenty (20) copies of such proposed Health Services Facility Area Comprehensive Plan shall be submitted to the Planning Board.

The Planning Board shall have 90 days to conduct its review and approve the Health Services Facility Area Comprehensive Plan. An affirmative majority vote of the Planning Board shall constitute approval of a Health Services Facility Area Comprehensive Plan. Failure to act within such ninety-day period shall be deemed to constitute a lack of opposition thereto. The time for Planning Board action may be extended at the written request of the Applicant prior to the expiration of the review period. In making its determination, the Planning Board shall be guided by the purposes set forth in Section 8.8.1, above, and shall ensure that the design of the proposed Health Services Facility is generally consistent with the standards of Section 8.8.5 to 8.8.12 of this Bylaw.

The following documents and plans shall be submitted to the Planning Board for review and approval. Such documents and plans shall be preliminary in nature but shall be sufficient to enable the Planning Board to make the determination required above.

Health Services Facility Area Comprehensive Plan Narrative summarizing the purposes and intents of the project, the planned uses, and the development phasing strategy.
Existing Conditions Plan, stamped by a registered land surveyor who is licensed in the Commonwealth of Massachusetts, showing the site and including the location of surveyed property line boundaries and property ownership, division of the land into lots, easements, curb cut locations, utility information, delineated wetlands boundaries as approved by the Conservation Commission, topography at two-foot contour intervals, 100-year floodplain contour, River Protection Act and Wetlands Protection Act buffer zone boundaries, general location of vegetated areas, and footprints of existing buildings, structures and paved or otherwise previously developed areas. The scale shall be 1 inch = 40 feet. The Applicant shall also show, by means acceptable to the Planning Board, surrounding context within at least 400 feet of the site including property line boundaries, property ownership, footprints of existing buildings, and topography at two-foot contour intervals.
Site Development Plan illustrating proposed buildings, parking facilities, roadways, driveways, easements, bikeways, walkways, sidewalks, access ways, required setbacks, site grading at two-foot contour intervals, finished floor elevations, parking, landscaping, open space areas and calculations, off-site improvements, delineated wetland boundaries, and land subject to the Riverfront Protection Act and Wetlands Protection Act. The scale shall be 1 inch = 40 feet.
Building Development Program describing the buildings and their square footage by total Medical Center Use and total Ancillary Medical Center Use, the phasing of such uses, and the parking facilities and parking space counts devoted to such uses.
Phasing Plan identifying the general scope and location of the individual phases to be developed within the HSOD.
Visual Plans providing illustrations of:
•	Conceptual Ground Floor Architectural Plan for major buildings and parking facilities. (Scale: 1/8 inch = 1 foot);
•	Building Elevations for major buildings and parking structure(s) (Scale: 1/8 inch = 1 foot);
•	Three-Dimensional Bird’s-Eye View(s) showing approximate massing, bulk, and height of buildings, including surrounding context; and
•	Eye-Level Perspective View(s) showing site and buildings as seen from major public vantage points such as adjacent major public streets and abutting neighborhoods.
Traffic, Circulation, Parking, and Transportation Demand Management Plan describing (1) anticipated traffic demand and flows generated and attracted by the project; proposed locations and alignments of drives, drop-offs, curb cuts, parking, signage, pedestrian paths, sidewalks, bike paths, and easements for public access; (2) identifying impacted intersections, existing and projected levels of service and a summary of proposed mitigation, including off-site improvements; and (3) a Transportation Demand Management Plan including parking management policy, car and/or van pool programs, staffing shifts and flex hours, shuttle bus program, pedestrian access between Winchester Hospital and the HSOD, and bikeway access and bike parking provisions.
Open Space, Conservation Lands, and Natural Resources Plan showing the location of open space, conservation lands, and natural resources and describing plans to add, change,or preserve open space, conservation lands, and natural resources.
Historic Conservation and Preservation Plan showing the location of existing historic properties and resources and describing plans to tear down, move, modify, repair, maintain, or reuse historic properties and resources.
Utilities Plan showing the location of proposed utilities and describing their capacity to meet or exceed applicable standards. The maximum scale shall be 1 inch = 40 feet.
Stormwater Management and Flood Mitigation Plan showing anticipated drainage patterns; storm water management facilities; flood mitigation measures; and a description of the plan’s ability to meet or exceed applicable standards, including a calculation of required and proposed compensatory flood storage. The maximum scale shall be 1 inch = 40 feet.
Landscaping Plan consistent with Section 8.8.10, herein.
Assessment of Community Benefits and Costs. For the original Health Services Facility Area Comprehensive Plan review, the Development Agreement, if any, shall be evidence of such benefits and costs. For any subsequent application for Health Services Facility Area Comprehensive Plan approval after the issuance of the first Special Permit for a Health Services Facility, the Applicant shall describe anticipated tax revenues or payments in lieu of taxes, fees, costs, and specialized services provided to the Town or required of the Town.

Step 2: Obtain Special Permit and Site Plan Approval from the Zoning Board of Appeals (ZBA)

The development of a Health Services Facility shall require the grant of a special permit by the Zoning Board of Appeals (ZBA); however, one or more phases of the Health Services Facility may be authorized by separate special permits. An application shall be submitted to the ZBA in accordance with its rules and regulations governing special permits. No special permit for a Health Services Facility or any phase thereof shall be granted by the ZBA unless in substantial conformance with the Health Services Facility Comprehensive Plan as previously approved by the Planning Board. The ZBA shall also consider the recommendations of the Design Review Committee, Conservation Commission, Historic Commission, Housing Partnership Board, Town Engineer, Department of Public Works, Board of Health, Fire Chief and Police Chief. Where the special permit authorizes only one phase of the Health Services Facility, only the phase authorized under such a special permit may be constructed.

If the Zoning Board of Appeals determines that an application for any phase of the Health Services Facility is not in substantial conformance with the Health Services Facility Area Comprehensive Plan as previously approved by the Planning Board, the Applicant may request the Planning Board to amend the Health Services Facility Area Comprehensive Plan. In no event shall the Zoning Board of Appeals grant a special permit for a Health Services Facility or any phase thereof until and unless the application is in substantial conformance with the Health Services Facility Area Comprehensive Plan.

The development of a Health Services Facility shall require site plan approval from the Zoning Board of Appeals. The Zoning Board of Appeals shall conduct a site plan review under Section 9.5 simultaneously with its review of an application for a special permit.

Once a special permit authorizes a Health Services Facility or any phase thereof, Medical Center services and Ancillary Medical Center Uses may be relocated within the authorized Facility or phase thereof without modification of the special permit, provided that the gross floor area of Ancillary Medical Center Uses (excluding parking structures) shall not exceed 25 percent of the gross floor area of the Health Services Facility or phase thereof, and that Ancillary Medical Center Uses shall comply with the provisions of Subsection 8.8.6, regarding location.

Step 3: Subsequent Changes/Amendments

Proposed modifications to the plans which were approved by the Zoning Board of Appeals as a condition of any special permit shall be submitted to the ZBA in accordance with the provisions of this paragraph. If there is any inconsistency between the plans for the special permit and plans as may be approved by the Conservation Commission or the DEP, the Applicant shall submit an amended plan to the Zoning Board of Appeals and to the Conservation Commission and to DEP (if applicable) for approval in order that all approvals are consistent with one another. Where such modification is deemed substantial by the ZBA, the same standards and procedures applicable to an original application for a Health Services Facility Area Comprehensive Plan and a special permit shall apply to such modification and a public hearing shall be required by the Zoning Board of Appeals; provided, however, that the Zoning Board of Appeals, in consultation with the appropriate departments and Boards, may determine that a proposed modification is insubstantial and approve the same without a public hearing. In making such determination, the following changes shall be deemed, without limitation, to constitute substantial modifications:

Changes in the location of buildings, roadways, parking areas, drainage and storm water management facilities, and other accessory structures that decrease the building setbacks from adjoining properties or public ways;

Changes that result in a net reduction of open space or net increase in lot coverage;

Changes to the buildings or grading that increase a building’s height;

Substantial changes to the architectural character of the building;

Changes in the maximum amount of development and parking indicated in the Building Development Program;

Substantial changes to the public access to Ancillary Medical Center Uses on the ground floor of buildings;

Changes to the building size or location, site grading, or other site features that may result in a modification to proposed flood mitigation measures or the compensatory flood storage requirements; and

Changes in any aspect of either vehicular access or any traffic mitigation required as a condition of the special permit or in the site plan review.

ZBA authorization to modify the previously approved plans shall be obtained prior to any substantial modification in the field. To the extent required under applicable law, the applicant shall be responsible for obtaining independent approval from the Conservation Commission of any modifications to the approved plans.

8.8.5.

Dimensional Requirements.

The maximum development size, dimensions, appearance, and locations of all aspects of the Health Services Facility within the HSOD shall be governed exclusively by the provisions of this Section 8.8.5.

Maximum Development Size.

The maximum aggregate development size of the Health Services Facility shall not exceed 240,000 gross square feet, exclusive of structured parking facilities.

Height.

No building shall exceed 80 feet in height nor more than five (5) stories. No parking structure(s) shall exceed 75 feet in height.

No building or parking structure within 75 feet of the Washington Street property line shall exceed 65 feet in height and in the case of a building, no more than four (4) stories. No portion of a building or parking structure within 35 feet of the Washington Street property line shall exceed 35 feet in height and in the case of a building, no more than two (2) stories.

For purposes of the application of these standards, the height of buildings shall be defined in accordance with the definition in Section 10.0 of the Zoning Bylaw, except that roof embellishments and tower elements (including parapets or screens intended to shield mechanical units, shafts and vents) shall be excluded in the computation of the height and number of stories of a building. Roof embellishments, tower elements, parapets, and mechanical screens shall not exceed ten (10) feet in height beyond the maximum heights stated above.

All measurements of height shall be from existing grades as shown on a plan entitled, “Existing Conditions – 620 Washington Street, Winchester, MA”. Scale 1 inch = 80 feet. Dated April 27, 2007. Prepared for the Winchester Hospital. Prepared by Allen & Major Associates, Inc.

Lot Frontage.

Minimum of twenty (20) feet.

Front Yard Setback.

All buildings or parking structures must be set back a minimum of 20 feet from the Washington Street property line. No parking shall be allowed within the front yard setback.

Open Space.

A minimum of 48 percent of the land shown within the Health Services Facility Area Comprehensive Plan shall be open space. Open space need not be located on contiguous parcels.

Impervious Area.

A maximum of 42 percent of the land shown within the Health Services Facility Area Comprehensive Plan shall be impervious area. The calculation of Impervious Area need not be based on land contained in contiguous parcels.

8.8.6.

Location of Structures and Features.

Within the HSOD, more than a single building may be located on a lot. Accessory buildings may be attached to the principal buildings to which they are accessory, but need not be located on the same lot as the structures they serve.

Location of Ground Floor Ancillary Medical Center Uses.

Ancillary Medical Center Uses shall be located on the ground floor of any building or buildings immediately adjacent to the Washington Street frontage. A minimum of fifty (50) percent of the length of the ground-floor frontage of any building immediately adjoining Washington Street shall be devoted to such Ancillary Medical Center Uses. Ancillary Medical Center Uses adjoining Washington Street shall each have at least one entry door accessible from the exterior.

Any cafeteria, lunchroom or restaurant shall be located on the ground floor of a building directly adjacent to or visible from either: (1) the Aberjona River and the proposed regional bikeway/greenway, and/or (2) Washington Street. Such cafeteria, lunchroom or restaurant shall be open to the general public.

8.8.7.

Parking and Loading.

Parking serving a building within the HSOD shall not be required to be located on the same lot as long as a cross-easement agreement, granting the owner of the building intended to be served by such parking, is recorded with the Middlesex County Registry of Deeds and evidence of such recording is provided to the Building Inspector prior to the issuance of certificate of occupancy for structure.

In the determination of the number of parking spaces required for buildings in the HSOD, in lieu of the Table of Off-Street Parking Space Requirements provided in Section 5.1 of the Zoning Bylaw, parking shall be provided at the ratio of one space per 250 square feet of gross building area. Portions of buildings devoted to parking shall be excluded from the computation of gross building area. A lesser parking ratio may be sought by the Applicant by means of implementing various Transportation Demand Management (TDM) techniques.

The dimensions of parking spaces within a parking structure shall be eight (8) feet nine (9) inches by seventeen (17) feet six (6) inches, except for larger dimensions as appropriate for handicapped spaces and van accessible spaces. The dimensions and layout of outdoor surface parking spaces shall be governed by Section 5.1 of the Zoning Bylaw.

Loading and service areas shall be located at the rear of buildings and shall be hidden or screened from public view along Washington Street, the Aberjona River edge of the development, and adjoining neighborhoods.

Except as expressly modified above, all the provisions of Sections 5.1.3, 5.1.6 to 5.1.9 inclusive, and 5.2 of the Zoning Bylaw shall be applicable. However, the Zoning Board of Appeals shall have the authority in granting any special permit under Section 8.8.4 to permit the design and layout of parking spaces and access aisles to deviate from the requirements said Sections.

8.8.8.

Architectural Design Standards.

Any building or structure shall have a façade composed vertically in three parts: base, middle, and top.

Above the second-story level of a building or structure immediately adjacent to the length of Washington Street, the upper floors shall be set back horizontally from the first and second floors below by a minimum of 15 feet.

Any portion of the front façade of a building immediately adjacent to either Washington Street or the Aberjona River shall not exceed 100 feet in horizontal length without an interruption in the continuity of that facade, or, incorporate other architectural features such as recesses, bays, or balconies that serve to break up the visual continuity of that building façade.

The storefront façade of ground floor Ancillary Medical Center Uses adjoining both Washington Street and/or the Aberjona River shall be at least 75 percent glazed.

Exterior cladding, roofing, and glazing materials shall preferably be of the following palette of materials: brick, stone, precast stone, simulated slate, architectural standing seam metal, and nonreflective glazing.

Screening of Rooftop Equipment and Satellite Dishes.

Rooftop mechanical units, shafts, and vents; and satellite dishes must be visually screened or hidden from view.

8.8.9.

Building and Site Signage.

Signage shall be governed by Section 9 of the Town of Winchester Code of Bylaws.

8.8.10.

Site Improvement and Landscaping Standards.

Any on-site storm water management facilities or other flood mitigation structures shall be landscaped, designed and integrally incorporated as a part of the natural landscape plan for the site.

Street trees shall be planted along the Washington Street edge of the site at 30 foot on-center intervals.

Wherever reasonably possible, existing trees shall be preserved and incorporated into the landscape design plan.

8.8.11.

Lighting Standards.

Outdoor lighting shall be governed by the lighting standards set forth in Section 5.4 of The Zoning Bylaw. Such Standards Shall Be Deemed Applicable To The HSOD.

Lighting within parking structure(s) shall not allow light overspill or glare onto adjacent properties. Within parking structure(s), mercury vapor, quartz lamps, and neon lights are prohibited light sources. The lighting standards of Sections 5.4.8 through 5.4.9 of the Zoning Bylaw shall be deemed applicable to lighting within parking structure(s), except however, the requirements of these standards shall not apply to light fixtures using an incandescent lamp or lamps of 150 watts or less or non incandescent lamps of 50 total watts or less.

8.8.12.

Relation to Other Requirements.

The Health Services Facility may propose a subdivision or a division of land pursuant to Subdivision Control Act. The submittals and permits of this Section shall be in addition to any other requirements of the Subdivision Control Law or any other provisions of this Zoning Bylaw. All subdivision of land must, however, be approved by the Planning Board outside of the Special Permit or Site Plan Review process as a preliminary/definitive subdivision or as a plan where Approval is Not Required (ANR), or take any other action in relation thereto.

8.9 Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District (SOL-D).

8.9.1.

Purpose.

The purpose of this bylaw is to promote the creation of new large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations. The provisions set forth in this section shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.

8.9.2.

Applicability.

This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment.

8.9.3.

Definitions.

See Section 10.0 – Large-Scale Ground-Mounted Solar Photovoltaic Installation Overlay District.

8.9.4.

Overlay District.

The Large–Scale Ground-Mounted Solar Photovoltaic Installation Overlay District is established as an overlay district. Within the overlay district, the requirements of the underlying zoning district shall remain in full force and effect, except where the requirements herein are more restrictive and provide for uses or structures not otherwise available in the underlying district. In such cases, the requirements herein shall not supersede the underlying zoning requirements.

The application of this overlay district shall not restrict the uses allowed by right or special permit in the underlying zones.

8.9.5.

General Requirements for all Large-Scale Solar Power Installations Generation.

The following requirements are common to all solar photovoltaic installations:

Compliance with Laws, Ordinances and Regulations.

The construction and operation of all large-scale solar photovoltaic installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code, as amended.

Building Permit and Building Inspection.

No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit.

Fees.

The application for a building permit for a large-scale ground-mounted solar photovoltaic installation must be accompanied by the fee required for a building permit. A site plan review fee is required to be submitted with a site plan review application.

Site Plan Review.

Large-scale ground-mounted solar photovoltaic installations with 250 kW or larger of rated nameplate capacity shall undergo site plan review. Said review shall be as conducted and specified in Section 9.5 of this bylaw, except as herein specified by the Site Plan Review Authority prior to construction, installation or modification as provided in this section. In case of conflict between Sections 9.5 and 8.9 of this bylaw, Section 8.9 controls.

Site Plan Review Authority.

The Site Plan Review Authority for large-scale ground-mounted solar photovoltaic installations with 250-kW or larger of rated nameplate capacity shall be the Winchester Zoning Board of Appeals, hereinafter referred to as the Site Plan Review Authority.

8.9.6.

General Standards for Site Plan Review.

In the review of any site plan conducted under this Section, the Site Plan Review Authority shall determine that reasonably adequate provisions have been made by the applicant for the following:

Traffic circulation and access.

Pedestrian safety and access.

Emergency vehicle access.

Storm water drainage based upon a professional engineering report, utilizing onsite infiltration.

Flood control mitigation based upon a professional engineering report.

Screening, including the use of natural land features, plantings and erosion control.

Protection and preservation of existing natural features, historic structures and vistas.

Signage and exterior lighting.

Visual impact of parking, storage and other outside service areas.

10.

Consistency with character and scale of surrounding buildings.

8.9.7.

Submission Procedure.

Application.

Anyone seeking approval of a site plan shall obtain an application, fee schedule and checklist from the Site Plan Review Authority office. Prior to submitting the application, the owner of the subject property, or his or her agent, is encouraged to meet informally with the town staff (Town Engineer, Town Planner and, as applicable, other departments) to review the application and checklist. The Site Plan Review Authority may provide a set of guidelines to assist the applicant in meeting the site plan, architectural and landscaping objectives, as applicable.

The applicant shall submit a completed application and fee to the Site Plan Review Authority, a copy of which application shall forthwith be filed by the applicant with the Town Clerk. Within five (5) business days of receipt by the Site Plan Review Authority or its designee, the Site Plan Review Authority shall distribute copies of the completed application and accompanying documentation to all appropriate Town Boards, Departments And Commissions, including the Board of Health and the Conservation Commission. Any comment by such Boards, Departments or Commissions shall be filed with the Site Plan Review Authority within twenty (20) days of its receipt.

Public Hearing.

The Site Plan Review Authority shall hold a public hearing on the application within thirty (30) days of its receipt. Notice of the hearing shall be given by publication in a newspaper of general circulation in the Town once in each of two consecutive weeks, the first publication to be not less than fourteen (14) days before the date of hearing, and by posting such notice in a conspicuous location in the Town Hall for a period of not less than fourteen (14) days before the day of the hearing. In addition, notice of said hearing shall be sent by mail, postage prepaid, to all parties in interest as specified in MGL, Chapter 40A, Section 11. All costs for publication and notice of the public hearing shall be borne by the applicant.

Decision.

Within one-hundred-twenty (120) days of the date of filing of the completed application with the Town Clerk, the Site Plan Review Authority shall approve or disapprove the site plan. The applicant and the Site Plan Review Authority may mutually agree upon an extension of time to render a decision, as agreed to in writing, and recorded with the office of the Town Clerk. If the Site Plan Review Authority does not approve the site plan within this period, or a period extended up to three hundred and sixty-five (365) days from the date of filing of the completed application with the Town Clerk, the site plan shall be deemed approved. If the Site Plan Review Authority votes to disapprove where necessary to protect the public health, safety, or welfare as set forth in GL. C. 40A, s. 3, the applicant shall be notified in writing and the specific reasons for disapproval shall be stated within the decision.

Site Plan Approval shall be granted only upon determination by the Site Plan Review Authority that the plan meets the following standards. The Site Plan Review Authority may impose reasonable conditions at the expense of the applicant to implement these standards.

New building construction and other site alterations shall be designed, after considering the qualities of the specific location, the proposed land use, the design of the buildings, grading, egress points, and other aspects of the development, so as to:

Maximize pedestrian and vehicular safety both on the site including ingress and egress;

Provide adequate access to each structure for fire and emergency service equipment;

Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;

Minimize the volume of cut and fill, the number of removed trees six inches in caliper or larger, the area of wetland vegetation displaced, soil erosion, and threat of air and water pollution;

Provide adequate storm water management and other utilities consistent with the functional requirements of the Planning Board Subdivision Rules and Regulations, Department of Environmental Protection, Management Storm Water Management Handbook;

Minimize obstruction of scenic views from publicly accessible locations;

Minimize glare from headlights and lighting intrusion;

Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places; and

Ensure compliance with the provisions of this Zoning Bylaw, including parking, signs, landscaping, and environmental standards.

8.9.8.

Submission Requirements.

A formal application for site plan review shall contain at a minimum the following exhibits and information:

Application.

A fully executed and signed application. In the event that the applicant is not the owner of the property, the property owner’s signature shall be included.

Installation Plan.

Ten (10) full-sized copies of the installation plan, signed and stamped by a professional engineer licensed to practice in the Commonwealth of Massachusetts, and providing the information described further below.

Site Plan.

Ten (10) full-sized copies of the site plan, signed and stamped by a registered professional engineer and surveyor and drawn at a scale sufficient to allow review of the items listed under the proceeding general standards, and showing the information described further below. In addition, ten (10) 11” by 17” copies of the site plan shall be provided, as well as electronic files of the application.

8.9.9.

Installation Plan Submission Requirements.

The Installation Plan shall contain at a minimum the following information and exhibits:

Ownership.

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; and

The name, contact information and signature of any agents representing the project proponent.

Installation.

Proposed layout of the system and any potential shading from nearby structures;

One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices;

Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter;

Name, address, and contact information for proposed system installer; and

Proof of liability insurance.

Operation & Maintenance Plan.

The project proponent shall submit a plan for the operation and maintenance of the large-scale ground-mounted solar photovoltaic installation, which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.

Utility Notification.

No large-scale ground–mounted solar photovoltaic installation shall be constructed until evidence has been given to the Site Plan Review Authority that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Dimension and Density Requirements.

For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Front yard.

The front yard depth shall be at least 30 feet; provided, however, that where the lot abuts a Conservancy-Institutional (SCI) or Residential district, the front yard shall not be less than 50 feet;

Side yard.

Each side yard shall have a depth at least 30 feet; provided, however, that where the lot abuts a Conservancy-Institutional (SCI) or Residential district, the side yard shall not be less than 50 feet; and

Rear yard.

The rear yard depth shall be at least 30 feet; provided, however, that where the lot abuts a Conservancy-Institutional or Residential district, the rear yard shall not be less than 50 feet.

Appurtenant Structures.

All appurtenant structures to large- scale ground-mounted solar photovoltaic installations shall be subject to the dimensional regulations of the district in which the structure is located. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.

Signage.

Signs on large- scale ground-mounted solar photovoltaic installations shall comply with the Town of Winchester sign bylaw. A sign consistent with a municipality’s sign bylaw shall be required to identify the owner and provide a 24-hour emergency contact phone number. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar photovoltaic installation.

Utility Connections.

Reasonable efforts, as determined by the Site Plan Review Authority, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.

Safety and Emergency Services.

The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local public safety officials. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

10.

Land Clearing, Soil Erosion and Habitat Impacts.

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.

11.

Installation Conditions.

The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local public safety officials. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way or under Town of Winchester ownership and/or jurisdiction.

12.

Modifications.

All material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Site Plan Review Authority.

13.

Removal Requirements.

Any large-scale ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with provisions of this bylaw shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Site Plan Review Authority by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all large-scale ground-mounted solar photovoltaic installations, structures, equipment, security barriers and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; and

Stabilization or re-vegetation of the site as necessary to minimize erosion. The Site Plan Review Authority may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

14.

Abandonment.

Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Site Plan Review Authority. If the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town may enter the property and physically remove the installation.

15.

Financial Surety.

Proponents of large-scale ground-mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bank passbook, bond or otherwise, to cover the cost of removal in the event the town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Authority. The proponents shall provide a security sufficient to cover the costs of removal for the first 10-year period. Every five years thereafter, the proponent shall return to the Site Plan Review Authority to renew this surety, with the Site Plan Review Authority requiring that the surety be sufficient to cover the costs of removal of the facility by the end of that time. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Such surety may not be required for municipally- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer.

8.9.10.

Site Plan Submission Requirements.

General Information.

Date and Revisions.

Date of site plan. All revisions shall be noted and dated;

Development Name and Ownership.

Title of development, north arrow, scale, block and lot number, name and address of record owner, name, address and license number and seal of person preparing the site plan. If the owner of record is a corporation, the name and address of the president and secretary shall be submitted with the application;

Scale.

A scale of 1"= 20', 1"=40' or 1"=80' whichever is appropriate to the size of the proposal. All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest ten seconds. The error of closure shall not exceed one to ten thousand. A locus map showing general location of the site within the town shall also be shown;

Zoning.

Zoning classification(s) of the property and location of zoning district boundaries if the property is located in more than one zoning district(s). Adjacent zoning districts within three hundred (300) feet shall also be indicated. Such features shall be shown on a separate map or key map on the detail map itself;

Acreage.

Acreage of tract to nearest tenth of an acre;

Boundaries.

Boundary of the entire parcel held in common ownership by the Applicant regardless of whether all or part is being developed at this time. Existing streets, lots, reservations easements and areas dedicated to public use, including grants, restrictions and rights-of-way shall be shown;

Bearings and Distances.

Bearings and distances or curve data of all existing street lines, ways, easements, and lot lines and location of all permanent bounds shall be shown;

Abutting Property Owners.

Names and addresses of all abutting property owners and parties of interest within three hundred (300) feet of the property line;

Compliance Information.

All calculations necessary to determine conformance to bylaw regulations and any such information as may be required to show that the details of the site plan are in accordance with applicable requirements and, as applicable, in compliance with the policies and procedures of the Winchester Select Board, Town Engineering Department, Department of Public Works, Fire Department, Police Department and other Town Departments concerning the design and installation of the proposed project facilities; and

Approvals.

Place for signatures of the Site Plan Review Authority members. Signature blocks shall be placed on all plan sheets and/or documents.

Existing Conditions.

Existing and Proposed Contours.

Existing and proposed contours provided at a minimum two-foot interval; one-foot contours and/or additional spot grades shall be provided in areas where the existing or proposed grades are one-percent or less. The plan survey datum shall be the National American Vertical Datum 1988 (NAVD88) and this reference shall be identified on the plan;

Existing Land Features.

Location of existing rock outcrops, general soil types, high points, watercourses, depressions, ponds, marshes, wooded areas, and major trees and other significant existing features including the effective 100-year flood elevation.

Existing Buildings. Location of existing buildings that shall remain and all other existing structures such as walls, fences, culverts, bridges, roadways, etc. with spot elevations of such structures. Structures to be removed shall be indicated by dashed lines; and

Adjacent Structures.

All structures and topography within fifty (50) feet of the property lines.

Proposed Uses and Buildings.

Uses and Locations.

The proposed use or uses of land and buildings and proposed location of buildings including proposed grades. Such features should be included on a separate drawing, with floor space of all buildings indicated;

Buildings.

The location, building/housing type and density of land use to be allocated to parts of the site to be developed;

Building Layouts.

Layout of proposed buildings or structures including plan elevations; and

Visual Impact.

Sketches as appropriate to indicate the visual impact on the community.

Utilities and Stormwater Drainage.

Water and Sewer.

The location of all proposed water lines, valves and hydrants and all sewer lines or alternative means to water, including irrigation of lawns, and sewage disposal, in compliance with the applicable standards and regulations of the Town of Winchester and for the appropriate utility company. Water and sewer systems shall be laid out to the satisfaction of the Water and Sewer Department;

Strom Drainage Structures and Utility Lines.

Location of all existing storm drainage structures and utility lines whether publicly or privately owned with pipe sizes, grades and direction of flow, as well as locations of all above ground and underground utility lines;

Stormwater Drainage Calculations.

The proposed stormwater drainage system shall conform with designs based on the 2, 10, 25 and 100-year storm events. Drainage calculations shall be provided for the 2, 10, 25 and 100-year storm event using 24-hour precipitation estimates published in the “Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada” from the Northeast Regional Climate Center at Cornell University (i.e. Cornell Precipitation Data), dated September 1993 (Publication No. RR93-5);

Underground Utilities.

Proposed location of all underground utility lines;

Lighting.

The proposed location, direction of illumination, intensity and time of proposed outdoor lighting. Access ways, parking areas and pedestrian walkways shall have adequate lighting for security and safety reasons. Lighting shall be energy-efficient and arranged and shielded so as to prevent glare from the site shining onto abutting properties;

Fire Alarms.

Proposed location of conduit, fire alarm and terminal boxes with appurtenances in accordance with the standard specifications and as may be required by the Winchester Fire Department; and

Signs.

Location, materials and details of any proposed signs.

Roadways and Access.

Circulation.

A circulation study both within the site and as it may affect the surrounding properties including estimates of total vehicle trips generated, peak hour demand, present and anticipated traffic volumes, existing street capacities and other elements which may influence and be influenced by the proposed development;

Vehicular Access.

All means of vehicular access for ingress and egress to and from the site onto the public streets. Plans should show the size and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and any other device necessary to prevent difficult traffic situations;

Roadways.

The profiles and proposed grading of all proposed streets or drives; cross-sections showing width of roadway, location and width of sidewalk according to Town standards. The information provided shall comply with the Special Provisions for the Construction of Roadways Including the Installation of Water, Sewer and Drains in the Town of Winchester, as amended;

Parking.

The location and design of any off-street parking areas or loading areas showing the size and location of bays, aisles, barriers and proposed plantings. The total ground coverage by structures and impervious surfaces shall be identified and calculated. Where appropriate, the Site Plan Review Authority encourages the use of pervious materials to increase infiltration within the site; and

Private Roads.

Copies of all existing and proposed agreements by which private roads shall be maintained and plowed, refuse collected and other supplementary services to be provided;

Landscaping.

All proposed vegetative screening and/or fencing, landscaping and plant design, which landscape plan should include details of the types and sizes of plants materials. To the extent feasible or practicable, landscaping should be designed in an environmentally sensitive manner with non-invasive drought tolerant plants, so as to reduce irrigation needs and heating and cooling needs.

Easements.

Copies of all proposed easements, covenants, restrictions and/or any other applicable document.

8.9.11.

Waivers.

The Site Plan Review Authority may waive, by an affirmative vote of the majority of the Site Plan Review Authority any of the preceding requirements if it believes that the strict compliance with this section, because of the size or special nature of the proposed building or structure, may not be in the public interest.

8.9.12.

Compliance.

Lapse of Approval.

Site plan approval granted under this section shall lapse within two years of the date of approval if a substantial use thereof has not commenced.

Occupancy Permits.

Except as described below, no final occupancy permit shall be issued for any building or structure or portion thereof, until:

The Building Inspector receives certification from a registered architect, engineer or land surveyor that all construction, including utilities, has been constructed in accordance with the approved site plan;

The Building Inspector verifies that all conditions of the approved site plan have been met; and

Occupancy permits or final inspections, as applicable and determined by the Building Commissioner, may be issued for a portion of any building or structure, if the only incomplete work shown on the site plan is landscaping and/or roadway top course, and surety in the amount approved by the Site Plan Review Authority is posted to ensure that the incomplete landscaping and/or roadway top course is completed within a reasonable time. The Site Plan Review Authority may allow surety to be posted for site work in addition to landscaping and the roadway top course, if an unusual or unexpected event prevents the applicant from completing the site work.

8.9.13.

Modifications to Approved Site Plans.

To request a modification to an approved site plan, an applicant shall submit to the Site Plan Review Authority a written description of the proposed modifications. Modified site plans will, in most instances, be subject to the same submittal, review and hearing procedures as the original filing. If the Site Plan Review Authority determines that a particular modification is not significant and is consistent with the previously approved site plan, the Site Plan Review Authority may determine that a new hearing on the modification may not be required.

8.9.14.

Appeal.

The decision of the Zoning Board of Appeals may be appealed to a court of competent jurisdiction as set forth in G.L. c 40A, s. 17.

8.10 Community Resource Overlay District (CROD).

8.10.1.

Purpose.

The purpose of the Community Resource Overlay District (CROD) is to encourage and promote the use of land and facilities located within the overlay district that serve as community resources in the Town of Winchester, where the primary use of the land or facility is for nonprofit educational, agricultural, cultural, institutional, or civic purposes, by providing for certain accessory uses as described in this Section 8.10.

[FTM Art. 6, 11/14/2016]

8.10.2.

Overlay District.

The CROD is established as an overlay district in the locations shown on the Town of Winchester Zoning Map. Where the CROD authorizes uses not allowed in the underlying zoning district or establishes different standards or procedures from those otherwise set forth in this Zoning Bylaw, the provisions of the CROD shall control.

[FTM Art. 6, 11/14/2016]

8.10.3.

Definitions.

See Section 10 – Community Resource Overlay District.

[FTM Art. 6, 11/14/2016]

8.10.4.

Applicability.

The CROD accessory uses that are set forth in Section 8.10.5 shall be permitted as of right on community resource property located in the CROD. The application of the CROD shall not restrict the uses, including other accessory uses, allowed as of right, under the Dover Amendment (M.G.L. Ch. 40A Section 3), or by special permit in the underlying zoning district.

[FTM Art. 6, 11/14/2016]

8.10.5.

Table of Use Regulations for CROD.

[FTM Art. 6, 11/14/2016]

The Table of Accessory Uses shall be permitted on a community resource property according to the following symbols:

Y = Permitted as of Right – See Section 9.5.1 for applicability of site plan review.

N = Not Permitted; Prohibited

SP = Permitted only under a special permit granted by the designated Special Permit Granting Authority, as provided for in Section 9.4.

Use		CROD No.1 Wright-Locke Farm
1.	Demonstrations, classes, instruction or other educational lectures and assemblies whether conducted by the community resource property owner, occupant or a third party.	Y
2.	Activities which follow from the primary use of the community resource property, for example, preparation, assembly, or packaging of products from agricultural crops, whether such crops are grown on the community resource property or at another location.	Y
3.	The sale of merchandise related to the primary use of the community resource property.	Y
4.	The use of the land or facility(ies) for the conduct of social gatherings or similar types of events either open to the public or by private invitation, whether conducted or sponsored by the community resource property owner, occupant or by third parties.	Y
5.	The serving of food and alcohol, whether in connection with a special event conducted by the community resource property owner, occupant or third party. (All serving of food and alcohol shall be subject to the normal permitting procedures from the appropriate Town permit granting authority).	Y
6.	Leasing of space associated with the primary community resource use.	Y

8.10.6.

Other Accessory Uses.

This Section 8.10 is not meant to limit any accessory uses currently permitted under the Dover Amendment (M.G.L. Ch. 40A Section 3).

[FTM Art. 6, 11/14/2016]

8.10.7.

Conflicting Provisions.

If the provisions of this Section 8.10 are in conflict with any other section of the Winchester Zoning Bylaw, this Section 8.10 shall govern.

[FTM Art. 6, 11/14/2016]

8.11 MBTA Overlay District (MOD).

8.11.1.

Purpose.

The purpose of the MOD is to allow multi-family housing as-of-right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A).[1] This zoning provides for as-of-right multi-family housing to accomplish the following purposes:

[STM Art. 4, 4/29/2024]

Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels;

Support vibrant neighborhoods by encouraging an appropriate mix and intensity of uses to support an active public space that provides equal access to housing, jobs, gathering spaces, recreational opportunities, goods, and services within a half-mile of a transit station;

Locate housing near public transit, downtowns, or town centers to promote general public health, reduce the number of vehicular miles traveled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality;

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure;

Support public investment in public transit and pedestrian and bike-friendly infrastructure; and

Increase the municipal tax base through private investment in new residential developments.

[1]

Editor's Note: See MGL c. 40A, § 3A.

8.11.2.

Establishment and Applicability.

This MBTA Overlay District (MOD) is an overlay district having a land area of approximately 48 acres in size that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map.

[STM Art. 4, 4/29/2024]

Applicability of MOD.

An applicant may develop multi-family housing located within a MOD in accordance with the provisions of Section 8.11.

Underlying Zoning.

The MOD is an overlay district superimposed over the underlying zoning districts. The regulations for use, dimensions, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force.

Subdistricts.

The MOD contains the following subdistricts, all of which are shown on the map in Section 8.11.3, MOD Boundary Map: MOD1, MOD2, MOD3, MOD4.

8.11.3.

MOD Boundary Map.

[STM Art. 4, 4/29/2024]

8.11.4.

Permitted Uses.

The following uses are permitted as of right within the MOD:

[STM Art. 4, 4/29/2024]

Table of Permitted Uses in Subdistricts of the MBTA Overlay District (MOD)
	MOD1	MOD2	MOD3	MOD4
Residential
Apartment house	Y	Y	Y	Y
Dwelling, multiple family	Y	Y	Y	Y
Garden apartment house	Y	Y	Y	Y
Townhouse	Y	Y	Y	Y

8.11.5.

Dimensional Requirements.

Permitted uses in the MOD shall be developed in accordance with the table in this Section 8.11.5, Dimensional Requirements.

[STM Art. 4, 4/29/2024]

Dimensional Requirements in Subdistricts of the MBTA Overlay District (MOD)
	MOD1	MOD2	MOD3	MOD4
FAR
Floor area ratio (maximum)	1.5	2.0	1.0	1.0
Heights
Maximum height (feet)	45	40	45	64
Maximum stories	4	2.5	3	8
Setbacks
Minimum front setback (feet)	0	20	10	70
Minimum side setback (feet)	0 unless bordering a freestanding historically significant structure, then 5	10	10	20
Minimum rear setback (feet)	20	10	15	20
Minimum adjacent to SCI and residential district (feet)	0	20	20	20
Areas
Minimum open area	20%	75%	60%	70%
Minimum green space	–	35%	–	–
Maximum hardscape	–	35%	–	–

8.11.6.

Off-Street Parking.

All developments in the MOD are subject to the off-street parking requirements of Section 5.1 of the Winchester Zoning Bylaw; and the requirements of Section 8.11.7; and the number of spaces per dwelling unit as defined in the table in this Section 8.11.6, Off Street Parking:

[STM Art. 4, 4/29/2024]

Table of Parking Minimums in Subdistricts of the MBTA Overlay District (MOD)
Use	MOD1	MOD2	MOD3	MOD4
Residential	0.75/unit	2/unit	0.75/unit	1/unit

8.11.7.

General Development Standards.

[STM Art. 4, 4/29/2024]

Applicability.

Development standards in the MOD are applicable to all multi-family housing uses within the MOD. These standards are components of the site plan review process in Section 8.11.8, Site Plan Review.

Site Plan Review Authority.

The Site Plan Review Authority (SPRA) within the MOD shall be the Planning Board, who may adopt and amend, by simple majority vote, design guidelines which shall be applicable to all rehabilitation, redevelopment, or new construction within the MOD. Such design guidelines must be objective and not subjective and may include but not be limited to:

the scale and proportions of buildings,

the alignment, width, and grade of streets and sidewalks,

the type and location of infrastructure, the location of building and garage entrances, off street parking,

the protection of significant natural site features,

the location and design of on-site open spaces, exterior signs,

buffering in relation to adjacent properties, and

architectural design.

Design guidelines may contain graphics illustrating a particular standard or definition to make such standard or definition clear and understandable.

Site Design.

Connections.

Sidewalks shall provide a direct connection among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.

Vehicular access.

Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

Parking.

See Section 5.1, Off-Street Parking Requirements, Section 5.2, Off-Street Loading Facilities, and Section 8.11.6, Off-Street Parking.

Plantings.

Plantings shall include species that are native or adapted to the region.

Lighting.

See Section 5.4, Outdoor Lighting.

Mechanicals.

Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way. Heating, ventilation and air conditioning equipment, solar panels, elevator overrides and the necessary screening may exceed the maximum building height by four (4) feet as set forth in Section 8.11.5, Dimensional Requirements and Section 8.11.7.5, Building Height.

Dumpsters.

Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.

Stormwater Management.

Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Town of Winchester MS4 permit for projects that disturb more than one (1) acre and discharge to the Town’s municipal stormwater system, and an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

Buildings: General.

Position relative to principal street.

The primary building shall have its principal façade and entrance facing the principal street. See also Section 8.11.7.8, Buildings: Corner Lots.

Entries.

Where feasible, entries shall be clearly defined and linked to a pedestrian network that includes the public sidewalk.

Buildings: Height.

The height of a structure is the vertical distance measured from the mean grade of the existing ground level adjoining the building at each exterior wall to the mid-point of the roof. A portion of the building which does not have a pitched roof will be measured from the mean grade of the existing ground level adjoining the building at each exterior wall to the top of the roofline. See Figure 7-3.1, Measurement of Building Height under Section 7.3.13.2.

Buildings: Multiple Buildings on A Lot.

Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. A pedestrian network shall connect parking to the entries to all buildings and the buildings to each other. The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building façade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

Buildings: Shared Outdoor Space.

Multi-family housing shall have common outdoor space that all residents can access. Such space may be located in any combination of ground level, courtyard, rooftop, or terrace.

Buildings: Corner Lots.

A building on a corner lot shall indicate a primary entrance either along one of the street-facing façades or on the primary corner as an entrance serving both streets.

Buildings: Infill Lots.

If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the requirements of Section 8.11.5, Dimensional Requirements. Otherwise, infill buildings may match the setback line of either adjacent building, or an average of the setback of the two buildings to provide consistency along the street.

10.

Buildings: Principal Façade and Parking.

Parking shall be subordinate in design and location to the principal building façade.

Surface parking.

Surface parking shall be located at the rear of the site or within the footprint of a building. Parking shall not be located in the setback between the principal building and any lot line adjacent to the public right-of-way.

Parking structures.

Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings shall be subordinate in design and placement to the multi-family building(s) on the lot.

11.

Historically Significant Structures.

Buildings on parcels shown in red on 8.11.7.12, Historically Significant Structures Map have been identified as “historically significant structures” that contribute to the established fabric and character of the Town of Winchester. These structures, and their decorative exterior elements, including, but not limited to, brackets, moldings, and casings, shall be preserved to the maximum extent possible. Plans that include demolition of historic structures are strongly discouraged.

12.

Historically Significant Structures Map.

Map 8.11.7 - 12. Historically Significant Structures

13.

Waivers.

The Site Plan Review Authority may waive one or more of the requirements of Section 8.11.7, General Development Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MOD.

8.11.8.

Affordability Requirements.

[STM Art. 4, 4/29/2024; FTM Art. 4, 11/3/2025 ]

Purpose.

The purpose of affordable housing requirements is to foster the creation of housing that is affordable and is located near mass transit, schools, parks, and other municipal improvements.

Applicability.

This requirement is applicable to all residential developments with six (6) or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion. No project may be divided or phased to avoid the requirements of this section.

Provision of Affordable Housing.

In applicable projects:

Ten percent of the housing units constructed within a project shall be restricted as affordable units for sale or rent to households earning no more than 80 percent of AMI, in accordance with definitions and guidelines contained in 760 CMR 56.00 and as prescribed by EOHLC, as may be amended. It is intended that affordable units described in this section be approved for inclusion on the Town’s SHI;

For projects that have 25 or more dwelling units, in addition to the requirement to restrict ten percent of the units as affordable as described in the preceding section, an additional five percent of the dwelling units shall be restricted for sale or rent to middle income applicants (households earning no more than 120 percent Area Median Income), at a price or rent that is deemed affordable to such households; and

If the number of affordable units calculated contains a decimal between 0.01 and 0.49, the number of units shall be rounded down. If the number of affordable units calculated contains a decimal between 0.50 and 0.99, the number of units shall be rounded up.

Development Standards of Affordable Housing.

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

Dispersed throughout the development;

Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

Distributed proportionately among unit sizes;

Distributed proportionately across each phase of a phased development; and

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development, provided that occupancy permits for affordable units are issued simultaneously on a pro-rata basis.

8.11.9.

Site Plan Review.

[STM Art. 4, 4/29/2024]

Applicability.

Site plan review is required for all projects within the MOD. An application for site plan review shall be reviewed by Planning Board for consistency with the purpose and intent of Sections 8.11.1 through 8.11.8. The Planning Board may consult with any other boards, commissions, and departments, including but not limited to the Historical Commission, Design Review Committee, the Disability Access Commission, and the Conservation Commission, to ensure a complete site plan and design review. The Planning Board may utilize M.G.L. Chapter 44, § 53G for the retention and payment of peer review consultants. Section 9.5, Site Plan Review of the Town of Winchester Zoning Bylaws is not applicable to projects in the MOD.

Historical Review.

Buildings on parcels shown in red in 8.11.7.12, Historically Significant Structures have been identified as “historically significant structures” and are subject to the terms of Chapter 14 of the Winchester Code of Bylaws. The proposed demolition of a building shall be reviewed for historical significance in accordance with Chapter 14, Section 3.1 of the Town Bylaws and subject to the procedures therein.

Submission Requirements.

As part of any application for site plan review for a project within the MOD submitted under Sections 8.11.4 through 8.11.8, the applicant must submit the following documents to the Planning Board:

Application and fee for site plan review.

Site plans that show the position of the building on the site, points of vehicular access to and from the site and vehicular circulation on the site, stormwater management, utilities, and landscape treatments, including any screening of adjacent properties, and other information commonly required by the Town for site plan review.

Elevations of the building(s) showing the architectural design of the building.

All site plans shall be prepared by a licensed architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a licensed landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals 40 feet or larger, or at a scale as approved in advance by the Reviewing Authority.

Narrative of compliance with the applicable design standards of this Section 8.11.9.

Timeline.

The Planning Board shall meet within 35 days from the time of a complete filing from an applicant. If no decision or continuation request is filed by the Planning Board within 35 days from the time of a complete filing from an applicant, it shall be deemed a lack of opposition to the project. Site plan review shall be completed no more than 90 days after the submission of the application.

8.11.10.

Severability.

If any provision of this Section 8.11 is found to be invalid by a court of competent jurisdiction, the remainder of Section 8.11 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 8.11 shall not affect the validity of the remainder of the Town of Winchester’s Zoning Bylaw.

[STM Art. 4, 4/29/2024]

8.11.11.

Changes.

The Planning Board may adopt regulations consistent with this bylaw.

[STM Art. 4, 4/29/2024]

8.11.12.

Definitions.

The following definitions are for use in this section only:

[STM Art. 4, 4/29/2024]

AREA MEDIAN INCOME (AMI)

The median family income for the metropolitan statistical region that includes the Town of Winchester, as defined by the U.S. Department of Housing and Urban Development (HUD).

AS OF RIGHT

Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

EOHLC

The Massachusetts Executive Office of Housing and Livable Communities, DHCD’s successor agency.

FLOOR AREA RATIO (FAR)

The ratio of the floor area to the lot area.

MBTA

Massachusetts Bay Transportation Authority.

MOD (MBTA Overlay District)

A zoning overlay district in which multi-family housing is allowed as of right.

MULTI-FAMILY HOUSING

Any building with three or more dwelling units, as a freestanding residential building or as part of a mixed-use building.

SITE PLAN REVIEW AUTHORITY (SPRA)

In the MBTA Overlay District, as part of the permit process for development of multi-family properties, the Planning Board is authorized to conduct site plan review and impose reasonable conditions as a result of the review.

SUBDISTRICT

An area within a zone, district, or overlay that is geographically smaller than the zone, district, or overlay and is differentiated from the rest of the zone, district, or overlay by use, dimensional standards, or development standards.

SUBSIDIZED HOUSING INVENTORY (SHI)

A list of qualified affordable housing units maintained by EOHLC used to measure a community's stock of low- or moderate-income housing.

8.12 Main Street Mixed-Use District (MSMD).

[FTM Art. 7, 11/7/2024]

8.12.1.

Purpose.

The purpose of this bylaw is to establish the Main Street Mixed-Use District (MSMD) as a vibrant, welcoming gateway to the Town of Winchester, enhancing the northern corridor of Main Street. The district is designed to promote a walkable, livable, and climate resilient environment, serving as both an entry point to Winchester and a seamless transition into the Center Business District (CBD). By integrating commercial, residential, and community spaces, the MSMD fosters a dynamic, pedestrian- and bicycle-friendly neighborhood that complements the surrounding residential areas and allows for the intensification of mixed-use development as it approaches the CBD.

This bylaw establishes regulations to guide the development and redevelopment of the MSMD in a manner that encourages thoughtful planning, balancing residential, commercial, and recreational uses in a cohesive and sustainable way. The goals of this bylaw include, but are not limited to, the following:

Promote Mixed-Use Development

with active ground-floor commercial uses to enhance the streetscape and support a vibrant, community-centered environment.

Create a Safe and Desirable Streetscape

that enhances pedestrian, cyclist, and vehicular safety while contributing to the aesthetic appeal and accessibility of the district.

Encourage Sustainable and Durable Development

that supports climate change resilience goals and enhances the long-term livability and sustainability of the community.

Increase Housing and Commercial Opportunities

to meet diverse community needs while maintaining a scale and design that harmonizes with the surrounding neighborhoods.

Support Adaptive Reuse and Historical Preservation

to maintain the district's unique character and promote the revitalization of existing structures in a way that enhances the corridor.

8.12.2.

Boundaries and Characteristics.

Boundary.

The boundaries of the MSMD are delineated in 8.12.2, Map I. Only parcels located within this boundary will be subject to the provisions of this bylaw.

8.12.2, Map I

Subdistricts.

The MSMD is divided into seven subdistricts as shown on 8.12.2, Map I. The purpose in defining the areas is to allow variation in zoning regulation across the district that accommodates a range of future uses and developments that are compatible with existing uses and buildings in each area, including abutting properties in adjacent zoning districts. The current character and intended future character of each area are as follows:

East 1 (E1). Given its proximity to the CBD and the MBTA Station, E1 is intended to promote higher density, mixed-use development that incorporates active ground floor commercial uses that foster a vibrant pedestrian streetscape environment.

East 2 (E2). Centrally located along the North Main Street corridor, E2 includes lots that front key intersections and open spaces. Medium- to high-density mixed-use development is encouraged, reinforcing the definition of pedestrian streetscapes and ensuring that the scale is appropriate for its visually prominent location.

East 3 (E3). A "gateway" location, given its proximity to the Town line. While medium to high density mixed-use development is encouraged, the siting, scale, and architectural qualities of new buildings should reflect a sensitivity to abutting residential properties while, at the same time, creating an active North Main Street frontage.

West 1 (W1). Given its proximity to the CBD and the MBTA Station, W1 is intended to promote higher density, mixed-use development that incorporates active ground floor commercial uses that foster a vibrant pedestrian streetscape environment.

West 2 (W2). W2 consists of a series of shallow lots that are essential to maintaining the continuity of the commercial and mixed-use character of the North Main Street corridor. Medium-density mixed-use development is encouraged, with new buildings designed to complement the North Main Street frontage while being sensitive to the residential properties bordering the neighborhood to the west.

West 3 (W3). W3 consists of a series of relatively shallow lots that are important for maintaining the visual continuity of the North Main Street corridor, while also serving as a buffer for the adjacent residential neighborhoods to the west. Consequently, low- to medium-density residential development is encouraged, with ground-level commercial mixed-use, especially at key intersections where active streetscapes are desirable. Adhering to architectural and site planning guidelines will be essential to ensuring an appropriate transition to the surrounding neighborhood.

West 4 (W4). Holding a unique position along North Main Street in that it is in a "gateway" location adjacent to the Town line but also serves as a buffer for the residential neighborhood to the west of the corridor. Low- to medium-density mixed use is encouraged, including some ground floor commercial uses, with building siting essential to reinforcing the continuity of the streetscape definition along Main Street. Adhering to architectural and site planning guidelines will be critical to ensuring an appropriate transition to the surrounding neighborhood.

8.12.3.

Provisions.

Applicability.

Any development, redevelopment, or alteration to land, buildings, or structures within the MSMD, as determined by the Winchester Zoning Map, shall be regulated as described in this bylaw. No building, structure, or land within this district shall be used or occupied, nor shall any building, structure, or part thereof be erected, constructed, reconstructed, moved, or structurally altered unless in full conformity with the regulations of this bylaw. In cases where the regulations established under this bylaw differ from those prescribed by any other statute, section(s) of the Zoning Bylaw, or any other regulation, the MSMD bylaw shall govern.

Administration.

Planning Board.

The Planning Board, designated as the special permit granting authority (SPGA) for the MSMD, shall be solely responsible for the granting of a permit for any exterior work, site plan review, and special permit for any use, building, structure, signage, off-street parking or loading, dimensional or architectural standard, screening, landscaping, or other activity within the MSMD as determined by the Winchester Zoning Map. Unless otherwise specified, the SPGA is also responsible for site plan review of all project applications in the MSMD.

Enforcement, Violations, and Penalties.

The Building Commissioner is responsible for the interpretation and enforcement of this bylaw and is authorized by the Planning Board to inspect where a violation may exist, issue a notice of violation, and penalize for inaction of such notice by a property owner.

Rules and Regulations.

The Planning Board shall adopt and amend, by simple majority, regulations relative to this bylaw including, but not limited to, architectural design standards, building standards, development standards, allowable uses, development review criteria, submission requirements, inclusionary housing, and fees. These regulations shall have the same legal force as this Section 8.12.

Text and Graphics.

Figures and photos included within are for illustrative purposes only and are meant to help clarify the intent and requirements of the desired district characteristics and bylaw text. In the event of a conflict between the text and any figures or photos, the text shall govern.

Severability.

The invalidity of any section or provision in this bylaw does not invalidate any other section or provision of it.

8.12.4.

Use Regulations.

General Provisions.

No land within the MSMD shall be used, and no building or other structure shall be erected, altered, or modified, except as expressly permitted in Section 8.12.4, Table I, where such use is designated with the word "Yes" or the letters "SP" (Special Permit), except for accessory uses permitted under Section 4.4 of the Zoning Bylaw, and nonconforming uses as outlined in Section 3.5 of the Zoning Bylaw. Uses designated as "(C)" are primary or accessory uses which are prohibited from the ground floor but are allowed on any other floor. Uses designated as "No" are prohibited in all cases.

8.12.4, Table I - Use Regulations in Main Street Mixed-Use District (MSMD)
	E1	E2	E3	W1	W2	W3	W4
Residential Uses
1. Dwelling, single-family (detached dwelling occupied by one family only)	SP	SP	SP	SP	SP	SP	SP
2. Dwelling, duplex (2 integrated dwelling units into a single coherent, unified massing)	SP	SP	SP	SP	SP	SP	SP
3. Garden apartment house (multiple-family dwelling, not over three stories in height, and containing not less than 4 dwelling units)	SP	SP	SP	SP	SP	SP	SP
4. Townhouse (row of not less than 3 nor more than 10 attached dwelling units)	SP	SP	SP	SP	SP	SP	SP
5. Dwelling, multiple-family (occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided)	SP	SP	SP	SP	SP	SP	SP
6. Apartment house (multiple-family dwelling over three stories in height)	SP	SP	SP	SP	SP	SP	SP
7. Nursing/assisted living (multi-family for individuals at least 62 years of age)	SP	SP	SP	SP	SP	SP	SP
8. Mixed-use development (combination of residential, commercial, or other uses in one structure, residential must be included)	Y	Y	Y	Y	Y	Y	Y
Educational, Institutional, Recreational and Agricultural Uses
9. Indoor community center or recreational facility (not including private clubs)	Y	Y	Y	Y	Y	Y	Y
10. Childcare (commercial care for 4 or more children)	Y	Y	Y	Y	Y	Y	Y
11. Public Park or playground (any public area used for recreation or conservation)	Y	Y	Y	Y	Y	Y	Y
12. Outdoor recreational facility (outdoor, recreation-oriented space)	SP	SP	SP	SP	SP	SP	SP
13. Educational purposes, including arts, STEM related, makerspaces (land, buildings, or structures for providing learning in a general range of subjects)	Y	Y	Y	Y	Y	Y	Y
14.
15. Non-profit library or museum (a facility providing information resources and areas for study and research)	Y	Y	Y	Y	Y	Y	Y
Government and Public Service Uses
16. Essential services (services provided by a public service corporation or by governmental agencies)	Y	Y	Y	Y	Y	Y	Y
Commercial Uses
17. General service establishment (repair shop for household appliances and similar equipment)	Y	Y	Y	Y	Y	Y	Y
18. Personal services establishment (barber shop, beauty shop, laundry or dry-cleaning shop, shoe repair shop, or any similar service establishment)	Y	Y	Y	Y	Y	Y	Y
19. Professional services (not including the receipt, sale, storage, or processing of merchandise)	Y	Y	Y	Y	Y	Y	Y
20. Retail store (sale of merchandise conducted within the building)	Y	Y	Y	Y	Y	Y	Y
21. Business or professional office (office of a doctor, lawyer, accountant, or similar profession)	(C)	(C)	(C)	(C)	(C)	Y	Y
22. Bank (financial institution that accepts deposits, offers loans, and provides related services)	Y	Y	Y	Y	Y	Y	Y
23. Co-working (shared office space for collaboration or independent work)	(C)	(C)	(C)	(C)	(C)	(C)	(C)
24. Art gallery or studio (for display, retail sale, lease, or rental of artwork or hand-made crafts)	Y	Y	Y	Y	Y	Y	Y
25. Bar or tavern (serves alcoholic beverages for on-site consumption)	Y	Y	Y	Y	Y	Y	Y
26. Bed-and-breakfast (resident owned or managed lodging units in which breakfast is served)	SP	SP	SP	SP	SP	SP	SP
27. Boutique hotel (fewer than 25 rooms)	SP	SP	SP	SP	SP	SP	SP
28. Coffee shop, bakery, cafe (coffee, baked goods, and light meals for onsite or take-out consumption)	Y	Y	Y	Y	Y	Y	Y
29. Convenience store (small-scale retail store for large volumes of stop-and-go traffic)	Y	Y	Y	Y	Y	Y	Y
30. Grocery store (large-scale retail store for the sale of food and household products)	Y	N	N	Y	N	N	N
31. Restaurant, <5,000 sq.ft. (prepares and serves meals for on-site dining)	Y	Y	Y	Y	Y	Y	Y
32. Restaurant, >5,000 sq. ft. (prepares and serves meals for on-site dining)	SP	SP	SP	SP	SP	SP	SP
33. Restaurant, fast food (drive-thru)	SP	SP	SP	SP	SP	SP	SP
34. Medical, dental care (excluding laboratory uses)	(C)	Y	Y	(C)	Y	Y	Y
35. Undertaker or funeral establishment (arranges and conducts funeral services, including the preparation and burial or cremation of the deceased)	SP	SP	SP	SP	SP	SP	SP
36. Gyms, fitness center (facility equipped for physical exercise, offering equipment, classes, and space for workouts and training)	Y	Y	Y	Y	Y	Y	Y
37. Animal grooming salons (excluding boarding and outdoor uses)	Y	Y	Y	Y	Y	Y	Y
38. Veterinarian office (excluding overnight care, boarding, and outdoor uses)	Y	Y	Y	Y	Y	Y	Y
39. Motor vehicle repair, sales, rental (retail or professional services related to automotive uses)	SP	SP	SP	SP	SP	SP	SP
40. Commercial parking lot or garage (privately operated facility that provides space for the parking of vehicles)	SP	SP	SP	SP	SP	SP	SP
41. Vehicle refueling/recharging station (fuel or charging services for vehicles)	SP	SP	SP	SP	SP	SP	SP
Industrial Uses
42. Wireless communications facility (see Section 8.4)	SP	SP	SP	SP	SP	SP	SP

8.12.5.

Standards.

Development and Architectural Design Standards.

All developments within the MSMD are subject to the Regulations Governing the Development and Architectural Design of Section 8.12 of the Winchester Zoning Bylaw.

Dimensional Standards.

No building or other structure shall be erected, altered, or modified, except as expressly permitted in Section 8.12.5, Table I, or except as alterations or modifications of structures existing of the effective date of this bylaw may be permitted pursuant under Section 3.5 of these bylaws.

NOTE: MU = Mixed-use development, Res = Residential only development, Other = all other developments. If not specified, dimensions apply to all developments.

8.12.5, Table I - Dimensional Standards in Main Street Mixed-Use District (MSMD)
Dimension		E1	E2	E3	W1	W2	W3	W4
Height	Max. Flat Roof	MU: 67' Res: 42'	MU: 56' Res: 42'	MU: 56' Res: 42'	MU: 67' Res: 42'	MU: 48' Res: 42'	MU: 48' Res: 42'	MU: 48' Res: 42'
		Other: 48'	Other: 48'	Other: 48'	Other: 48'	Other: 48'	Other: 48'	Other: 48'
	Max. Pitched Roof	MU: 71' Res: 46 Other: 51'	MU: 60' Res: 46 Other: 51'	MU: 60' Res: 46 Other: 51'	MU: 71' Res: 46 Other: 51'	MU: 52' Res: 46 Other: 51'	MU: 52' Res: 46 Other: 51'	MU: 52' ' Res: 46 Other: 51'
	Min. Height	24'	24'	24'	24'	24'	24'	24'
	Max. Stories	MU: 4.5 Res: 3 Other: 2.5	MU: 3.5 Res: 2.5 Other: 2.5	MU: 3.5 Res: 2.5 Other: 2.5	MU: 4.5 Res: 3 Other: 2.5	MU: 3 Res: 2.5 Other: 2.5	MU: 3 Res: 2.5 Other: 2.5	MU: 3 Res: 2.5 Other: 2.5
	Min. Stories	2	2	2	2	2	2	2
	Max. Ground Floor	MU: 14' Res: 12' Other: 14'	MU: 14' Res: 12' Other: 14'	MU: 14' Res: 12' Other: 14'	MU: 14' Res: 12' Other: 14'	MU: 14' Res: 12' Other: 14'	MU: 14' Res: 12' Other: 14'	MU: 14' Res: 12' Other: 14'
Max. Building Footprint		20,000	20,000	20,000	20,000	20,000	20,000	20,000
Min. Building Separation (buildings on same lot)		25'	15'	15'	25'	15'	15'	15'
Max. Uninterrupted facade		80'	80'	80'	80'	80'	80'	80'
Primary Street Activation (min. ground floor active use)		MU: 66% Res: N/A Other: 66%	MU: 66% Res: N/A Other: 66%	MU: 66% Res: N/A Other: 66%	MU: 66% Res: N/A Other: 66%	MU: 66% Res: N/A Other: 66%	MU: 66% Res: N/A Other: 66%	MU: 66% Res: N/A Other: 66%
Secondary Street Activation (min. ground floor active use)		MU: 33% Res: N/A Other: 33%	MU: 33% Res: N/A Other: 33%	MU: 33% Res: N/A Other: 33%	MU: 33% Res: N/A Other: 33%	MU: 33% Res: N/A Other: 33%	MU: 33% Res: N/A Other: 33%	MU: 33% Res: N/A Other: 33%
Primary Street Articulation (min. ground floor transparency)		70%	70%	70%	70%	70%	70%	70%
Secondary Street Articulation (min. ground floor transparency)		MU: 50% Res: 30% Other: 50%	MU: 50% Res: 30% Other: 50%	MU: 50% Res: 30% Other: 50%	MU: 50% Res: 30% Other: 50%	MU: 50% Res: 30% Other: 50%	MU: 50% Res: 30% Other: 50%	MU: 50% Res: 30% Other: 50%
Frontage	Length	50'	50'	50'	50'	50'	50'	50'
	Build-out	Primary front: 75% Secondary front lot line: 50%
	Build-out	Lots with <80' primary frontage: Up to 20' can be unbuilt.
Open Area	Max. Front	Can add facade lengths of multiple buildings and may include usable open area for up to 25% of length of that frontage.
		MU: 50% Res: 60% Other 50%	MU: 50% Res: 60% Other 50%	MU: 50% Res: 60% Other 50%	MU: 50% Res: 60% Other 50%	MU: 50% Res: 60% Other 50%	MU: 50% Res: 60% Other 50%	MU: 50% Res: 60% Other 50%
		>30,000 sq. foot lot must include 500 sq. ft. public open area.
		MU: 10' Res: 15' Other: 15'	MU: 10' Res: 15' Other: 15'	MU: 10' Res: 15' Other: 15'	MU: 10' Res: 15' Other: 15'	MU: 10' Res: 15' Other: 15'	MU: 10' Res: 15' Other: 15'	MU: 10' Res: 15' Other: 15'
	Min. Front	MU: 0' Res: 5' Other: 5'	MU: 0' Res: 5' Other: 5'	MU: 0' Res: 5' Other: 5'	MU: 0' Res: 5' Other: 5'	MU: 0' Res: 5' Other: 5'	MU: 0' Res: 5' Other: 5'	MU: 0' Res: 5' Other: 5'
	Rear	5'	20'	20'	20'	20'	20'	20'
	Min. Side	MU: 0' Res: 10' Other: 10'	MU: 0' Res: 10' Other: 10'	MU: 0' Res: 10' Other: 10'	MU: 0' Res: 10' Other: 10'	MU: 0' Res: 10' Other: 10'	MU: 0' Res: 10' Other: 10'	MU: 0' Res: 10' Other: 10'
	Abutting Res	20'	20'	20'	20'	20'	20'	20'
Setbacks	Abutting SCI	5'	20'	20'	20'	20'	20'	20'
	Parking Front	15'	15'	15'	15'	15'	15'	15'
	Parking Side	5'	5'	5'	5'	5'	5'	5'
	Parking Rear	5'	5'	5'	5'	5'	5'	5'
	Parking Abutting Res	10'	10'	10'	10'	10'	10'	10'
	Parking Location	Must be located behind the plane of the front facade.
	>4 story structure	Min. 10' Max 20'	—	—	Min. 10' Max 20'	—	—	—
Sidewalk Width	12'	12'	12'	12'	12'	12'	12'

Parking Standards. All developments within the MSMD are subject to the provisions of Section 5.1 and Section 5.2 of the Winchester Zoning Bylaw. In the event of any conflict between the provisions of this Section 8.12 and Section 5.1, 5.2, or any other section of the Winchester Zoning Bylaw, the provisions of this Section 8.12 shall take precedence. Parking minimums for the subdistricts within the MSMD are specified in Section 8.12.5, Table II - Parking Minimums in Main Street Mixed-Use District (MSMD)
Use	E1	E2	E3	W1	W2	W3	W4
Residential	0.75/unit	1/unit	1/unit	0.75/unit	0.75/unit	1/unit	1/unit
Commercial	0.75/1,000 square feet	1/1,000 square feet	1/1,000 square feet	0.75/1,000 square feet	0.75/1,000 square feet	1/1,000 square feet	1/1,000 square feet

Electric Vehicles.

At least 20% of all parking spaces, including existing spaces, must be pre-wired for electric vehicle (EV) charging stations, with an additional 20% equipped with active EV charging stations. A minimum of one pre-wired space and one active charging station must be provided on the premises, except when fewer than five parking spaces are available, in which case no charging station is required.

Shared Parking.

Shared parking may be utilized in mixed-use developments where uses have different peak parking demands. Acceptable methods for calculating shared parking reductions include the Urban Land Institute Shared Parking Report or the ITE Shared Parking Guidelines. A shared parking agreement must be executed by all parties, recorded at the Registry of Deeds, and approved by the Planning Board during the site plan review process.

Parking Relief.

The SPGA may grant relief from the required number of parking spaces if it determines that compliance is impractical due to specific site conditions, the nature of the proposed use, or if such relief serves the public interest by mitigating safety or environmental impacts. Relief from parking requirements may also be considered during the site plan review process for developments that incorporate accommodations for alternative modes of transportation. Under no circumstances shall relief be granted from front parking setback requirements.

Bicycle Parking.

A minimum of one bicycle parking space per two residential units and one space per 1,000 square feet of non-residential uses shall be provided. Bicycle parking requirements may be reduced through the site plan review process if deemed excessive for the intended use. For multi-family residential and mixed-use developments with 25 or more units, a covered and secure bicycle parking area must be integrated into the building structure.

8.12.6.

Development Review.

General.

All developments located within the boundaries of the MSMD, as determined by the Winchester Zoning Map, shall require the approval of a development application by the Planning Department and an issuance of a building permit by the Building Department.

By-right Project.

The SPGA may impose reasonable conditions on a project as part of a by-right building permit.

Special Permit.

Projects requiring a special permit within the MSMD shall be subject to the review process outlined in Section 9.4 of the Winchester Zoning Bylaw. The special permit granting authority, as defined in Section 8.12.2(a), is responsible for conducting the special permit review within the MSMD.

Site Plan Review.

Site plan review shall be required for all projects which affect an historical resource (see 8.12.6, Table I), are new construction, change the use of an existing building, expand the floor area of an existing building by more than 25%, or increase the impervious area of a property by 500 square feet or more. Unless otherwise specified, the SPGA is responsible for site plan review.

Applications.

An application for site plan approval, provided by the Planning Department, shall be accompanied by a full digital set and three printed sets of plans to the Planning Board (via the Engineering Office) prepared and submitted in accordance with the procedures outlined herein.

Review Procedure.

Letter of Intent.

The applicant shall submit to the Town Planner a letter of intent (LOI) outlining the preliminary intent, purpose, and goals of the project.

ii.

Pre-application Meeting.

The applicant shall meet with the Town Planner to discuss the project. The Town Planner will coordinate, if appropriate, a pre-application meeting with the SPGA or a joint administrative meeting with representatives of other Town boards, commissions, and departments.

iii.

Neighborhood Meeting.

The applicant shall provide the public with an opportunity to review and discuss a conceptual or schematic design proposal. The applicant shall be responsible for the coordination of the neighborhood meeting.

iv.

Development Application.

The applicant shall submit a development application in accordance with the required submission materials in Section 8.12.4(c), Notice of the acceptance of a completed development application will be issued by the Planning Department within 10 days.

Historical Review.

The Historical Commission shall complete its review and submit their recommendation to the SPGA within 35 days of receipt of an approved development application. See Section 8.12.5 for historical review criteria and procedure.

vi.

Design Review.

The Design Review Committee shall complete its review and submit their recommendation to the SPGA within 35 days of receipt of an approved development application. See Section 8.12.6 for design review criteria and procedure.

vii.

Public Hearing.

The SPGA shall hold a public hearing within 45 days after receiving a completed development application from the Planning Department.

viii.

Decision.

The SPGA shall make a decision to approve, approve with conditions, or deny an application and file that decision with the Town Clerk within 90 days of the closing of the public hearing.

ix.

Appeal.

Any person aggrieved by an SPGA decision regarding a decision may appeal to a court of competent jurisdiction as set forth in MGL c 40A, § 17.

Certificate of Decision.

After the time period for an appeal has expired, the applicant may retrieve a certified copy of the decision from the Town Clerk.

Submission Requirements.

Project Narrative

summary of the purposes and intents of the project, the planned uses, the development phasing strategy, if any, and how the proposed project meets Town and MSMD objectives.

ii.

Existing Conditions Plan

stamped by a registered land surveyor licensed in the Commonwealth of Massachusetts, showing the site and including the location of surveyed property line boundaries and property ownership, division of the land into lots, easements, curb cut locations, utility information, delineated wetlands boundaries as approved by the Conservation Commission, topography at two-foot contour intervals, 100-year floodplain contour, Rivers Protection Act and Wetlands Protection Act buffer zone boundaries, general location of vegetated areas, and footprints of existing buildings, structures, and paved or otherwise previously developed areas. The scale shall be one inch = 40 feet. The applicant shall also show, unless waived by the SPGA after consultation with the Town Engineer, surrounding context within at least 400 feet of the site including property line boundaries, property owner.

iii.

Site Development Plan

illustrating the proposed buildings, parking facilities, roadways, driveways, easements, bikeways, walkways, sidewalks, access ways, required setbacks, site grading at two-foot contour intervals, finished floor elevations, parking, landscaping, open space areas and calculations, off-site improvements, delineated wetland boundaries, and land subject to the Rivers Protection Act and Wetlands Protection Act. The scale shall be 1 inch = 40 feet.

iv.

Building Development Program

describing the buildings and their uses by square footage, the phasing of such uses if any, and the parking facilities and parking space counts devoted to such uses.

Phasing Plan

identifying the general scope and location of the individual phases to be developed and providing sufficient information to evaluate the total build-out of the site.

vi.

Visual Plans

depicting the project, including:

•	Conceptual Ground Floor Architectural Plan for major buildings and structures at a scale of 1/8 inch = 1 foot;
•	Building Elevations for major buildings and structures, including appurtenances on the roof, at a scale of 1/8 inch = 1 foot;
•	Streetscape Plan for major buildings and structures showing the pedestrian pathways, landscaping, street furniture, street trees, lighting, signage, and screening methods, at a scale of 1/8 inch = one foot;
•	Three-Dimensional Bird's-Eye Perspective View(s) showing approximate massing, bulk, and height of buildings, including surrounding context; additionally, the SPGA may require three-dimensional models to be provided by the petitioner;
•	Eye-Level Perspective View(s) showing site and buildings with their immediate context as seen from major public vantage points such as adjacent major public streets and abutting neighborhoods, with the building materials clearly visible; and
•	Mockup(s) showing proposed exterior building materials which contribute to the design of the building, such as but not limited to, wall cladding, roofing, windows treatments, and door materials, at a 4'x4' scale.

vii.

Traffic, Circulation, Parking, and Transportation Demand Management Plan

describing (1) anticipated traffic demand and flows generated and attracted by the project; proposed locations and alignments of drives, drop-offs, curb cuts, parking, signage, pedestrian paths, sidewalks, bike paths, and easements for public access; (2) identifying impacted intersections, existing and projected levels of service and a summary of proposed mitigation, including off-site improvements; and (3) a Transportation Demand Management Plan including parking management policy, car and/or van pool programs, and bikeway access and bike parking provisions.

viii.

Conservation Lands and Natural Resources, Plan

showing the location of open space, conservation lands, natural resources, and vegetation, and describing plans to add, change, or preserve open space, conservation lands, natural resources, and vegetation.

ix.

Landscaping Plan

depicting the project, including:

•	Open Space Plan showing the location, size, layout and purpose of all open spaces, including parks, plazas, courtyards, streetscape, and parking lots and how they connect to the overall site and adjacent properties;
•	Planting Plan showing the types, sizes, and locations of all proposed trees, including street trees, shrubs, ground cover, and other plantings on the site; and
•	Hardscape Plan showing walkways, patios, plazas, retaining walls, driveways, and other paved surfaces.

Historic Conservation and Preservation Plan

showing the location of existing historic properties and resources and describing plans to tear down, move, modify, repair, maintain or reuse historic properties and resources. All applicants submitting a project application in the MSMD that includes or affects an historic resource shall include in their application:

•	Massachusetts Historical Commission Form B if applicable; and
•	Scheme showing a plan in which the historic resource is preserved and integrated into new construction.

xi.

Utilities Plan

showing the location of proposed utilities and describing their capacity to meet or exceed applicable standards. The maximum scale shall be one inch = 40 feet.

xii.

Stormwater Management and Flood Mitigation Plan

showing anticipated drainage patterns; stormwater management facilities; flood mitigation measures; and a description of the plan's ability to meet or exceed applicable standards, including a calculation of required and proposed compensatory flood storage, as well as drainage calculations comparing pre- and post-development runoff rates and volumes. The maximum scale shall be 1 inch = 40 feet.

xiii.

Housing Plan

showing the size, number, and approximate price of all units shall be stated in order to determine if the proposed housing portion of the project meets the goals of Winchester's Housing Production Plan, which aims to provide a diversity of housing types to enable persons and households from a wide range of ages, economic levels and cultures to live within the MSMD.

xiv.

Any other submission requirement that the Planning Board might include in its regulations promulgated pursuant to Section 8.12.5(a).

Submission Waivers.

The SPGA may waive or request additional submission materials at its discretion, requiring only what is appropriate to the project's scale and potential impact. If a waiver is granted, the SPGA must ensure it serves the public interest, aligns with the purpose and intent of the MSMD, and provide specific reasons in the approval decision. An applicant may request a waiver by submitting the following:

A written request to the SPGA prior to the submission of a development application that identifies the specific provision of these regulations for which the waiver is requested; and

ii.

A narrative statement explaining how granting the waiver would be in the public interest and consistent with the intent and purpose of the Zoning Bylaw.

Approvals.

When conducting a site plan approval, the Planning Board shall consider the application in light of the following criteria and any other criteria that the Planning Board might include in its regulations promulgated to Section 8.12.5.1.

Pedestrian, Vehicular, and Emergency Access and Circulation.

The site design must ensure efficient traffic circulation, safe pedestrian access, and clear routes for emergency vehicles. Traffic flow within and around the development should be organized to minimize congestion and provide smooth access to adjacent streets and whenever feasible, the sharing of parking access between adjacent properties shall be encouraged. Pedestrian pathways must be well-planned, prioritizing safety with designated crosswalks and clear walking areas. Additionally, the layout should include unobstructed access for emergency vehicles, ensuring they can quickly reach all areas of the site in case of an emergency.

ii.

Loading and Service Areas.

Off-street loading facilities must be visually screened from public ways or open spaces, with vehicular access provided on-site rather than directly from the street across sidewalks. Building service access shall not be located between the front facade and front lot line unless deemed impractical and approved during the site plan review process. Trash and recycling service areas must be fully enclosed within a building, located inside, or rear yards within locked enclosures, ensuring full screening from public ways and adjacent properties in residential districts.

iii.

Screening and Minimizing Impact of Parking.

The site plan must provide designated off-street loading and unloading areas that accommodate service vehicles without disrupting traffic flow or pedestrian safety. These areas should be positioned in locations that prevent congestion and maintain efficient site operations, especially for commercial developments where deliveries are frequent. Parking areas and related structures must be visually screened from neighboring properties and streets using walls, fences, or plantings to create a visual barrier.

iv.

Screening of On-site Equipment.

On-site equipment such as transformers and condensers, shall be located behind or along the side of buildings, unless approved otherwise during the Site Plan Review process, and shall be visually screened from public ways by landscaping, fencing, or site walls that are architecturally compatible with the building.

Streetscape, Landscape, and Site Design.

The development must include well-planned landscaping that integrates with the streetscape, including street trees, green spaces, furniture, and pedestrian-friendly features. Site design should create a cohesive and inviting environment that complements the surrounding area while providing practical amenities and employ best practices for sustainable site design whenever possible. Attention to details such as street furniture, lighting, and pathways helps to create a welcoming atmosphere for pedestrians and integrates the site seamlessly with its context.

vi.

Stormwater Drainage and Flood Mitigation.

The site design must manage stormwater drainage and mitigate flood risks, supported by a professional engineering report and reviewed by the Town Engineer. On-site infiltration should be prioritized to prevent excess water runoff, erosion, and localized flooding. The engineering analysis should assess the site's topography, nearby water bodies, and potential flood hazards, ensuring that the drainage system can handle storm events without impacting surrounding properties or municipal infrastructure through the use of pervious materials, infiltration trenches, landscaping, including internal landscaping in parking areas, and rain gardens.

vii.

Signage and Exterior Lighting.

All signage and exterior lighting should be designed in a manner that complements the surrounding environment and does not cause visual or light pollution. Signage must be appropriately scaled, legible, and in harmony with the design of the building and neighborhood. Exterior lighting should be energy-efficient and directed in a way that minimizes glare, ensuring safety while maintaining the area's aesthetic.

viii.

Preserving Historical Significance.

The development must focus on preserving existing historic structures, vistas, and natural features within and around the site. Any construction should respect the architectural and cultural significance of nearby historic buildings and maintain the visual landscape that contributes to the area's heritage.

ix.

Development Character.

The development must align with the character of the MSMD and the Town, ensuring it fits into the existing architectural landscape. This includes respecting the architectural and site design elements of district and town structures, landscapes, streetscapes, and open areas.

Concurrent Reviews.

When both a special permit and site plan review are required, they shall be considered concurrently. When a design review and a historical review are required, they shall be considered concurrently.

Conditions.

The SPGA shall have the authority to approve, approve with conditions, or deny any site plan application within the MSMD. The SPGA may approve a site plan if the proposed project complies with all applicable zoning regulations, design standards, and review criteria, and is determined to contribute positively to the district's objectives, including compatibility with adjacent uses and enhancement of the public realm. The SPGA may impose reasonable conditions on any approval to ensure compliance with the bylaw's standards or to mitigate potential impacts. If the proposed project fails to meet these requirements, the SPGA may deny the application with written findings explaining the basis for denial.

Historical Review.

All developments or redevelopments in the MSMD which propose a change to, or demolition of, an historical resource (see 8.12.6, Table I and 8.12.6, Map I) shall be reviewed by the Historical Commission and are subject to the terms of Chapter 14 of the Winchester Code of Bylaws. The proposed demolition of a building shall be reviewed for historical significance in accordance with Chapter 14, Section 3 of the Town Bylaws and subject to the procedures therein.

8.12.6, Table I - Historically Significant Structures in the MSMD
2 Richardson Street	815 Main Street	905 Main Street
4-6 Skillings Road	823 Main Street	907 Main Street
10 Skillings Road	826-828 Main Street	910 Main Street
724 Main Street	831 Main Street	924-926 Main Street
735-737 Main Street	834 Main Street	934 Main Street
778 Main Street	844-846 Main Street	940-942 Main Street
805 Main Street	848 Main Street	968 Main Street
807 Main Street	872-880 Main Street	1004 Main Street
808-810 Main Street	881-889 Main Street
809-811 Main Street	890-892 Main Street
812-814 Main Street	891-893 Main Street
898 Main Street	895-897 Main Street
910 Main Street	898 Main Street

8.12.6, Map I

Design Review.

All projects which an exterior building permit is required, including site plan review and special permit, are subject to a design review. The Design Review Committee (DRC) shall be the advisory board to the SPGA for design review. The DRC shall evaluate each project based on its architectural design, scale, density, setbacks, and use of materials to ensure compliance with the design standards set forth in the regulations promulgated pursuant to Section 8.12.5.1. The review will also consider the relationship of the building to the public realm, including streets, open spaces, and neighboring properties, fostering a cohesive and inviting environment. Applicants shall submit architectural plans and supporting materials, and the DRC's findings will be included in the site plan review process. Recommendations from the design review will be documented in writing and submitted to the SPGA. The SPGA is the arbitrator for any conditions on the project resulting from the DRC's recommendations. The review will be made based on the following criteria.

Height.

Height and bulk of buildings should be configured to minimize their visual dominance, the extent of cast shadows, and undesirable alterations of air currents affecting the public street and open space system, bordering neighborhoods and adjacent new or planned development.

Scale.

Projects must relate to human dimensions and provide a sense of intimacy in all aspects of design from building concept development to construction details. Of particular importance are the treatments of the ground plane and other parts of the projects that can be seen and experienced directly by users.

Massing.

Regardless of any preconceived development configuration for any particular use, new development is expected to reinforce the MSMD's existing street pattern; to break down any building type's typical massing to relate to the historic character and mass of the MSMD; and to avoid a monolithic appearance.

Setbacks.

Setbacks must be consistent with the surrounding context, ensuring that building placement aligns with adjacent structures to create a cohesive streetscape. Setbacks should maintain pedestrian- friendly spaces, allowing for landscaping, street trees, street furniture, and clear sightlines while enhancing the building's relationship with public ways. Variations in setbacks may be permitted if they contribute to an engaging facade, provide opportunities for open space, or improve pedestrian access, circulation, and safety.

Details. Development bordering the public domain must be rich in architectural details, pay special attention to the ground plane and silhouette, and convincingly incorporate appropriate imagery depending on project location. Overall form and individual elevations must be designed to emphasize human scale and presence through the use of properly proportioned features, including but not limited to punched windows, lateral-arm awnings, balconies, setbacks, passageways, etc. All developments must comply with the design standards set forth in the regulations promulgated pursuant to Section 8.12.5.1.

Additional Consultation.

The SPGA may consult with other boards, commissions, and departments — including, but not limited to, the Historical Commission, Design Review Committee, Disability Access Commission, and Conservation Commission — to ensure a comprehensive site plan review, special permit, design review, or historical review. The SPGA may utilize M.G.L. Chapter 44, Section 53G for the retention and payment of peer review consultants.

Expectation of Timeliness.

The SPGA shall ensure that all reviews are completed in a timely manner. If no decision or scheduled continuation is provided by any permit granting or advisory board within the timeframes set in 8.12.6.4(b), an applicant's complete development application, it shall be deemed as no opposition to the project.

8.12.7.

Inclusionary Housing.

Requirements.

All projects in the MSMD that include a housing component shall have affordable units on the project site as follows.

10% of the dwelling units within a project that have six or more dwelling units shall be affordable according to 760 CMR 56;

10% of dwelling units within a project that have 25 or more dwelling units shall be affordable according to 760 CMR 56, and 5% of the dwelling units within a project that have 25 or more dwelling units shall be affordable to middle income applicants (80% to 100% of Boston Area Median Income); and

If the number of affordable units calculated contains a decimal, the number of units shall be rounded up for values between 0.5 and 0.99.

Incentives.

An applicant may, with a special permit from the SPGA, reduce the number of required parking spaces by up to 0.25 space/unit, and/or increase the buildable footprint by 20% if more than the required affordable units are constructed.

Payment in Lieu of On-Site Affordable Units.

The SPGA, after comments have been received from a review from the Housing Partnership Board, may allow the applicant to pay a fee in lieu of providing on-site affordable units if the SPGA determines that: It is in the best interest of the Town to do so; and the provision of affordable units would render the project economically infeasible. If no report is received by the SPGA from the Housing Partnership Board within 35 days from the time of a complete filing from an applicant, it shall be deemed a lack of opposition to the payment in lieu of on-site affordable units. The payment shall be made into the fund dedicated for the purposes of affordable housing administered by the Select Board.

Subsidized Housing Inventory.

Affordable units (as defined under 760 CMR 56) shall be deed restricted and shall remain affordable to and occupied by an income eligible household (for household incomes at 80% of the Boston AMI or lower) and shall be eligible for inclusion on the Subsidized Housing Inventory as set forth in 760 CMR 56.

Administration.

Unless otherwise specified, the SPGA, with guidance from the Housing Partnership Board and the Select Board as stated here within, is responsible for the administration of inclusionary housing.