Winchester City Zoning Code
SECTION 7
0 SPECIAL RESIDENTIAL REGULATIONS
7.1 Affordable Housing Incentives.
In order to assist in the provision of affordable housing in Winchester, the Board of Appeals may grant a special permit consistent with the criteria established in Sections 9.4 of this Bylaw to increase the density of projects in the Apartment House RB-20, Multiple Family RA-120, PRD Districts and in Multiple Use Developments.
7.1.1.
Apartment House Residential Districts B (RB-20).
The Board of Appeals may grant an increase in density above the allowed maximum of 20 dwelling units per acre to a maximum special permit density of 50 units per acre given the following conditions:
1.
The applicant must designate at least 30 percent of the total number of units for use in conjunction with one or more state or federal housing assistance programs. For purposes of this Bylaw, any calculation of required affordable housing units that results in the fractional or decimal equivalent of one half or above shall be increased to the next highest whole number.
2.
The applicant shall be eligible to receive compensation for all designated units commensurate with the state or federal program(s) employed. However, given an agreement between the applicant and the Planning Board a specific number of units, but less than the 30 percent required as noted above, can be transferred directly to the Housing Authority for affordable housing purposes.
3.
The applicant shall certify in writing to the Board of Appeals that the appropriate number of dwelling units shall be set aside to be conveyed to the Winchester Housing Authority consistent with the requirements of the state or federal programs employed before the Board of Appeals may grant a special permit for an increase in project density.
4.
In instances where the state and federal program entails a home ownership provision said units shall be sold directly from the applicant to the buyer consistent with the state or federal guidelines for such a sale. Further, the units sold by the applicant shall be counted towards the total number of affordable housing units required by the Planning Board.
5.
In the instance where the Board of Appeals determines that the use of federal or state housing assistance programs will not be available in a timely fashion to be used in conjunction with the affordable housing incentives of this Bylaw the Board of Appeals may allow alternative methods of meeting the affordable housing requirements. One such method that the Board of Appeals may employ shall be to require the applicant to pay a fee in lieu of providing affordable dwelling units to the Housing Authority. Said fee shall be seven ($7.00) dollars per gross square foot for all project structures excluding uninhabitable basements, parking and recreation areas. The payment in lieu shall be made into the Winchester Affordable Housing Fund administered by the Select Board. Said payment shall be made in full before the granting of the first occupancy permit by the Building Inspector.
7.1.2.
Multiple Family Residential District A (RA-120).
The Board of Appeals may grant an increase in density above the maximum of three (3) dwelling units per acre to a maximum special permit density of eight (8) units per acre given the following conditions:
1.
The applicant must designate at least 15 percent of the number of additional units being requested by special permit for use in conjunction with one or more state or federal housing assistance programs. In no instance shall any special permit approval create less than one affordable housing unit, and for purposes of this By-law any calculation of required affordable housing units shall result in the fractional or decimal equivalent of one half or above shall be increased to the next highest whole number.
2.
The applicant shall be eligible to receive compensation for all designated units commensurate with the state or federal program(s) employed. However, given an agreement between the applicant and the Planning Board a specific number of units, but less than the 15 percent required as noted above, can be transferred directly to the Housing Authority for affordable housing purposes.
3.
The applicant shall certify in writing to the Board of Appeals that the appropriate number of dwelling units shall be set aside to be conveyed to the Winchester Housing Authority consistent with the requirements of the state and federal programs employed before the Board of Appeals may grant a special permit for an increase in project density.
4.
In the instance where the Board of Appeals determines that the use of federal or state housing assistance programs will not be available in a timely fashion to be used in conjunction with the affordable housing incentives of this Bylaw the Board of Appeals may propose alternative methods of meeting the affordable housing requirements. One such method that the Board of Appeals may employ shall be to require the applicant to pay a fee in lieu of providing affordable dwelling units to the Housing Authority. Said fee shall be seven ($7.00) dollars per gross square foot for all project structures excluding uninhabitable basements, parking and recreational areas. The payment in lieu shall be made into the Winchester Affordable Housing Fund administered by the Select Board. Said payment shall be made in full before the granting of the first occupancy permit by the Building Inspector.
7.1.3.
Planned Residential District (PRD).
The Board of Appeals may grant an increase in density above the maximum of two (2) dwelling units per acre to a maximum special permit density of three (3) units per acre given the following conditions:
1.
The applicant must designate at least 15 percent of the number of additional units being requested by special permit for use in conjunction with one or more state or federal housing assistance programs. In no instance shall any special permit approval create less than one affordable housing unit, and for purposes of this By-law any calculation of required affordable housing units shall result in the fractional or decimal equivalent of one half or above shall be increased to the next highest whole number.
2.
The applicant shall be eligible to receive compensation for all designated units commensurate with the state or federal program(s) employed. However, given an agreement between the applicant and the Planning Board a specific number of units, but less than the 15 percent required as noted above, can be transferred directly to the Housing Authority for affordable housing purposes.
3.
The applicant shall certify in writing to the Board of Appeals that the appropriate number of dwelling units shall be set aside to be conveyed to the Winchester Housing Authority consistent with the requirements of the state and federal programs employed before the Board of Appeals may grant a special permit for an increase in project density.
4.
In the instance where the Board of Appeals determines that the use of federal or state housing assistance programs will not be available in a timely fashion to be used in conjunction with the affordable housing incentives of this Bylaw the Board of Appeals may propose alternative methods of meeting the affordable housing requirements. One such method that the Board of Appeals may employ shall be to require the applicant to pay a fee in lieu of providing affordable Dwelling units to the Housing Authority. Said fee shall be seven dollars ($7.00) per gross square foot for all project structures excluding uninhabitable basements, parking and recreational areas. The payment in lieu shall be made into the Winchester Affordable Housing Fund administered by the Select Board. Said payment shall be made in full before the granting of the first occupancy permit by the Building Inspector.
7.3 Center Business District (CBD).
7.3.1.
Purpose.
The purposes of the Center Business District (CBD) regulations are to:
1.
Ensure the economic vitality and vibrancy of Winchester’s town center;
2.
Enhance the commercial and residential tax base within the CBD;
3.
Improve and reinforce the livability and aesthetic qualities of the town center;
4.
Promote and protect Winchester center’s historic resources and small town character while encouraging selective development to promote “smart growth;”
5.
Promote more diverse housing alternatives to accommodate the various population needs of the Winchester community and to support business activity;
6.
Provide for an expanded mix of allowable land uses where public transportation and public services are in close proximity to housing and retail services;
7.
Create a more efficient and effective permitting process for the CBD.
7.3.2.
Authority.
The CBD Zoning bylaw applies to properties within the Center Business District as defined in the Winchester Zoning Bylaw (Bylaw) and shown on the Official Winchester Zoning Map. The Map is available at the Winchester Town Clerk’s Office, the Town Planner’s Office, and the Building Commissioner/Zoning Enforcement Officer’s Office.
7.3.3.
Conflicting Provisions.
If the provisions of the CBD bylaw are in conflict with any other section of the Winchester Zoning bylaw, the CBD bylaw shall govern.
7.3.4.
Existing Development.
Any existing use, lot, building or other structure legally established prior to the effective date of the CBD bylaw that does not comply with any provision of this bylaw shall be subject to the provisions of Section 3.5 Nonconforming Uses and Structures.
7.3.5.
Administration.
Within the CBD, the Planning Board shall serve as the Special Permit Granting Authority (SPGA) and will conduct site plan review and design review as described in Section 7.3.15 for.
1.
By-right project site plan review and design review (see Section 7.3.15);
2.
Uses authorized by special permit (see Section 7.3.11);
3.
Any building proposed that exceeds the by-right height limit, Floor Area Ratio, or Setback modifications by special permit noted in Sections 7.3.12 and 7.3.13;
4.
Parking reductions authorized by special permit in Section 7.3.20.3; and
5.
Planned Unit Developments (see Section 7.3.14).
7.3.6.
Pre-Application Meeting.
Prior to submitting a building application for a project in the CBD, 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. The purposes of the pre-application process are to inform the applicant of Town objectives as they relate to the applicant’s site, and to answer questions and concerns in order to streamline the review process and conserve engineering, design and legal fees for applicants.
7.3.7.
Permitting Process.
The steps in the review and permitting process are outlined below:
• Pre-Application Meeting with Town Planner;
• Apply for Special Permit (for dimensional or other relief) or Building Permit for exterior work only;
• Design Review; and
• Site Plan Review (if necessary) at Planning Board Hearing.
7.3.8.
Rules.
Pursuant to MGL c. 40A, §9A, the Planning Board shall adopt rules relative to implement this Section 7.3, and may include existing building design standards, new construction design standards, submission requirements and fees.
7.3.9.
Appeals.
Any person aggrieved by an SPGA decision regarding a special permit or a site plan review decision under this Section 7.3 may appeal to a court of competent jurisdiction as set forth in MGL c 40A, §17.
7.3.10.
Establishment of Center Business District and Areas.
7.3.10.1.
Boundaries.
The boundaries of the CBD are delineated in Map 7.3.1 below. Only properties located within this boundary will be subject to the provisions of this Section 7.3.
7.3.10.2.
Areas.
The CBD is divided into areas as shown on Map 7.3.1. The purpose in defining the areas is to allow variation in zoning regulation across the CBD that accommodates a range of future uses and developments that are compatible with existing uses and buildings in each area. The current character and intended future character of each area are as follows:
1.
East Core.
Characteristics to consider: Three main downtown streets; waterfront; Greek Revival, Queen Anne and Colonial Revival architecture; railroad station and viaduct adjacency; and generally 2- to 2.5-story buildings.
Zoning of the East Core area is intended to promote and accommodate a mix of uses and to encourage retail, restaurant and service uses on the ground floor and office and residential uses on the upper floors. Buildings have minimal to moderate street frontages, resulting in small shops or, where a larger frontage exists, a larger building frontage being divided into several shop frontages. The result is an intimate pedestrian experience, with buildings having sufficient ground floor glass area to promote a strong interior/exterior relationship.
2.
Town Common.
Characteristics to consider: One and a half main downtown streets; Town Common; Second Empire, Shingle Style, Colonial Revival and Art Deco architecture; railroad station and viaduct adjacency; and generally 2- to 2.5-story buildings.
Zoning of the Town Common area is intended to accommodate a mix of uses around the rotary and Town Common. This district encourages retail, restaurant and service uses on the ground floor and office and residential uses on the upper floors. Buildings are to be set close to the street, emphasizing the pedestrian and retail nature of the frontage.
3.
North Core.
Characteristics to consider: One main downtown street; railroad spur edge; mixed-use commercial brick block; viaduct adjacency; 100-year flood plain, and generally 1- to 3-story buildings.
Zoning of the North Core area is intended to accommodate a mix of uses along Main Street north ofthe rotary; however, thisdistrict is unique in that it is within a 100-year floodplain. While retail, restaurant and service uses on the ground floor are encouraged, the buildings shall be designed in accordance with the National Flood Insurance Program (NFIP) regulations. Mixed-use buildings that do not have a residential component on the ground floor shall follow the regulations for a non-residential building. Mixed-use buildings that have a residential component on the ground floor shall follow the regulations for a residential building. Frontages will be similar to those in existing districts but could be larger due to redevelopment opportunities.
4.
Museum.
Characteristics to consider: Connects to photography museum and Winchester High School; enclave of mid to late 19th century frame houses, some Greek Revival, dating from the years prior to the town's incorporation; and generally 1.5- to 3-story buildings.
Zoning of the Museum area is intended to accommodate a mix of uses. The Museum area encourages retail, restaurant and service uses on the ground floor and office and residential uses on the upper floors. Buildings may be set back from the street and development may be less intense than in East or North Core areas.
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7.3.11.
Uses.
[STM Art. 4, 5/2/2016]
7.3.11.1.
General.
The allowed uses within each CBD area are specified in the Table of CBD Use Regulations. Uses that are not included in the table are not permitted within the CBD. Ground floor uses may extend into the basement, and accessory uses for any floor may extend to the basement.
For parcels 25,000 square feet and larger, more than one principal building and use is permitted by Special Permit.
7.3.11.2.
Symbols.
The symbols employed in the Table of CBD Use Regulations shall mean the following:
Y | Permitted as of Right |
N | Prohibited |
SP | Permitted by a special permit from the SPGA |
G | Ground floor and |
U | Upper floors |
7.3.11.3.
Table of CBD Use Regulations.
Uses | Areas | |||||||
|---|---|---|---|---|---|---|---|---|
Group I Residential Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Dwelling, single family | N | N | N | N | N | N | Y | - |
Dwelling, two family | N | N | N | N | N | N | Y | - |
Garden apartment house1 | SP | Y | SP | Y | SP | Y | SP | Y |
Town house or dwelling, multiplefamily1 | SP | Y | SP | Y | SP | Y | SP | Y |
Apartment house1 | SP | Y | SP | Y | SP | Y | SP | Y |
Group II – Educational, Institutional, Recreational and Agricultural Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Use of land or structures for educational purposes on land owned or leased by the Commonwealth or by a religious sect or denomination or by a nonprofit educational corporation | Y | Y | Y | Y | Y | Y | Y | Y |
Child care center | Y | Y | Y | Y | Y | Y | Y | Y |
Use of land or structures for religious purposes on land owned or leased by a religious sect or denomination | Y | Y | Y | Y | Y | Y | Y | Y |
Library or museum | Y | Y | Y | Y | Y | Y | Y | Y |
Public park, playground, or other public recreation facility | Y | - | Y | - | Y | - | Y | - |
Reservation or other conservation area | Y | - | Y | - | Y | - | Y | - |
Private club or lodge | SP | Y | SP | Y | SP | Y | SP | Y |
Philanthropic or charitable institution Orphanage | N | SP | N | SP | N | SP | N | SP |
Group III – Government and Public Service Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Essential services | SP | SP | SP | SP | SP | SP | SP | SP |
Municipal administration building, fire or police station2 | Y | Y | Y | Y | SP | SP | N | N |
Water supply/sewage disposal facilities | Y | - | Y | - | Y | - | Y | - |
Television receiver-only antenna not over thirty (30) feet | N | SP | N | SP | N | SP | N | N |
Television studio located within a municipal building | Y | Y | Y | Y | SP | SP | N | N |
Temporary public event | Y | - | Y | - | Y | - | Y | - |
Group IV – Commercial Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Retail store for the sale of merchandise where all display and sales are conducted within a building3 | Y | Y | Y | Y | Y | Y | Y | Y |
Personal service establishment | Y | Y | Y | Y | Y | Y | Y | Y |
Lunch room, restaurant, cafeteria, or similar for serving food or beverages, except diner or lunch cart, to persons inside the building | Y6 | SP6 | Y6 | SP6 | Y6 | SP6 | Y6 | SP6 |
Fast food restaurant | SP | N | SP | N | SP | N | SP | N |
Fast food restaurant, less than thirty (30) seats | Y | N | Y | N | Y | N | Y | N |
Indoor commercial amusement /indoor assembly use | SP | SP | SP | SP | SP | SP | SP | SP |
General service establishment | Y | Y | Y | Y | Y | Y | Y | Y |
Trade shop | Y | Y | Y | Y | Y | Y | Y | Y |
Bank/automatic teller machine (ATM)3 | Y | Y | Y | Y | Y | Y | Y | Y |
Business or professional office4 | Y | Y | Y | Y | Y | Y | Y | Y |
Medical or dental laboratory | N | Y | N | Y | N | Y | N | Y |
Medical or dental office,center5 | Y | Y | Y | Y | Y | Y | Y | Y |
Commercial parking lot or parking garage | SP | SP | SP | SP | SP | SP | N | N |
Commercial green-house or stand | Y | Y | Y | Y | Y | Y | Y | Y |
Trade, professional or other school conducted as a gainful business | SP | Y | N | Y | N | Y | N | Y |
Health and fitness studio, including yoga, gym, etc. | SP | Y | SP | Y | SP | Y | SP | Y |
Art gallery | Y | SP | Y | SP | Y | SP | Y | SP |
Artist studio | Y | Y | Y | Y | Y | Y | Y | Y |
Bed and breakfast | SP | Y | SP | Y | SP | Y | Y | Y |
Conversion of office to residential uses | SP | Y | SP | Y | SP | Y | SP | Y |
Mixed uses | Y | Y | Y | Y | Y | Y | Y | Y |
Group V - Industrial Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Wireless communication facilities (See Section 8.4) | SP | SP | SP | SP | SP | SP | SP | SP |
Adult uses (See Section 8.3.3) | N | SP | N | N | N | N | N | SP |
Group VI-Accessory Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Professional/ service office in a dwelling unit | N | Y | N | Y | N | Y | Y | Y |
Family day care, small | Y | Y | Y | Y | Y | Y | Y | Y |
Family day care, large | SP | Y | SP | Y | SP | Y | SP | Y |
Group VII – Nonresidential Accessory Usesxs | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Outdoor parking of commercial vehicles | SP | - | SP | - | SP | - | SP | - |
Retail uses incidental to manufacturing | N | N | N | N | N | N | N | N |
Retail uses incidental to the operation of schools and nonprofit institutions | Y | Y | Y | Y | Y | Y | Y | Y |
Group VIII – General Accessory Uses | East Core | Town Common | North Core | Museum | ||||
G | U | G | U | G | U | G | U | |
Removal of clay, etc., but not sod, etc., for the excavation for construction of driveways, etc. | Y | - | Y | - | Y | - | Y | - |
Roof-mounted dish antennas two (2) feet or smaller in diameter | - | Y | - | Y | - | Y | - | Y |
Dish antennas greater than two (2) feet in diameter | N | SP | N | SP | N | SP | N | SP |
Table Notes: |
1 Y if located on a secondary street or in a courtyard; entrances for residential use permitted on ground floor. |
2 Additional special permit required for underground fuel tanks. |
3 First floor frontage limited to twenty-five (25) feet; ATM frontage limited to twelve (12) feet. |
4 A minimum of 70 percent of the front ground floor building façade to be transparent windows. |
5 First floor frontage limited to twenty-five (25) feet. |
6 The serving of food outside of the building to be allowed via special permit. |
7.3.12.
Dimensional Requirements.
7.3.12.1.
East Core.
1.
Height: See Map 7.3.2 below for height limits by parcel;
2.
Maximum Floor Area Ratio: 1.5 by-right, up to 2.5 with special permit;
3.
Front Setback: Property line (0 feet); up to 10 feet with special permit;
4.
Minimum Side Setback: Party wall unless bordering a free-standing historic structure, and if so, 5 feet;
5.
Minimum Rear Setback: 20 feet; 15 feet with special permit;
6.
Minimum Open Space: 10 percent. If open space is at least 20 percent (not including required Wetlands Protection Act buffer zone requirements), 15 percent of which is usable and abuts a lake, river, pond or stream, height may be increased by 10 feet through a Special Permit; and
7.3.12.2.
Town Common.
1.
Height: See Map 7.3.2 below for height limits by parcel;
2.
Maximum Floor Area Ratio: 1.5 by-right, up to 2.5 with special permit;
3.
Front Setback: Property line (0 feet); up to 10 feet with special permit for entryway to main commuter rail egress;
4.
Minimum Side Setback: Party wall unless bordering a free-standing historic structure, and if so, 5 feet;
5.
Minimum Rear Setback: 20 feet; 15 feet with special permit;
6.
Minimum Open Space: 10 percent. If open space is at least 20 percent (not including required Wetlands Protection Act buffer zone requirements), 15 percent of which is usable and abuts a lake, river, pond or stream, height may be increased by 10 feet through a Special Permit; and
7.3.12.3.
North Core.
1.
Height: See Height Map 7.3.2 below for height limits by parcel; If a parking facility is located within or beneath the building, height may be increased to the maximum height for its height zone through a Special Permit;
2.
Maximum Floor Area Ratio: 1.5 by-right, up to 2.5 with special permit;
3.
Front Setback: Property line (0 feet); up to 10 feet for required ramp system with special permit;
4.
Minimum Side Setback: Party wall unless bordering a free-standing historic structure, and if so, 5 feet;
5.
Minimum Rear Setback: 20 feet; 15 feet with special permit;
6.
Minimum Open Space: 20 percent. If open space is more than 20 percent (not including required Wetlands Protection Act buffer zone requirements), 15 percent of which is usable and abuts a lake, river, pond or stream, height may be increased by 10 feet through a Special Permit; and
7.3.12.4.
Museum.
1.
Height: See Map 7.3.2 below for height limits by parcel;
2.
Maximum Floor Area Ratio: 1.0 by-right, up to 1.75 with special permit;
3.
Front Setback: 5 feet, up to 15 feet with special permit;
4.
Minimum Side Setback: 15 feet;
5.
Minimum Rear Setback: 30 feet; 20 feet with special permit;
6.
Minimum Open Space: 20percent; and
7.3.13.
Height Limits.
 |
7.3.13.1.
Height Map.
The by-right permitted heights of structures are shown on the Height Map 7.3,2, above. The Height Map is established as part of the CBD regulations and made a part of the Official Zoning Map. The Height Map establishes height zones that set maximum heights for specific properties. If a building spans two or more height zones, the owner of such a building may follow any of the height zone requirements the building spans.
7.3.13.2.
Measurement of 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, as illustrated in the Figure 7.3.1 below. 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 roof line:
Figure 7-3.1 Measurement of Building Height |
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7.3.13.3.
Height Exceedance.
The maximum height of a structure shall not exceed the distance in feet as set forth in the Height Map 7.3.2 above except under the following conditions: The heights in the Height Map 7.3.2 do not apply to domes, towers or spires of buildings, provided such features are in no way used for living purposes. Chimneys may exceed the maximum building height by 15 feet. Heating, ventilation and air conditioning equipment, solar panels, elevator overrides and the necessary screening may exceed the maximum building height by four (4) feet or the minimum height required by the State Building Code if greater.
[STM Art. 8, 5/6/2019]
7.3.13.4.
Dormers.
Dormers are allowed, provided that they meet the following standards:
1.
A dormer ridge or roofline may not extend above the primary roof ridge;
2.
A shed dormer face may not exceed 8 feet in width, and a gable dormer face may not exceed 10 feet in width. No dormer can exceed 50 percent of the wall plane length, whichever is less;
3.
More than one dormer is acceptable on a wall plane, but the total combined dormer face width cannot exceed 50 percent of the wall plane length;
4.
The space between dormers cannot be less than one-half the width of the adjoining dormer or the average of the two if they are of different sizes, whichever is greater; and
5.
A dormer must be located a minimum of three feet from the wall plane that runs perpendicular to the dormer face.
7.3.14.
Establishment of Planned Unit Development (PUD) Areas.
7.3.14.1.
Purpose.
The purpose of the Planned Unit Development (PUD) is to encourage and facilitate the development of new, mixed-used developments, especially those incorporating a substantial number of housing units, within the CBD. The PUD is intended to ensure coordination and flexibility in design and review through a carefully controlled process for evaluating specific plans rather than through the application of fixed regulations. It is expected that any residential component within a PUD will provide a diversity of housing types (rental, condo), price points and sizes to accommodate a wide range of ages and economic levels.
7.3.14.3.
Procedures.
The PUD is an optional overlay district. Properties within a PUD area may be developed under the PUD regulations or the underlying CBD Area regulations. All PUDs require a special permit.
7.3.14.4.
Uses.
All uses allowed by right or special permit within the underlying CBD Area are allowed in the PUD. More than one principal building and use is permitted within a PUD.
7.3.14.5.
Lots and Ownership.
1.
Contiguous lots may be assembled to create a PUD;
2.
Proposed PUDs may include lawfully pre-existing nonconforming uses and buildings provided they are integrated into the development plan;
3.
PUDs may consist of land in more than single ownership and may be subdivided into separate lots provided that all current and future owners and lots are bound by a restrictive covenant(s) to the PUD special permit approvals and are required to maintain the project as a single PUD; and
4.
Subdivision of lots within a PUD after final approval of the site plan shall be considered an amendment to the Special Permit and will require approval by the SPGA.
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7.3.14.6.
Dimensional Requirements.
1.
Lot area: minimum lot area of 25,000 square feet;
2.
Frontage: minimum frontage of 50 feet;
3.
Height: As required by the underlying CBD area; however, the SPGA may authorize additional height outside of the Special Permit standards of the underlying zoning if the construction of the development references and clearly meets the goals and objectives of the CBD by offering more diverse housing opportunities which address the population needs of the Winchester community; and
4.
FAR: As required by the underlying CBD area, however, the SPGA may authorize additional FAR that exceeds the Special Permit standards of the underlying zoning by 0.5 if The Construction Of The Development References And Clearly Meets The Goals And Objectives Of The Cbd By Offering More Diverse Housing Opportunities Which Address The Population Needs Of The Winchester Community.
7.3.14.7.
Access Requirements.
1.
Entrances to PUDs may be limited to one access point onto a public way. The SPGA may grant additional access points to improve traffic circulation if deemed necessary; and
2.
Common driveways and parallel service drives are encouraged in the PUD to consolidate driveway openings to a few widely spaced locations.
7.3.15.
Site Plan and Design Review.
7.3.15.1.
Applicability.
The following projects are subject to site plan review within the CBD:
[FTM Art. 12, 11/6/2017]
1.
New construction on a lot area equal to, or greater than, 10,000 square feet;
2.
Changes of uses in existing buildings; and
3.
Expansion of floor space of existing buildings of 25 percent on a lot with an area equal to, or greater than, 10,000 square feet.
The following projects are subject to design review within the CBD: | |
1. | All projects for which a special permit is required; and |
2. | All projects for which a building permit for exterior work is required. |
7.3.15.2.
Procedure.
The SPGA will conduct site plan review and design review for projects within the CBD.
[FTM Art. 9, 11/5/2020]
1.
By-right Project.
At its discretion, the SPGA may conduct a public hearing for site plan and design review for these projects. Alternatively, it may conduct the review at a duly noticed public meeting. It may impose reasonable conditions on the project to be included in the building permit. Any decision of the SPGA on site plan review shall be in writing and shall be filed with the Town Clerk. No building permit shall be issued and no area for roadways, parking, loading or open space shall be established or changed except in conformity with a site plan bearing the endorsement of approval by the SPGA or a report bearing the endorsement of the design approval by the SPGA. No certificate of zoning compliance shall be issued for any such building or buildings, unless the same conforms in all respects to the approval.
2.
Special Permit Concurrent Review.
When a project seeks a special permit, the SPGA shall conduct site plan review (if necessary) and design review at a public hearing concurrently with the special permit review.
3.
CBD Review Subcommittee (CBDRS).
The SPGA shall consult with the CBDRS, which consists of three (3) members of the Winchester Design Review Committee, and three (3) members of the Winchester Historical Commission on all projects that require design review within the CBD. For any project review, 5 members must be present at the hearing or meeting. If the structure in question is considered historically significant according to the map in Section 7.3.18.1, 3 members from the Historic Commission and 2 members of the Design Review Committee shall constitute the Subcommittee. If the structure in question is not considered historically significant according to the map in Section 7.3.18.1, 2 members from the Historic Commission and 3 members of the Design Review Committee shall constitute the Subcommittee. The Subcommittee members shall be appointed annually by each respective committee/commission and each chair may designate an alternate member in cases of scheduling conflicts.
The CBDRS shall make recommendations in the form of a report to the SPGA on how the project meets or could meet the design guidelines located in 7.3.17. If no report is received by the SPGA within thirty-five (35) days from the time of a complete filing from an applicant, it shall be deemed a lack of opposition to the project. An additional report may be written by either committee/commission and submitted to the SPGA within thirty-five (35) days from the time of a complete filing from an applicant.
The SPGA shall make no final decisions until thirty-five (35) days have elapsed from the time of a complete filing from an applicant, or a report has been received from both the Historical Commission and the Design Review Committee, whichever comes first.
4.
Consultation.
The SPGA Board may consult with any other boards, commissions and departments to ensure a complete site plan and design review, including the Disability Access Commission. The SPGA may utilize MGL Chapter 44 §53G peer review consultants.
5.
Joint Hearings and Meetings.
The SPGA may conduct joint public hearings and meetings with any other board or commission in addition to the Design Review Committee and the Historical Commission in order to expedite site plan and design reviews.
7.3.15.5.
General Standards for Site Plan Review.
In the review of any site plan conducted under this Section, the SPGA shall determine that reasonably adequate provisions have been made by the applicant for the following.
1.
Traffic circulation and access;
2.
Pedestrian safety and access;
3.
Emergency vehicle access;
4.
Stormwater drainage based upon a professional engineering report, utilizing on-site infiltration;
5.
Flood control mitigation based upon a professional engineering report and report from the Town Engineer;
6.
Screening, including the use of natural land features, plantings and erosion control;
7.
Protection and preservation of existing historic structures, vistas and natural features;
8.
Signage and exterior lighting;
9.
Avoidance or mitigation of visual impact of parking, storage and other outside service areas;
10.
Consistency with character and scale of surrounding buildings, CBD areas and neighborhoods;
11.
Consistency with Design Review Guidelines in Section 7.3.17; and
12.
Avoidance or mitigation of acoustical and lighting impact.
7.3.16.
Submission Requirements.
7.3.16.1.
General.
Applicants for approval of projects requiring site plan review, design review or a Special Permit shall submit the information and materials.
1.
Submission Waivers. The SPGA may waive or modify any of the submission requirements or request additional materials at its discretion. The SPGA’s intent is to require only as much information and materials as are appropriate to the scale and potential impacts of the project.
7.3.16.2.
Project Narrative.
Summarizing the purposes and intents of the project, the planned uses, the development phasing strategy, if any, and how the proposed project meets Town objectives in Section 7.3.1.
7.3.16.3.
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 1 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 ownership, footprints of existing buildings, and topography at two-foot contour intervals.
7.3.16.4.
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.
7.3.16.5.
Building Development Program.
Describing the buildings and their square footage by total use, the phasing of such uses if any, and the parking facilities and parking space counts devoted to such uses.
7.3.16.6.
Phasing Plan.
Identifying the general scope and location of the individual phases to be developed and providing sufficient information to evaluate total build-out of the site. For multi-phase projects:
1.
The initial construction phase shall provide sufficient on-site and off-site improvements to adequately serve the constructed portion independent of future phases, encourage completion of the build-out design, and minimize disruptions during future construction phases. Improvements shall include but not be limited to driveways, parking, sewer, water, stormwater systems, lighting and landscaping;
2.
The applicant shall provide the Town with a performance guarantee to cover the costs of construction of the on-site and off-site improvements, subject to approval from the SPGA, in the form of a performance bond, letter of credit, or cash escrow; and
3.
Any changes in use or amendments to subsequent development phases shall require approval by the SPGA. Modifications or extensions to an approved phasing timetable shall not be considered substantive amendments.
4.
The applicant shall provide a construction mitigation strategy that limits impacts on adjacent property operations and downtown traffic/emergency service.
7.3.16.7.
Visual Plans.
Depicting the project, including:
1.
Conceptual Ground Floor Architectural Plan.
for major buildings and parking structure(s) at a scale of 1/8 inch = 1 foot;
2.
Building Elevations.
for major buildings and parking structure(s), including appurtenances on the roof, at a scale of 1/8 inch = 1 foot;
3.
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; and
4.
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.
7.3.16.8.
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.
7.3.16.9.
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.
7.3.16.10.
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.
7.3.16.11.
Utilities Plan.
Showing the location of proposed utilities and all rooftop equipment (HVAC or otherwise) and describing their capacity to meet or exceed applicable standards. The maximum scale shall be 1 inch = 40 feet. The size and location of all rooftop equipment should be illustrated on all drawings, renderings, and elevations.
[STM Art. 9, 5/6/2019]
7.3.16.12.
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.
7.3.16.13.
Landscaping Plan.
Consistent with Section 9.8.10.
7.3.16.14.
Housing Plan.
The size, number, and approximate price of all units shall be expressly stated in order to determine if the proposed housing portion of the project is meeting the goals of the Winchester Master Plan Phase I 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 CBD.
7.3.17.
Design Review Guidelines.
7.3.17.1.
Design Principles.
The goal of the CBD zoning plan is to create a functionally diverse and active downtown development, consisting of attractive background buildings that focus on and enrich the streetscape and public open space.
New structures must be compatible with Winchester’s historic architecture and sense of place. The Town seeks new buildings that are timeless and subtle. This will be achieved in part through the design of properly scaled windows, masonry articulation, setbacks, animated silhouettes, and use of materials that are warm, inviting, and supportive of other proposed buildings.
The objectives of the CBD do not support isolated, individual architectural statements that relate only to themselves. They do support projects that are positive additions to Winchester’s town center. General guidelines are discussed below, while detailed guidelines for historic properties are located in the Rules for this Section 7.3.17 and entitled Guidelines for Existing Historically Significant Buildings.
The Town promotes an active setting along its main downtown streets both during and after customary business hours. Additionally, the Town supports new residential development throughout the downtown that will maximize hours of activity and improve public security.
Development in the public and private realms should be integrated in as positive, secure and elegant a manner as possible. Any part of the perimeter of new development that fronts on an existing street or public open space should be designed to complement and harmonize with adjacent land uses (planned or existing) with respect to use, scale, density, set-back, bulk, height, landscaping, and screening. Finally, each individual project should be carefully conceived and executed to the mutual benefit of its immediate neighbors. New development projects will inevitably affect the existing downtown community. Therefore, attractive and inviting connections to and from adjacent neighborhoods are essential.
7.3.17.2.
Open Space and Circulation Design.
1.
Open Space.
The Zoning bylaw requires that open space be provided downtown. Open space shall consist of parks and pervious landscapes (and other buffer zones as defined under the Wetlands Protection Act and Winchester’s Code of Bylaws) that are open to the sky at the ground level. Usable open space shall consist of areas available for foot traffic or passive recreation.
Private development bordering public open space and public thoroughfares should have direct access to the public space, and must present inviting elevations and imagery, with special attention at the ground plane. More generally, all development must directly relate to, provide easy access to, and reinforce activity at the existing ground plane. Design must be coordinated to relate well to public open space and public or private passageways that connect with that open space. All retail/restaurant/first floor rental spaces should be at the same level as the adjoining sidewalk or public open space.
2.
Pedestrian Circulation.
All developments must include an integrated pedestrian circulation system with particularly strong connections to the public way and between the adjacent residential neighborhoods.
In order to accommodate a wide range of physical abilities, smooth concrete side-walks, ramps and walkways are preferred to brick or other uneven surfaces.
In the development of any large, multi-acre site in the CBD, the Town will expect lobbies and other entries, each serving a particular section of the complex, rather than one large lobby and one or two entries serving the entire complex. Offices and residential lobbies should be directly located on public streets and, in the case of a mixed-use building, need to be clearly separated from each other.
3.
Service Facilities.
Entrances to parking facilities and service areas must be coordinated with adjacent development. In addition, entries need to be as far from intersections and public open space corridors as possible, and integrated into the building forms to minimize visual impact. Service roads should be coordinated where several adjacent private developments occur.
7.3.17.3.
Mix of Land Uses.
Each development is encouraged to include a mixture of uses, including retail and restaurant on first floor with housing and/or limited office above.
1.
Retail.
Retail/restaurant uses shall focus on and enliven existing streets in the CBD.
2.
Housing.
Town and State plans envision the development of a significant residential pattern of use throughout the downtown area. The town anticipates that, as the area becomes more and more established, housing will be built to help give an 18 hour presence and the depth of interest and vitality that only people living in an area can provide.
3.
Office.
The presence of the office space should be secondary to the open space system and active ground floor retail pattern.
4.
Parking.
All parking shall be screened to the satisfaction of the SPGA from all public view and from view of adjacent private development, if it will have a detrimental effect on either the design of or leasing of a planned or existing adjacent development. Parking facilities should be incorporated and located within development projects to maximize the opportunity for ground level retail/restaurant activity and to limit inactive, unsecured areas.
7.3.17.4.
Elements of Form.
1.
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.
No building element may project vertically beyond the maximum height allowed within the downtown, unless a coordinated system of expressive building tops becomes an integral part of the development’s design concept. An expressive building roof line appropriately celebrates the building’s union with the sky and is reminiscent of the downtown’s late 19th and turn-of-the-century architecture.
2.
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.
3.
Massing.
Regardless of any preconceived development configuration for any particular use, new development is expected to reinforce the CBD’s existing street pattern; to break down any building type’s typical massing to relate to the historic character and mass of Winchester’s CBD; and to avoid a monolithic appearance.
Properties must maximize the hours of sunlight available to public open space and create a harmonious, architecturally integrated building form that enriches the public domain.
All adjacent private developments, when bordering the public domain, must build to a common party wall in an architecturally compatible manner, with adjacent buildings responding to their neighbors. The Town does not encourage the creation of alleyways along property lines and visible from any public view.
4.
Street-walls and Setbacks.
Maintenance of existing street-walls is generally required within the downtown. This may be accomplished by principal front wall plane setbacks and cornice lines that are consistent with existing buildings on the same block or neighboring blocks. Specific areas (such as immediately bordering the commuter rail at the Waterfield Road area and along Main Street north of Quill Rotary) require setbacks as noted in the bylaw. Permissible exceptions, subject to design review, might include entrance canopies and other at-grade open space amenities.
5.
Silhouette.
As buildings increase in height, they should be shaped to be increasingly slender and broken down in scale toward their top. As nearly all Winchester architectural icons have slanted roofs, the Town prefers to keep this architectural detail for any new additions or constructions. Buildings should be of a tripartite architectural configuration consisting of a base, a middle section and an expressive top section. Buildings must provide animated silhouettes that enliven views from the open space system, the historic downtown and nearby neighborhoods. This greater articulation should be an integral part and emphasis of the building concept.
7.3.17.5.
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, that is, historic downtown tradition, waterfront, and open space imagery. 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.
1.
Materials.
All new buildings should be mainly faced with an authentic New England town style or equal, reviewed and recommended by the CBD Review Subcommittee. The highest quality of materials shall be used at the pedestrian level of all buildings;
2.
Color.
The selection of colors should be sympathetic to the general downtown palette;
3.
Awnings.
All new buildings should provide lateral-arm awnings, color coordinated with adjacent development, at all retail frontages overlooking public open space. The awnings will assist in offering an active, vital marketplace image, while at the same time creating a means of protection for shoppers, residents and office workers during inclement weather;
4.
Transparency of Ground Floor Spaces.
All new buildings should maximize visibility and transparency through ground floor retail or possible future retail space as determined by the Town. The Town realizes that future additions of storage rooms, toilets and restaurant kitchens will limit transparency, but it is the Town’s objective to locate these areas to maximize visibility and transparency where it is desirable;
5.
Balconies.
All new buildings should provide human-scaled balconies at appropriate locations overlooking public open space. The balconies must be detailed so that they are inviting, highly usable and relate directly to the character of the adjoining open space;
6.
Penthouses and Mechanical Equipment.
All mechanical penthouses and other projections should be architecturally integrated within the overall form and individual elevations of the building. It is encouraged that the penthouses are faced with the same or sympathetic building materials as the principal facade and enhance, and not detract from, the overall building appearance and balance. Mechanical equipment shall be screened to the maximum extent possible with the minimum amount of height exceedance; and
7.
Windows.
For reason of public health, aesthetics, and future energy concerns, the Town desires operable windows to be used throughout the buildings of downtown. Strip windows are not acceptable. Traditional masonry openings and articulated fenestrations are expected.
7.3.18.
Historic Resources.
7.3.18.1.
Historically Significant Structures.
Buildings shown in red on Map 7.3.4 below identifies historically significant structures (each designated a “historically significant building within the Center Business District.”) that contribute to the established fabric and character of Winchester Center. 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.
7.3.18.2.
Preservation Incentives.
To provide incentives to preserve these structures, consistent with the Town Master Plan, the owner of a historically significant building within the CBD may restore building elements including floors (if additional floors once existed) without the requirement of a special permit or variance for dimensional or parking relief. Where an approved change in use has occurred within a historic structure, any additional parking that would be required by the use change will be waived. Restoration plans will be reviewed jointly by the SPGA, the Design Review Committee and the Winchester Historical Commission under the provisions for Site Plan and Design Review, as described in Section 7.3.15.
 |
7.3.19.
Inclusionary Housing.
7.3.19.1.
Purpose.
The purpose of inclusionary housing is to foster the creation of housing that is affordable and is located near mass transit, schools, parks and other municipal improvements.
7.3.19.2.
Requirements.
All projects in the CBD that include a housing component shall have affordable units on the project site as follows.
1.
Ten (10) percent of the dwelling units within a project that have six (6) or more dwelling units shall be affordable according to 760 CMR 56;
2.
Ten (10) percent of dwelling units within a project that have twenty-five (25) or more dwelling units shall be affordable according to 760 CMR 56, and five (5) percent of the dwelling units within a project that have twenty-five (25) or more dwelling units shall be affordable to middle income applicants (80-120 percent of Boston Area Median Income); and
3.
If the number of affordable units calculated contains a decimal, the number of units shall be rounded up for values between 0.5-0.99.
7.3.19.3.
Incentives.
To further promote affordable housing in the CBD, an applicant may, with a Special Permit from the SPGA, reduce the number of required parking spaces by up to 0.25 spaces/unit, and/or increase FAR by up to 0.5 if more than the required affordable units are constructed. Under no circumstances can the FAR be more than the maximum allowed in a particular subzone.
7.3.19.4.
Payment in Lieu of On-Site Affordable Units.
The SPGA, after comments have been received from a review from the Winchester 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 thirty-five (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 fee for each affordable unit shall be established by the SPGA in the Rules for this Section 7.3.19.4. The payment shall be made into the Winchester Affordable Housing Fund administered by the Select Board.
7.3.19.5.
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 percent of the Boston AMI or lower), and are eligible for inclusion on the Subsidized Housing Inventory as set forth in 760 CMR 56.
7.3.20.
Parking and Loading Requirements.
7.3.20.1.
Applicability.
The parking requirements in this section are applicable to existing and proposed developments in the CBD as follows.
[STM Art. 5, 4/30/2018]
1.
The requirements apply when a change to an existing structure or use occurs would require an increase of more than 15 percent in the parking facilities;
2.
The SPGA may allow a reduction of the parking requirement in the CBD. See Section 7.3.20.4, Options for Reducing Required Parking;
3.
No additional vehicle parking is required for any changes in use under 5,000 square feet of gross floor area;
4.
No vehicle parking is required for additions or changes in Allowed Uses to structures listed as Historic Resources and shown on the Historic Resources Map 7.3.4 located in Section 7.3.18;
5.
No vehicle parking is required for any Governmental or Public Service use;
6.
Outdoor dining areas are exempt from the calculation of required vehicle parking spaces;
7.
If parking is provided at or below ground level, or is located under a building or structure, such area of parking shall be completely screened from view, from any public right-of-way that adjoins the front of a lot, by inhabited ground floor uses (lobbies, retail space, office or other allowed use) and from any adjoining side street (if applicable) either by such active ground floor uses or by an opaque wall;
8.
Off-street loading facilities shall be governed by Section 5.2 of this Bylaw.
7.3.20.2.
Required Vehicle Parking Spaces.
The minimum and maximum numbers of parking spaces required by category of use are specified in the table below. The SPGA may waive or adjust the requirements by special permit.
Required Vehicle Parking Spaces | ||
|---|---|---|
Use Category | On Site | |
Minimum | Maximum | |
Residential uses | 0.75 spaces per unit | 1.5 spaces per unit |
Commercial uses, including restaurants | 0.75 spaces per 1000 square feet of gross floor area | 1.25 spaces per 1000 square feet of gross floor area |
Theatre/places of public assembly | 1 space per 4 seats | 1 space per 4 seats |
Note: If the calculated number of spaces contains a fraction, then the number of required spaces is rounded up to the next whole number. |
1.
For mixed-use development, the total number of required parking spaces is the sum of the requirements of the various uses computed separately. The required space for one use cannot be considered as providing the required space for any other use, except pursuant to Shared Vehicle Parking (see Section 7.3.20.4);
2.
Required parking spaces must be located on the same lot as the use(s) they are intended to serve, except as noted in Section 7.3.20.5; and
3.
The requirement of 0.75 spaces per 1,000 square feet of commercial space shall only apply in cases where the gross floor area is expanded beyond its original dimensions. Lots that have existing areas devoted to parking shall be required to maintain and continue those areas. Relief may be sought to reduce devoted parking areas; see Section 7.3.20.4.
7.3.20.3.
Reduction of Required Parking.
Any minimum required amount of parking may be reduced only upon issuance of a special permit of the SPGA. A special permit may be granted only if the SPGA determines, based on specific findings that the lesser amount of parking will not cause excessive congestion, endanger public safety, substantially reduce parking availability for other uses or otherwise adversely impact the neighborhood, or that such lesser amount of parking will provide positive environmental or other benefits to the users of the lot and the neighborhood. In making the determination, the SPGA may require the applicant to provide a parking analysis as part of the special permit application. Additionally, refer to Section 7.3.19.3 for the affordable housing incentive parking reduction.
7.3.20.4.
Options for Reducing Required Parking.
1.
Proximity to Transit, Shuttle or Taxi Service.
The SPGA may approve a 30 percent reduction in the number of required parking spaces for buildings with a main entrance within an 800-foot walking distance of a transit station, bus stop or taxi stand. Walking distance is to be measured from the nearest entrance of the building to the nearest qualifying transit facility location.
2.
Car-Sharing Program.
The SPGA may approve a parking reduction of up to ten (10) percent for each car sharing vehicle where: (a) An active car-sharing program is made available to residents and/or employees; and (b) Cars for the car-sharing program are available on the site or within an 800-foot walking distance of the site.
3.
Payment in Lieu of Providing Parking.
Within the CBD, the SPGA may allow a partial or full waiver of the onsite parking requirement if the applicant pays into a parking and transportation fund established by the Town. The fund is to be controlled by the Select Board. Fees can be used to administer the public parking system or complete other transportation improvements that mitigate the demand for parking. The fee to be charged shall be a one-time fee per space for each parking space required. The one-time fee shall be determined by the Select Board at a public hearing in an amount to cover the estimated cost of providing additional parking spaces in the general location of the proposed use, and may be altered as needed on an annual basis. The fee shall be payable in accordance with the Select Board’s administrative policies.
4.
Shared Vehicle Parking.
Shared Vehicle Parking is defined as the use of one or more parking space(s) to satisfy the parking required for two or more separate uses within a project. The shared parking may be on the same project site or at an acceptable off-site location per 7.3.20.5. Applicants wishing to use shared parking to reduce the total number of required spaces must submit a shared parking analysis provided in a form established by the SPGA in consultation with the Town’s Engineering, Planning and Public Works Departments. Reductions in the total number of required spaces for shared parking may be permitted if the SPGA in consultation with the town staff/consultants determines that a reduction is appropriate based on findings that the shared parking:
a.
Provides a use and management plan describing operations and management of proposed parking;
b.
Has either mutually exclusive or compatibly overlapping normal hours of operation. The SPGA will determine whether the hours of operation are compatibly overlapping on a case-by-case basis through the use of the Urban Land Institute Shared Parking Model (latest edition);
c.
Reserves, for the residential portion of a mixed use project, a minimum of 0.25 spaces per unit from any shared use calculations;
d.
Does not create hazardous conditions for pedestrians or result in potentially unsafe traffic conditions; and
e.
Contributes to the economic vitality and vibrancy of Winchester’s town center.
7.3.20.5.
Techniques for Reducing the Amount of Land Devoted to Parking.
1.
Off-Site Vehicle Parking.
Required parking spaces may be permitted on a different lot from the project site if the SPGA, after consultation with the Town Engineer, determines that the following standards have been met.
a.
Off-site parking spaces are located within 800 feet of the primary entrance of the building served, or an approved shuttle-served lot for commercial uses. The distance shall be measured along the shortest available pedestrian route from the nearest point of the parking area to the nearest point of the primary entrance served by the off-site parking lot;
b.
Specifically designated off-site parking areas for employees may be located up to 1,000 feet of the primary entrance of the building served. The distance shall be measured along the shortest available pedestrian route from the nearest point of the parking area to the nearest point of the employee entrance served by the off-site parking lot;
c.
The application includes a mutual Shared Parking Agreement signed by all involved property owners. The written agreement shall include, but not be limited to the following items: maintenance, snow removal, ownership and liability;
d.
Documentation is provided demonstrating that the parking to be used offsite is available and not otherwise committed. The methodology described in the Urban Land Institute Shared Parking Model may be applicable for this effort as needed;
e.
The SPGA may apply special conditions (such as annual reporting) to the use of off-site parking to satisfy parking requirements; and
f.
Any off-site parking arrangement shall be documented on file at the building department for all relevant properties and, if recordable, shall be recorded in the Registry of Deeds.
2.
Tandem Parking Spaces.
a.
Tandem parking (2 spaces end-to-end) is allowed for the residential component of a mixed-use project;
b.
Tandem spaces must be at least 9 feet wide and together, at least 38 feet long;
c.
Both spaces in tandem-parking configuration must be assigned to the same dwelling unit;
d.
Tandem parking may not be used to provide guest parking.
3.
Connecting Parking Lots.
a.
Uses abutting one another shall physically connect their parking areas at the lot line to create connecting drive aisles, provided that a mutual access easement that is acceptable to the Town of Winchester has been executed;
b.
The agreement must ensure that adequate maneuvering space for both parking areas is preserved; and
c.
The use of joint parking does not by itself authorize a reduction in the number of required spaces, but may be considered by the SPGA in conjunction with other measures as means of reducing minimum parking requirements.
7.3.20.6.
Bicycle Parking.
Bicycle parking shall be provided for all new development, and shall be located as close as possible to the building entrance(s). Any property required to have bicycle parking may establish a shared bicycle parking facility with any other property owner within the same block.
1.
Residential buildings.
One indoor bicycle parking rack (2-bike capacity) must be provided by the developer for every ten residential units. Indoor bicycle storage requirements may be waived for projects under ten units;
2.
Mixed-use projects.
One indoor bicycle parking rack (2-bike capacity) must be provided by the developer per ten residential units. Indoor bicycle storage requirements may be waived for projects under ten units;
3.
New projects located on lots containing more than 10,000 square feet.
a.
For commercial uses, the developer must provide one employee bicycle parking rack (2-bike capacity) per 10,000 square feet of Gross Floor Area and one visitor/customer bicycle parking rack (2-bike capacity) per 25,000 square feet of gross floor area;
b.
For residential uses, the developer must provide one tenant bicycle parking rack (2-bike capacity) per ten units and one visitor bicycle parking rack (2-bike capacity) per 25 units. Projects under ten units shall have no minimum requirement;
c.
Bicycle parking facilities shall be visible to intended users. The bicycle parking facilities shall not encroach on any area in the sidewalk area intended for use by pedestrians, nor shall they encroach on any required fire egress; and
d.
On-street bicycle parking spaces (typically along the street tree alignment line) may be counted toward the minimum customer/visitor bicycle parking requirement.
4.
Bicycle parking racks.
a.
Racks shall be of a high-quality construction that provides for adequate theft protection and security. Racks shall support a bicycle at two points of contact to prevent damage to bicycle wheels and frames; and
b.
All outdoor bicycle racks must be publicly visible and accessible. Racks shall be located within 100 feet of the primary building entrance. Where a bicycle rack allows bicycles to be locked on both sides of the rack without conflict, each side may be counted as one required space.
7.3.21. FRONT SETBACK REAR SETBACK SIDE SETBACK
Definitions.
A line delineating the distance between the front lot line and the front of a building on a lot.
A line delineating the distance between the rear lot line and the rear of a building on a lot.
A line delineating the distance between a side lot line and a side of a building on a lot.