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.

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.

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.

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.

Adjacent communities, especially upstream and downstream.

NFIP State Coordinator.

NFIP Program Specialist, FEMA Region 1.

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:

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.

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.

Five (5) Acres.

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.

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.

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.

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.

Three stories, but not more than 40 feet.

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.

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.

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.

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.

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.

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.

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.

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 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.

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

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.

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.

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.

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.

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.

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.

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):

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

The vicinity plan required hereunder also shall include the following:

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:

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.

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.

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:

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.

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.

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:

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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:

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.

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:

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.

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 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.

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.

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

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.

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.

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.

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.

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.

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:

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

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.

Minimum of twenty (20) feet.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.

Consistency with character and scale of surrounding buildings.

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.

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.

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:

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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

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.

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

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.

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

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.

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.

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.

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 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.

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.

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.

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.

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.

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

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.

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.

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.

This requirement is applicable to all residential developments with ten (10) 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.

In applicable projects:

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.

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.

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:

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.

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

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

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

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

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

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.

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:

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.

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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.