The purposes of this chapter are to promote development in downtown Winthrop by encouraging the redevelopment, reuse or renovation of properties in a manner compatible with community character; to provide for a mix of uses in the same structure or on the same lot; to manage parking requirements to foster downtown development; and to achieve a more streamlined review, including guidance for design and site plan review.

( Ord. of 7-22-14(1) )

Site plan and design review has two levels: Major site plan and design review and minor site plan and design review.

A.

Threshold for Major Site Plan and Design Review.

1.

New construction, addition, or alteration of a building so as to create or result in more than ten thousand (10,000) square feet gross floor area.

2.

Change of use to more than ten thousand (10,000) square feet gross floor area which requires the addition of more parking spaces.

B.

Threshold for Minor Site Plan and Design Review.

1.

New construction, addition, or alteration of a building so as to create or result in between five thousand (5,000) and ten thousand (10,000) square feet gross floor area.

2.

Change of use to between five thousand (5,000) and ten thousand (10,000) square feet gross floor area which requires the addition of more parking spaces.

3.

Construction, alteration, or expansion of a parking lot, including changes to parking spaces, circulation aisles, driveway access, or location of landscaped areas.

4.

Modifications to a site plan previously approved by the planning board.

( Ord. of 7-22-14(1) )

A.

By Right Applications. When the application for a building or occupancy permit is for a use available as of right in the town zoning bylaw, the application shall be accompanied by a site plan that has been approved by the planning board prior to applying for the building or occupancy permit under five thousand (5,000) square feet.

B.

Minor Site Plan and Design Review Projects. The planning board shall review and approve, approve with conditions, or not approve the site plan within thirty (30) days of receipt of the site plan and all other materials, as requested. (Between five thousand (5,000) and ten thousand (10,000) square feet).

No building or occupancy permit shall be issued by the building inspector:

1.

Without written notification of approval of the site plan by the planning board; or

2.

Unless thirty (30) days elapse from the date of submittal of the site plan without action by the planning board. The thirty (30) days may be extended if the planning board approves a request from the applicant for an extension of time for the consideration of the plan, and this extension is sent to the building commissioner.

The planning board will not conduct an advertised public hearing on minor site plan projects, but shall invite the applicant to the meeting, and shall post the agenda which lists the site plan review as an item under review.

C.

Major Site Plan and Design Review Projects. The planning board shall hold an advertised and noticed public hearing on applications categorized as major site plan and design review applications for as of right projects. The hearing must be held within forty-five (45) days of receipt of all materials. Alternatively, the planning board shall conduct its review at a noticed public meeting, per minor site plan and design review.

No building or occupancy permit shall be issued by the building commissioner:

1.

Without written notification of approval of the site plan by the planning board; or

2.

Unless sixty (60) days elapse from the date of submittal of the site plan without action by the planning board. The sixty (60) days may be extended if the planning board approves a request from the applicant for an extension of time for the consideration of the plan, and this extension is sent to the building commissioner.

D.

Special Permit Applications. When the proposed project requires a special permit, the planning board will conduct site plan and design review concurrently with the special permit public hearing, using the procedures outlined in this Chapter and MGL Chapter 40A for special permits. This concurrent review applies to either major or minor site plan and design review requiring a special permit.

( Ord. of 7-22-14(1) )

Prior to investing in detailed professional design and/or engineering expertise for site plans, it is strongly encouraged that the applicant reviews the proposed project with the planning board. A preliminary concept plan, photographs and a plot plan will assist the discussion. The submitted materials must provide the board with sufficient information about the project so that it can identify issues and provide guidance. At this review, which will be included on the public notice and agenda for the planning board meeting, the board may vote to waive the applicant's need to submit an application for site plan and design review under these provisions, or it may waive certain submission requirements.

( Ord. of 7-22-14(1) )

A.

Minor Site Plan and Design Review. The following materials, unless waived by the planning board during presubmission review, are required to be submitted for minor site plan and design review. The planning board may request additional and/or supplemental materials to enable it to complete minor site plan and design review. An application is incomplete unless all requested materials are supplied, or unless the planning board has waived the item(s).

A plan or plans that allow for the property and project to be clearly identified and reviewed, and include the following:

Boundary lines;

Dimensions and locations of all existing and proposed structures;

All easements, restrictions and covenants;

Description of any proposed grade changes, with existing topography;

Drawing of the parking lot, indicating parking spaces, loading areas, access and egress;

Location of signage, outdoor lighting, outdoor storage and trash disposal areas;

Existing and proposed planting, landscaping and screening;

Drawing of the façade of the structure(s) with information on materials to be used.

In addition, provide a copy of any variance or special permit associated with the property/use.

B.

Major Site Plan and Design Review. The following materials, unless waived by the planning board during presubmission review, are required to be submitted for major site plan and design review. The planning board may request additional and/or supplemental materials to enable it to complete major site plan and design review. This may include a traffic study. An application is incomplete unless all requested material(s) are supplied.

A plan or plans with the information requested above, under minor site plan and design review. Also:

Elevations and floor plans of existing and proposed buildings;

Calculation of floor areas (and outdoor area as applicable) devoted to various principal uses;

Calculation of parking requirements. Requested parking waivers shall be noted on the parking plan.

The plans shall include: Title block, showing address, scale, north arrow, seal and signature of the registered architect, engineer, land surveyor, or landscape architect responsible for a particular component of the site plan, and a locus plan at one inch equals two hundred feet scale showing abutting lots.

( Ord. of 7-22-14(1) )

As applicable, the planning board shall transmit a copy of the site plan and design review application to appropriate town boards, commissions and staff of the town.

( Ord. of 7-22-14(1) )

The planning board shall ensure that the following criteria are met during site plan and design review. The design standards are intended to promote quality development emphasizing the Center Business district's pedestrian-scale development pattern, and the desire for development that is in harmony with the existing scale and massing in the district.

A.

Building Scale. New buildings and/or substantial alterations shall incorporate features to add visual interest while reducing the appearance of bulk or mass. Such features include varied facades, rooflines, roof heights and materials.

1.

Buildings shall relate to the pedestrian scale by:

a.

Including appropriate architectural details to add visual interest along the ground floor of all facades that face streets, squares, pedestrian pathways, parking lots, or other significant pedestrian spaces.

b.

Articulating the base, middle, and top of the facade by using cornices, string cornices, step-backs or other similar features.

2.

Continuous lengths of flat, blank walls adjacent to streets, pedestrian pathways, or open spaces shall not be permitted.

B.

Roof Form.

1.

New construction, including new development above existing buildings and/or substantial alterations, shall incorporate roof forms which will harmonize with the historic architecture of downtown Winthrop.

2.

Mechanical equipment located on roofs shall be screened, organized and designed as a component of the roof design, and not appear to be a leftover or add-on element.

C.

Entrances.

1.

All primary commercial and residential building entrances shall be visible from the right-of-way and the sidewalk, and shall have an entrance directly accessible from the sidewalk.

2.

Where parking is located to the rear of a building, any rear entrance is to be visible and accessible from the parking lot. Directional signage to the building entrance(s) shall be installed. All entrances are to have sufficient illumination at night time.

3.

Doors shall not extend beyond the exterior facade into pedestrian pathways.

D.

External Materials and Appearance.

1.

Predominant wall materials shall be of wood, brick, stonework or composite material consistent with the neighborhood or material approved by the planning board. If painted or coated, only a non-metallic finish will be used. Cladding materials should be consistent on all facades with the exception of special design elements such as gables or dormers.

2.

Awnings and canopies shall be compatible with the architectural style of the building. Colors and patterns used for awnings and canopies shall be subdued and compatible with existing awnings on adjacent buildings.

3.

Except for minor trim, the building shall avoid the appearance of reflective materials such as porcelain enamel or sheet metal. Window panes shall be non-reflective.

4.

Ground floor commercial building facades facing streets, squares, or other significant pedestrian spaces shall contain transparent windows encompassing a minimum of forty (40) percent of the facade surface, unless waived by the planning board.

E.

Landscaping and Sidewalk Amenities.

1.

To the maximum extent possible projects shall provide pedestrian-friendly amenities, such as outdoor seating, patios, porches or courtyards. Site landscaping shall be maximized. Large windows that open up to provide the experience of "open air dining" are encouraged.

2.

Pathways/sidewalks designed to connect the street to rear parking areas or with adjacent developments are encouraged to further the goal of providing safe pedestrian access to businesses.

F.

Service Areas, Utilities and Equipment. Service and loading areas and mechanical equipment and utilities shall be unobtrusive or sufficiently screened so that they are not visible from streets or primary public open spaces and shall incorporate effective techniques for noise buffering from adjacent uses.

G.

Vehicle and Pedestrian Features. Vehicle, pedestrian and bicycle features shall be designed to promote connectivity. Curb cuts shall be minimized.

H.

Parking. To maintain a pedestrian-friendly environment, motor vehicle parking spaces shall be located behind or beside buildings wherever possible. Parking located directly between the building and the street alignment shall be discouraged.

I.

Bicycle Parking. Bicycle parking may be provided for all new development, and shall be located as close as possible to the building entrance(s). Any property required to have bicycle parking may establish a shared bicycle parking facility with any other property owner within the same block.

J.

Sustainable Building Design. It is desirable that new buildings incorporate green building techniques (such as those developed by the U.S. Green Building Council) to the maximum extent feasible.

( Ord. of 7-22-14(1) )

Site plan and design review approval shall be granted upon determination by the planning board that the plan meets the following objectives. The board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives.

A.

New building construction, alterations, or other site modifications shall be designed to enhance the traditional downtown character of the town Center Business district by:

1.

Addressing the characteristics of the specific location by the proposed land use, the design of the building form, grading, egress points, and other aspects of the development.

2.

Building design that is compatible in scale and materials with the existing downtown, including historic structures.

3.

Maximizing pedestrian connectivity.

4.

Minimizing visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways and/or residential uses.

5.

Minimizing glare from headlights, overspill into adjacent properties and into the night sky.

6.

Providing accommodations for car sharing and bicycle usage.

7.

Ensuring compliance with the provisions of this zoning bylaw, including parking and landscaping.

( Ord. of 7-22-14(1) )

The planning board may adopt at a duly noticed meeting its regulations for site plan and design review. The board may also develop and adopt design guidelines for site plan and design review to support this bylaw, with the approval of the town council.

( Ord. of 7-22-14(1) )

Site plan and design review approval which has been granted pursuant to this bylaw shall lapse within two years from the grant thereof except for good cause.

( Ord. of 7-22-14(1) )

The decision of the planning board shall be filed with the town clerk. Any appeal for a project not subject to a public hearing shall be to the board of appeals. For projects granted site plan and design review approval after a noticed public hearing, appeals shall be filed in accordance with G.L. c. 40A, s.17 to a court of competent jurisdiction.

( Ord. of 7-22-14(1) )

Where designated as "SP" in Section 17.12.030 table of use regulations, the planning board shall act as the special permit granting authority (SPGA) in the Center Business district. When a project requires both a special permit and site plan and design review, these reviews will be held concurrently, and will follow the time schedules required by MGL Chapter 40A.

( Ord. of 7-22-14(1) )

The planning board shall act pursuant to MGL Chapter 40A, Section 9 "special permits". Any application for a special permit must indicate the section of the town zoning bylaw under which the special permit is sought, and state the grounds on which it is requested. The application is to be filed with the town clerk, stamped by the town clerk, including date and time, and a stamped copy submitted to the planning board by the applicant.

Within sixty-five (65) days from filing a completed application, a public hearing will be held by the planning board.

Failure by the planning board to take final action upon a special permit application within ninety (90) days of the close of the public hearing shall be deemed to be a grant of the special permit and the town clerk shall so certify.

The time limits may be extended in writing by mutual agreement between the applicant and the planning board.

The planning board may seek input from other appropriate town boards and agencies and shall not take final action plan until such reviewing agency has transmitted a report or until thirty (30) days have elapsed without receipt of a report.

( Ord. of 7-22-14(1) )

See Section 17.50.050 site plan and design review applicability for required materials. Requested materials are specified depending on the size of the project. The planning board may waive the submission of specific information, or request additional information.

( Ord. of 7-22-14(1) )

Applicants may submit a site plan that has been prepared pursuant to Chapter 17.44 if this review precedes submission to the planning board. The planning board reserves the right to request additional information and is not bound by prior approvals under this chapter.

( Ord. of 7-22-14(1) )

A.

Special permits maybe granted by the special permit granting authority only upon its written determination that the adverse effects of the proposed project will not outweigh its beneficial impacts to the Center Business district, the surrounding area, or the town.

B.

In addition to any specific factors that may be set forth in this bylaw, the determination shall include consideration of each of the following, as applicable.

1.

The project is in harmony with the purpose and intent of the town zoning bylaw.

2.

Community needs are served by the project.

3.

The impacts of the project on the Central Business district character.

4.

Vehicular and pedestrian flow and safety, including parking and loading are suitable for the site.

5.

Existing or proposed upgrades to public utilities and other municipal services will be adequate to meet the needs of the project.

6.

There is a positive potential economic and fiscal impact to the town, including impact on town services, tax base, and employment.

( Ord. of 7-22-14(1) )

Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the planning board may deem necessary to serve the purposes of this bylaw.

( Ord. of 7-22-14(1) )

The planning board may suggest to the town council for approval such reasonable administrative fees and technical review fees for applications for special permits to the town council, for approval.

( Ord. of 7-22-14(1) )

A special permit shall lapse in two years if a substantial use or construction has not begun within the two years, except for good cause.

( Ord. of 7-22-14(1) )

The planning board shall develop rules and regulations for the administration of this for approval by the town council.

( Ord. of 7-22-14(1) )

The following provisions are applicable within the Center Business district.

A.

Mixed Use Projects.

1.

For mixed use projects, parking requirements for residential use are:

2.

"Commercial establishments" in mixed use projects shall refer to that portion of the structure or lot developed with non-residential uses.

B.

Shared Parking. Notwithstanding any other parking requirements set forth in this bylaw for individual land uses within the Center Business district, when any land or building is used for two or more distinguishable purposes (including joint or mixed use development), the minimum total number of parking spaces required to serve the combination of all uses shall be determined in the following manner:

1.

Multiply the minimum parking requirement for each individual use (See Section 17.20.070 Center Business district) by the appropriate percentage (as shown in the parking credit schedule chart below) for each of the five designated time periods.

2.

Add the resulting sums from each vertical column.

3.

The column total having the highest total value is the minimum shared parking space requirement for that combination of land uses.

4.

The calculations shall be reviewed and approved as part of the site plan and design review process.

C.

Additional Reduction in Parking Requirements. Required on-site parking may be reduced by ten percent if one of the on-site spaces is dedicated to use by a car-share service and an agreement with a car-share service to place a vehicle at the site is provided as part of the site plan approval process.

D.

Fees in Lieu of Parking. In the Center Business district, any commercial or mixed use structure that is required to provide parking spaces may make payments to the town in lieu of providing for all or part of the on-site required parking. Payment made to the town in-lieu of providing up to fifty (50) percent of the required on-site parking spaces for a project in the central business district (CBD) shall be allowed by special permit from the planning board, consistent with standards to be adopted by, and published in advance by the planning board. These standards must be kept on file with the Winthrop Town Clerk.

A one-time fee of twenty thousand dollars ($20,000.00) (the approximate cost of a structured parking space) per parking space is to be paid to the Town of Winthrop prior to the receipt of an occupancy permit.

Fees in-lieu of parking shall be deposited into the town downtown parking reserve account to be used for expenses (e.g., land acquisition, design/engineering services and construction costs) related to adding parking spaces, improving the utilization of existing parking spaces (e.g., signage, parking management activities), or reducing the need for new parking to serve the Center Business district (e.g., bicycle parking, improved transit).

E.

Required Parking. Section 17.20.070 (Center Business district) shall govern the requirements for off-street parking.

( Ord. of 7-22-14(1) ; Ord. of 7-15-21 )