Certain uses, structures or conditions are designated as special permit uses in this chapter. Upon written application duly made, the board of appeals may in appropriate cases, subject to the applicable conditions set forth in this section and elsewhere and subject to other appropriate conditions and safeguards, grant a special permit for such exceptions and no others.

A.

Before granting an application for a special permit, the board of appeals, with due regard to the nature and condition of all adjacent structures and uses and the district within which the same is located, shall find all of the following general conditions to be fulfilled:

1.

The use requested is listed as a special permit use in the district for which application is made or is so designated elsewhere in this chapter.

2.

The requested use is essential or desirable to the public convenience or welfare.

3.

The requested use will not create undue traffic congestion or unduly impair pedestrian safety.

4.

The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety or the general welfare.

5.

Any special regulations for the use, as set forth in this chapter, are fulfilled.

6.

The requested use will not impair the integrity or character of the district or adjoining districts nor be detrimental to the health, safety, convenience or welfare.

7.

The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of such neighborhood.

8.

The requested use will not deflect or direct flooding to other properties taking into consideration projections for future sea level rise and the useful life of the structure.

B.

Additional Conditions.

1.

The board of appeals shall also impose, in addition to any applicable conditions specified in this chapter, such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purpose of this chapter, including but not limited to the following:

a.

Front, side or rear yards greater than the minimum required by this chapter.

b.

Screening buffers or planting strips, fences or walls, as specified by the board of appeals.

c.

Limitation upon the size, number of occupants, method and time of operation, time duration of permit or extent of facilities.

d.

Regulation of number and location of driveways or other traffic features; and off-street parking or loading or other special features beyond the minimum required by this chapter.

e.

Requirements necessary to protect against current and future flooding.

C.

Submission of Site Plan.

1.

In order that the board of appeals may determine that the restrictions of this section are to be met, a site plan shall be submitted, in duplicate, to the board of appeals by the applicant. Such site plan shall show, among other things, all existing and proposed buildings, structures, parking spaces, driveway openings, driveways, service areas and other open uses, all facilities for sewage, refuse and other waste disposal and for surface water drainage and all landscape features, such as fences, walls, planting areas and walks. The site plan shall show areas in FEMA flood zones, and areas projected to be subject to the one-percent chance storm with two and four-tenths feet of sea level rise, along with the projected depth of flooding with two and four-tenths feet of sea level rise. Sea level rise probability and depth are shown on maps dated May 1, 2022, on file with the town clerk. The plans shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect as to the location of the building, setbacks and all other required dimensions, elevations and measurements; and, further, the plan(s) shall be signed under the penalties of perjury.

2.

The board of appeals shall within ten days after receipt thereof transmit one copy of such plan to the town planning board. The planning board may, in its discretion, investigate the case and report, in writing, its recommendations to the board of appeals. The board of appeals shall not take final action on such plan until it has received a report thereon from the planning board or until the planning board has allowed thirty (30) days to elapse after receipt of such plan without submission of a report thereon. The board of appeals may also seek input from other town boards and agencies and shall not take final action on such plan until such reviewing agency has transmitted a report thereon or thirty (30) days have elapsed without receipt of a report.

D.

In addition to the general conditions set forth in this section for all special permits, the special conditions set out in this chapter shall apply to all uses allowed by special permit in various districts.

(Prior code § 145-34)

( Ord. of 7-19-22 )

No new building or part thereof shall be constructed or used and no premises shall be used and no building or part thereof shall be altered, enlarged, reconstructed or used as follows:

A.

For any purpose which by emission or discharge of fumes, vapor, gas, dust, offensive odors, chemicals, poisonous fluids or substances, refuse, organic matter or excrement, the causing of noise or vibrations or by unduly increasing the risk from fire or explosion or otherwise would be dangerous or injurious to the public health or safety.

B.

For any purpose which would be for any reason injurious to the health, safety, convenience or welfare of the community or harmful to property therein.

(Prior code § 145-35)

A.

Purpose. The purpose of this section is to provide individual detailed review of certain uses or structures which have a substantial impact upon the character of the town and upon traffic, utilities and property values therein, thereby affecting the public health, safety and general welfare thereof. The environmental design review process is intended to promote the specific purposes listed in Section 17.04.030 of this title.

B.

Application. Any use specified in Section 17.12.130, Table of Use Regulations, as requiring a special permit shall obtain a special permit for all new structures, new outdoor uses, exterior additions and changes in use, subject to the environmental design review procedures and standards specified in this section.

C.

Permit and Procedure. Uses subject to the provisions of this section may be allowed by special permit. Any person desiring such a permit shall submit an application to the board of appeals in accordance with the application procedure for special permits, except for uses contained in Section 17.24.040, which shall be submitted directly to the planning board. A copy of the application, with accompanying plans, photographs and sign permit application, shall be submitted at the same time to the planning board and the town council.

D.

Required Submittals. In addition to the site plan required for special permits in Section 17.24.010(C), the application shall be accompanied by the following:

1.

Model. An inexpensive study model or final presentation model at a minimum scale of one inch equals twenty (20) feet unless another scale is found suitable by the special permit granting authority, showing the tract, abutting streets, proposed contours, proposed buildings and the massing of abutting buildings (not required for additions, alterations or changes in use which increased gross floor area by less than fifty (50) percent).

2.

Drawing of Existing Conditions. A drawing (at a minimum scale of one inch equals twenty (20) feet) (unless another scale is found suitable by the special permit granting authority) showing the location, type, size and dimensions of existing trees; rock masses; existing topography at two-foot contour intervals; and other natural features with designations as to which features will be retained. In order to meet the conditions for approval of a special permit, all existing trees, rock masses and other natural features shall be retained until a special permit is approved.

3.

Drawing of Proposal.

a.

Structure. A drawing, including color and type of surface materials, showing front and rear elevations and side elevations where there are no adjoining buildings and floor plans.

b.

Landscape. A drawing showing the location, dimensions and arrangements of all open spaces and yards, including type and size of planting materials, color and type of surface materials, methods to be employed for screening and proposed topography at two-foot contour intervals.

4.

Photographs. Photographs showing the proposed building site and surrounding properties and of the model (if required). Applications for alterations and additions shall include photographs showing existing structures or signs to be altered and their relationship to adjacent properties.

5.

Impact Statement. Statement by applicant with explanation of how each of the environmental design review standards is incorporated into the design of the proposed development. Where a particular standard is not applicable, a statement to that effect will suffice. An environmental impact statement prepared in accordance with state or federal regulations may be accepted as a substitute in lieu of this statement.

6.

Signs. Application for permit and accompanying plans as specified under Section 17.32.070 for each sign that is to be erected on the property.

E.

Board of Appeals Procedure.

1.

The board of appeals shall, within ten days, refer the proposal and model thereof to the planning board, which for the purposes of this section shall serve in an advisory capacity to the board of appeals. The planning board shall evaluate the proposed use on the basis of the standards set forth in subsection F of this section and in Section 17.24.010, using outside consulting services when appropriate, and shall submit its findings and recommendations in a design review report to the board of appeals, specifically addressing each standard individually.

2.

The board of appeals shall not take final action on an application for a special permit under this section until it has received the design review report or until thirty (30) days have elapsed after submittal of such proposal to the planning board without receipt of a design review report. The board of appeals shall not deny a special permit required by this section unless it finds that the proposed use does not comply with the standards listed in subsection F of this section to such a degree that such use would result in a substantial adverse impact upon the character of the neighborhood in which the use is proposed or of the town and upon traffic, utilities and public or private investments therein, thereby conflicting with the purposes of this chapter.

F.

Environmental Design Review Standards. The following standards shall be utilized by the board of appeals, the planning board and the town council in reviewing all site and building plans. These standards are intended to provide a frame of reference for the applicant in the development of site and building plans as well as a method of review for the reviewing authority. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation. The specification of one or more particular architectural styles is not included in these standards. The standards of review outlined in subsection (F)(1) through (F)(10) of this section shall also apply to all accessory buildings, structures, freestanding signs and other site features, however related to the major buildings or structures.

1.

Preservation of Landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Special attention shall be given to maintaining the natural capacity of the land to prevent or reduce flooding. Structures shall be designed with attention to minimizing the potential for property damage from flooding and the redirection of flood waters to other locations taking into consideration current conditions and the potential for future sea level rise.

2.

Relation of Buildings to Environment. Proposed development shall be related harmoniously to the terrain and to the use, scale and architecture of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. The board of appeals may require a modification in massing so as to reduce the effect of shadows on abutting property in a residential A district or on public open space.

3.

Circulation. With respect to vehicular and pedestrian circulation, including entrances, ramps, walkways, drives and parking, special attention shall be given to the location and number of access points to the public streets (especially in relation to existing traffic controls and mass transit facilities), width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community facilities and arrangement of parking areas that are safe and convenient and (insofar as practicable) do not detract from the use and enjoyment of proposed buildings and structures and the neighboring properties.

4.

Surface Water Drainage. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system.

5.

Utility Service. Electric, telephone, cable television and other such lines and equipment shall be underground where applicable. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be indicated.

6.

Advertising Features. The size, location, design, color, texture, lighting and materials of all permanent signs and outdoor advertising structures or features shall not detract from the use and enjoyment of proposed buildings and structures and the surrounding properties.

7.

Special Features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall reasonably be required to prevent their being incongruous with the existing or contemplated environment and the surrounding properties.

8.

Safety. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and maximize accessibility by fire, police and other emergency personnel and equipment. Insofar as practicable, all exterior spaces and interior public and semipublic spaces shall be so designed as to minimize the fear and probability of personal harm or injury by increasing the potential surveillance by neighboring residents and passersby of any accident or attempted criminal act.

9.

Heritage. With respect to Winthrop's heritage, removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.

10.

Microclimate. With respect to the localized climatic characteristics of a given area, any development which proposes new structures, new hard-surface ground coverage or the installation of machinery which emits heat, vapor or fumes shall endeavor to minimize, insofar as practicable, any adverse impacts on light, air and water resources or on noise and temperature levels of the immediate environment.

(Prior code § 145-36)

( Ord. of 7-19-22 )

A.

Any use specified in Section 17.12.130 of this title, Table of Use Regulations, as requiring a special permit and environmental design review by the Winthrop planning board (WPB) shall obtain such special permit in accordance with the procedures and standards specified in this section.

B.

Every applicant under subsection A of this section shall file with the planning board an application for an environmental design review. The application shall include the material listed in Section 17.24.030(D) and any material required by the rules of the planning board.

C.

The plans shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect as to the location of the building, setbacks and all other required dimensions, elevations and measurements; and, further, the plan(s) shall be signed under the penalties of perjury.

D.

The planning board shall review the plans and model and may grant a special permit subject to the conditions and safeguards listed in this chapter. The planning board, for stated reasons, may deny approval of a special permit or may approve a special permit without a finding of hardship. The site plan shall be subject to the standards listed in Section 17.24.010(C) of this chapter, and the planning board shall make a determination that the project meets such standards.

E.

Before granting a special permit, the planning board shall hold a public hearing, notice of which shall be given in a local newspaper once in each of two successive weeks, with the first publication to be not less than fourteen (14) days before the date of the hearing, and to owners of all property abutting the proposed development or land in the same ownership or contiguous ownership and to all property owners deemed by the planning board to be affected thereby. The planning board shall make its finding within ninety (90) days following the public hearing. If the planning board fails to issue its findings within ninety (90) days, the special permit shall be deemed approved and a special permit granted.

F.

The planning board shall make copies of the site plan, the model, the application and any other supporting material immediately available to the town council, the board of health and the building inspector, and they shall have an opportunity to prepare written reports with recommendations to be submitted to the planning board before the public hearing. The failure of the town council or the board of health or the building inspector to submit written reports or to give an oral report at the public hearing shall not invalidate action by the planning board. A favorable decision by the planning board shall require the votes of at least four members of such planning board.

G.

The planning board, by virtue of its designation as a special permit granting authority, shall follow all procedures and exercise all the rights of the board of appeals in granting special permits, or take any action relating thereto.

(Prior code § 145-37)

Editor's note— Ord. of 7-22-14(1) , repealed § 17.24.050 in its entirety. Former § 17.24.050 pertained to business design review board and was derived from prior code § 145-38.

A.

The removal of sand, loam, sod, gravel or other earth materials for commercial purposes is expressly prohibited unless a permit therefor is granted by the board of appeals after due notice and a public hearing.

B.

However, nothing contained in this section shall prohibit the removal of the same in connection with the ordinary construction of a building for which a permit has been duly issued. Violation of this section shall subject the violator to a penalty of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00)for a second or subsequent offense.

(Prior code § 145-39)

Gasoline service stations, automobile/truck body repair businesses and automobile towing businesses shall be designed to conform to the following requirements:

A.

No driveway shall be permitted to any street that carries traffic at such speed or in such quantity that the building inspector deems that access to or egress from a gasoline station at such a location will create a hazardous condition.

B.

The minimum lot area shall be ten thousand (10,000) square feet.

C.

The minimum frontage on a street shall be one hundred (100) feet.

D.

The maximum width of driveways and sidewalk openings measured at the street lot line shall be thirty (30) feet; the minimum width shall be twenty (20) feet.

E.

The minimum distance of driveways, measured at the lot lines, shall be as follows:

1.

From corner lot line: twenty (20) feet.

2.

From interior side lot line: ten feet.

3.

From other driveway on same lot: twenty (20) feet.

F.

The minimum setback of any building from all street lot lines shall be forty (40) feet.

G.

The minimum setback of gasoline pumps from all street lot lines shall be twelve (12) feet.

H.

A raised curb at least seven inches in height shall be constructed along all lot lines except at driveway openings.

I.

Protection from Headlight Glare.

1.

Properties in residential districts which abut a gasoline service station shall be protected from headlight glare by either:

a.

A strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years; or

b.

A wall, barrier or fence of uniform appearance at least five feet high, but not more than seven feet above finish grade. Such wall, barrier or fence must be opaque.

2.

Such screening shall be maintained in good condition at all times and shall not be permitted to exceed seven feet in height within the required side yards. Such screening or barrier may be interrupted by normal entrances or exits and shall have no signs hung or attached thereto other than those permitted in the district.

J.

All illumination on outdoor areas shall be shielded so as not to shine upon any property in a residence district.

K.

Major repair work and lubrication shall be performed inside the building only.

L.

No outside automobile or truck washing shall be done in such a manner as to cause water to flow across the sidewalk or into a public or private way.

M.

The areas of the lot not landscaped and so maintained shall be graded, surfaced with asphalt or other suitable material and drained to the satisfaction of the building inspector to the extent necessary to prevent nuisances of dust, erosion or excessive water flow across public ways.

N.

All businesses engaged in automobile body repair, automobile towing and gasoline service stations which provide automobile body repairs and/or automobile towing shall provide a fully enclosed area for the storage of automobiles and other motor vehicles. Such enclosures shall be constructed of wood, including stockade-type fence or chain link fence of lattice composition. No temporary or permanent storage of motor vehicles shall be allowed in any other area of such business property. Such enclosures as herein above described shall be of uniform appearance at least five feet high but not more than seven feet above finish grade.

(Prior code § 145-40)

A lot to be used for outdoor automobile rental or sales or storage for rental or sales shall conform to the requirements of this section:

A.

No driveway shall be permitted to any street that carries traffic at such speed or in such quantity that the building inspector deems that access to or egress from such location will create hazardous conditions.

B.

The minimum lot area shall be ten thousand (10,000) square feet.

C.

The minimum frontage on one street shall be one hundred (100) feet.

D.

The maximum width of driveways and sidewalk openings measured at the street lot line shall be thirty (30) feet; the minimum width shall be twenty (20) feet.

E.

The minimum distance of driveways, measured at the lot lines, shall be as follows:

1.

From corner lot line: twenty (20) feet.

2.

From interior side lot line: ten feet.

3.

From other driveway on same lot: twenty (20) feet.

F.

Properties in residential districts which abut outdoor automobile sales lots shall be protected from headlight glare by alternative forms of screening described in Section 17.24.070 of this chapter.

G.

All illumination on outdoor automobile sales lots shall be shielded so as not to shine upon any property in a residential district.

H.

Major repair work and lubrication shall be performed inside the building only.

(Prior code § 145-41)