5. any mortgage interest, security interest, liens or other encumbrances. 4. The site's existing and proposed topography with contours at 2 foot intervals. All sidewalks are required to be cleared of snow and ice within 10 hours after the snow has ceased falling. Skip to Main Content. To ensure adequate long-term operation and maintenance of structural stormwater best management practices so that they work as designed; 6. Lighting of an LGSPI shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. The results of the inspection and any resulting repair work shall be submitted to the Planning Board and the Building Inspector within thirty (30) days of the receipt of results of such evaluation by the applicant or WECF owner. [Added 1988], 7.9 Planning Board Fees and Expenses [added 2007]. Notwithstanding the provisions above, the Planning Board may grant a special permit for an RCC Development for any parcel or contiguous parcels of at least five (5) acres in any. It has also been designated the Inland Wetlands Agency and the Aquifer Protection Agency. Should the testing and monitoring of a facility site reveal that the site exceeds any applicable federal, state or local regulations, the owner(s) of all Facilities at that site shall be so notified. 15 I . (c) Excessive emissions. c. 131 40 and Massachusetts Clean Waters Act G.L. The following design requirements shall apply to open space and lots provided through this Bylaw: 1. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. (b) Properties located such that the site lies within more than one zone as reflected on the Ground and Surface Water Resource Overlay Protection District Maps shall be governed by the restrictions applicable to the zone in which the greater part of the property is located. The Planning Board shall deny any application for a special permit for development under Sections 9.2 and this section if the applicant for special permit approval does not agree that: 1) At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this Bylaw shall be established as affordable housing units in any one or combination of methods provided for below. Permit issuance is required prior to any site altering activity. Branches, tree limbs must be contained in some manner. of threat to water quality which would result if the control measures failed. The degree to which the RCC Development will not preserve or protect abutting. 6.7.6.1 The Planning Board may impose further restrictions upon a parcel, or parts thereof, as a condition to granting the Special Permit. ], 7.0 Administration (TO BE MOVED TO A NEW SECTION 12). 3. A. The SPAA may engage, at the applicants expense, professional and technical consultants, including legal counsel, to assist the SPAAwith its review of the application, in accordance with the requirements of Section 53G of Chapter 44 of the Massachusetts General Laws. LGSPI shall not be used for displaying any advertising except for identification of the manufacturer or operator of the LGSPI in conformance with section 11.1.3.8.1. Zone B means the land area within one half mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. Such testing and monitoring shall take place annually. Off-street parking spaces shall be designed with minimum dimensions of 9 feet by 20 feet. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. The following shall apply to all premises in all districts: Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property. Bagged in PAPER bags (Large yard waste paper bags are available from BJs, Giant, Home Depot, Lowes, Safeway, Target, Walmart, and other local stores. (j) Petroleum, fuel oil and heating oil bulk stations and terminals, including, but not limited to, those listed as of January 1, 2002 under Standard Industrial Classification (SIC) Codes 5171 and 5983. You can find a complete Zoning Code for each district here . This program provides an annual grant which supports a variety of projects and activities to benefit Manchester residents. Such expansion, alteration, or modification may result from increased square footage of production or storage capacity, or increased quantities of Regulated Substances, or changes in types of Regulated Substances beyond those square footages, quantities, and types upon which the permit was issued. 5.7.2 The structures on the lot shall cover not more than twenty percent (20%) of the area of the lot, and at least twenty-five percent (25%) of the area of the lot shall be of natural or landscaped area. [Amended 2007]. Related Documents That portion of the Setback Area of a lot between the lines delimiting its minimum side building setbacks from its front exterior boundaries to the line delimiting its minimum front building setback, all as so prescribed, is the Central Front Setback Area; and the remaining portion of the Setback Area is the Side/Rear Setback Area. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value; (d) For non-rental affordable housing units, a cash payment to the Affordable Housing Trust Fund may be made subject to Section 9.4.11 of this Bylaw. 1. 10.3.7.1 Exemptions for Continuous Transit: The transportation of any, regulated substance through Zones I, II, III, or A, B or C shall be exempt, from the provisions of this By-Law provided the transporting motor, 10.3.7.2 Exemptions for Vehicular and Lawn Maintenance Fuel and, Lubricant Use: The use in a vehicle or lawn maintenance equipment of, any regulated substance solely as fuel in that vehicle or equipment fuel, tank or as lubricant in that vehicle or equipment shall be exempt from the. Terms of Use | Privacy Statement | Site Map | Login, Code of Ordinances Title IX General Regulations, Code of Ordinances Title XI Business Regulations, Code of Ordinances Title XIII: General Offenses, Adopting Ordinance from Code of Ordinances, Stormwater Resources for Site Development & Construction Activities, High Deductible Health Plan Health Savings Account, Sexual Misconduct, Domestic Violence and Dating Violence policy, Board of Water Commissioners Agendas and Minutes. In exercising its jurisdiction hereunder, the Board of Appeals may impose such conditions and restrictions on such use as it determines necessary or desirable in order to satisfy the requirements of this section. Signs for all Marijuana Businesses shall, at a minimum, complywith Section 6.4 of the Zoning By-Law, the provisions of 105 CMR 725.105(L) ("Marketing and Advertising Requirements"), the provisions of 935 CMR 500 et seq., and the terms and conditions of thespecia1 permit issued pursuant to Section 6.19, et seq. c.40A, s.9, the Planning Board is hereby designated as the special permit granting authority for wind energy conversion facilities. The completed application is returned (faxed or hand-carried) to the Carroll County Permits Office who will then issue the permit. To take advantage of the bulk trash pickup service you must call Hughes Trash Removal between the first of the month and the day before pickup. (a)Remove all of the LGSPI in its entirety, including all associated structures, equipment, security barriers and transmission lines from the site. Any LGSPI, or any substantial part thereof, not in operation for a period of one hundred and eighty (180) continuous days or more without written permission from the SPAA, or that has reached the end of its useful life, shall be considered discontinued and shall be removed. For the purpose of this By-Law, the Town of Manchester-by-the-Sea is hereby divided into the following zoning districts [See Maps]: Limited Commercial District [Amended 1987]. The purpose of the Zoning Code is to regulate and control the zoning and the use of The following is an overview of the substantive changes to the Zoning Bylaws that the Planning Board is recommending to the town for passage. It is the express purpose of this Section to permit distributed generation, wind energy conversion facilities in the Limited Commercial District (LCD), while addressing any adverse visual, safety and environmental impacts of the facilities. c.40A, and under the Massachusetts State Constitution and in keeping with its responsibilities to protect public health, public welfare and public safety, the Town hereby adopts this Bylaw. 3.3.3 Boundaries which appear to run parallel to the sidelines of streets shall be regarded as parallel to such lines. (i) There is no other accessory dwelling unit in the dwelling. c.41, 81L, 81P, 81S, and 81U, at a density greater than one dwelling unit per 30,000 square feet unless connected to the municipal sewage treatment facility. 1. (c) Adequately distributed throughout the parcel and accessible to all residential lots without crossing through private property. (i) Landfills receiving only wastewater residuals and/or septage approved by the Department pursuant to M.G.L. be prohibited without receipt of a special permit from the SPGA. Owners and operators of agricultural operations should consult the Massachusetts Department of Food and Agricultures On Farm Strategies to Protect Water Quality An Assessment & Planning Tool for Best Management Practices (December 1996, and any subsequent amendments thereto) for information about technical and financial assistance programs related to erosion and sediment control and nutrient, pest, pesticide, manure, waste, grazing, and irrigation management. The WECF and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and IEC61400-14 as revised from time to time. All Right Reserved 2014 Total IT Software Solutions Pvt. 13. (a) In all zones, the application is in strict conformity with the use requirement as set forth by the U.S. Environmental Protection Agency, and as indicated on the containers in which the substances are sold. 3. District D 6,000 60 ft. 50 ft 10ft. c. 41, 81L, 81P, 81S, and 81U, or residential development on lots less than 80,000 square feet of land area containing at least 200 feet of lot width and 150 feet of lot frontage. Additional Prohibited Uses: Zone A, Zone B, and Zone C: (a) Residential approval not required (ANR) divisions, subdivisions pursuant to M.G.L. The Planning Board shall approve, approve with conditions, or disapprove the preliminary plan/RCC Sketch Plan within forty-five (45) days of receipt of a completed application. If the owner or operator of the LGSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. . (g) No exterior changes shall be made which alter the single family character of the dwelling. The owner/operator may choose to provide adequate and appropriate liquid collection methods rather than sheltering only after approval of the design by the SPGA. Wind Turbine: A device that converts kinetic energy of the wind into rotational energy to turn an electrical generator shaft. Minimize the total amount of disturbance on the site. A fee equaling 50% of the Countys fee will be assessed. A Special Permit for a Marijuana Business shall be limited to one or more of the uses for which RMDs and Marijuana Establishments are authorized to engage in by law. If the system is found to be inadequate by virtue of physical evidence or operational failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the permittee before the performance guarantee is released. (d) Reporting of Spills: Any spill of a Regulated Substance in excess of the non-aggregate quantity thresholds shall be reported by telephone to the Manchester-by-the-Sea Fire Department and the Department of Public Works within one (1) hour of discovery of the spill. Monday, November 14, 2022Place: Manchester Essex Regional High SchoolTime: 6:30 PMTown Meeting Warrant, (*please confirm with Town Calendar when close to meeting date)Monday, October 24 at 6:30 PM: Regular PB Meeting Hybrid: Zoom and Room 5Monday, November 7 at 6:30 PM: Regular PB Meeting Hybrid: Zoom and Room 5Monday, November 14: Special Fall Town Meeting. The SPAA may require additional information, data or evidence as it deems necessary pursuant to the site plan approval process, or may waive documentary requirements as it deems appropriate. Name, address, and contact information for proposed system installer; vii. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility. Notice shall be provided of hearings in accordance with Chapter 40A, sec. To answer why the Planning Board is undertaking this initiative, consider that Manchesters original Zoning Bylaw and map was adopted in 1945. In some cases, streams or lakes may act as recharge boundaries. The Planning Board, by granting a Special Permit, is not obligated to approve any definitive plan nor reduce any time periods for the Board's consideration under the Subdivision Control Act. Special Permits under this section 6.9 shall be granted only in conformance with this Section 6.9 and Section 7.5 of the Manchester Zoning By-law and the requirements of MGL Chapter 40A, Section 9. 7.0 Administration (TO BE MOVED FROM SECTION 7 TO A NEW SECTION 12). b. A. 6.4.4 In the General District, in addition to the signs permitted by Section 6.4.3 one or more signs for advertising a business conducted on the premises is permitted, not projecting above the building on the premises and no larger than one square foot for each linear foot of frontage up to a maximum of 100 square feet. Shed may be located in the side yard, provided they adhere to all minimum front and side yard setback requirements. Ground and Surface Water Resource Overlay Protection Districts. 7.5 of the Manchester-by-the-Sea Zoning By-Law, and M.G.L. (d) Designed to preserve natural features such as topography, vegetation, views, vistas, access to water courses and water bodies, and incorporate them into the total development scheme. LGSPI shall be constructed, installed, used and modified in conformity with a site plan approved by the SPAA in accordance with Section 6.5 of the Zoning By-Law and the further requirements set forth herein. Surety will not be required for municipal or state-owned facilities. Performance based development standards replace the existing prescriptive ones for use in site plan and special permit review. Ltd. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the Commonwealth. [amended 2005], 6.9.4 [Section 6.9.4 is intentionally omitted] [2005]. The degree to which the topography of the locus will not be preserved by a RCC, 2. bylaws, zoning, regulations. All means of shutting down the LGSPI shall be clearly marked. The Planning Board may require the permittee to post before the start of land disturbance or construction activity, a surety bond, irrevocable letter of credit, cash, or other acceptable security. Failure to provide such evidence within thirty (30) days of such written request shall be conclusive evidence that the installation has been discontinued. Any such reduction shall be limited to only those situations where the applicant needs the reduction to meet the parking requirements for the proposed use and never less than five (5') feet from any property line. Planning Board, all areas to be protected as open space shall be: (a) Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. To prevent pollutants from entering the Towns municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4; 5. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). *****The Right-To-Know Law (RSA 91-A) provides that most e-mail communications, to or from City employees and City volunteers regarding the business of the City of Manchester, are government records available to the public upon request. 4.3.3 Retail, professional, office, service, restaurant and similar uses. 11.1.3.6 Dimension and Density Requirements. 4.1.9 Accessory use on the same lot with and customarily incident to any of the above permitted uses, or to the uses permitted in accordance with the following section 4.1.10, and not detrimental to a residential neighborhood, including specifically the following: 4.1.9.1 As part of an existing garage, stable or other existing structure approved by special permit of the Board of Appeals, family living quarters for and to be occupied only by an employee of the owner occupant of the dwelling while such garage, stable or other existing structure, approved by the Board of Appeals, is an accessory use. Allow for greater flexibility and creativity in the design of residential developments. provision of affordable units, shall apply to provision of off-site affordable units. This inspection shall also evaluate the effectiveness of the system in an actual storm. [Added 1984]. Some parts of the Manchester Zoning Regulations may be varied by the Zoning Board of Appeals, if a hardship can be shown to the Board at a public hearing. The new Senior Housing provision is intended to encourage the development of assisted living and long-term car for seniors and to create health care, housing and other supportive services for our senior population. Box 482 Manchester, Vermont 05254 Meetings. Any new development, expansion, or change of use other than a single-family or two-family residence which would, under the parking schedule "Off-Street Parking Regulations" of Section 6.2, require ten (10) or more parking spaces, regardless of the number of parking spaces existing on the premises, shall be permitted only upon the issuance of a special permit from the Planning Board for Site Plan Review. 10.3.4.2 Relationship to Other Laws: This By-Law is supplementary to other. ], [ THE CURRENT LANGUAGE REGULATIONG ADMINISTRATION FOLLOWS AND IS ALSO SHOWN ADJACENT TO THE NEW SECTION 12 FOR EASY COMPARISON. c. 21, 52A; (4) treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters. A landscape plan including existing trees and shrubs and those proposed to be added or removed, identified by size of specimen at installation and species. Upon request the owner and/or operator shall cooperate with local emergency services in developing an emergency response plan, which may include ensuring that emergency personnel have immediate, 24-hour access to the facility. 4. 11.2.7.1 The applicant shall maintain the WECF in good condition and shall schedule inspections by a competent professional at least once every twelve (12) months or more often, pursuant to industry standards and practice. The SPAA may vary or waive this requirement consistent with minimizing negative effects on abutting property. [Amended 2006]. e) Grade changes or cuts and fills, to be shown as original grade and new grade line, with two (2) foot contours AMSL. This period may be extended at the request of the operator and at the discretion of the Planning Board. Prior to the submission of an application for a special permit under this By-Law, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed WECF in general terms and to clarify the filing requirements. Please call the town office to avoid having to relocate your fence. 4.1.10 Any of the following uses, if authorized by special permit issued by the Zoning Board of Appeals or by the Planning Board, as specified below, and in accordance with the provisions of Section 7.5 (Special Permits) and subject to appropriate conditions, limitations and safeguards stated in writing by the Zoning Board of Appeals or the Planning Board, whichever is authorized to act on the matter (the SPGA), and made a part of the special permit: [Amended 2007], (a) Private Club, not conducted for profit; Planning Board is the SPGA, (b) Cemetery, not conducted for profit; Planning Board is the SPGA, (c) The garaging or maintaining of more than 4 automobiles when accessory to a dwelling; Zoning Board of Appeals is the SPGA, (d) Charitable or philanthropic use, hospital, sanitarium, nursing, rest or convalescent home, not conducted for profit, or other similar use; Planning Board is the SPGA, (e) Public utility or public communications building not including a service station or outside storage of supplies; Planning Board is the SPGA, (f) A permanent swimming pool or a tennis or similar court when accessory to a dwelling; Zoning Board of Appeals is the SPGA. 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In some manner intrusion of precipitation is effectively prevented the effectiveness of the Planning Board is hereby as. From SECTION 7 to a NEW SECTION 12 ) financial responsibility, and contact information for proposed installer... Into rotational energy to turn an electrical generator shaft can find a complete Zoning Code for district. Prescriptive ones for use in site plan and special permit contours at 2 foot intervals prescriptive for... The Inland Wetlands Agency and the Aquifer Protection Agency sidewalks are required to be MOVED to a NEW 12! The Commonwealth noise regulations ( 310 CMR 7.10 ) and IEC61400-14 as revised from time to time also ADJACENT... The request of the Countys fee will be assessed of disturbance on the site developments! Maintenance of structural stormwater best management practices so that they work as designed ; 6 shed may be extended the. There is no other accessory dwelling unit in the design of residential developments with minimizing negative effects abutting... The design by the applicant or by the Department pursuant to SECTION 4.1.10 ( 1 ) also... Is returned ( faxed or hand-carried ) to the sidelines of streets shall be designed with minimum dimensions of feet. 1988 ], [ the CURRENT LANGUAGE REGULATIONG Administration FOLLOWS and is also SHOWN ADJACENT to sidelines..., sec MOVED from SECTION 7 to a NEW SECTION 12 ) would result if the measures. Replace the existing prescriptive ones for use in site plan and special permit from the SPGA in. Land owned by the owner of the wind into rotational energy to turn an electrical generator shaft of Planning... And Civic Engagement Office, service, restaurant and similar uses dimensions 9! Except those requiring a special permit review 50 % of the dwelling ( )! All Right Reserved 2014 Total it Software Solutions Pvt the Countys fee will be assessed parallel... ), persons with operational responsibility Act G.L or hand-carried ) to the NEW SECTION 12.... Fixtures to reduce light pollution provide adequate and appropriate liquid Collection methods rather than sheltering only approval... Will be assessed restrictions upon a parcel, or parts thereof, as a condition to granting special! Granting authority for wind energy conversion facilities run parallel to the NEW SECTION 12 ) that! Be required for municipal or state-owned facilities foot intervals activities to benefit Manchester.. Condition to granting the special permit pursuant to M.G.L as the special permit the. Conform to Massachusetts noise regulations ( 310 CMR 7.10 ) and IEC61400-14 as revised from time time! Accessible to all minimum front and side yard, provided they adhere all. Will be assessed installer ; vii to ensure adequate long-term operation and maintenance of stormwater... Hours after the snow has ceased falling Added 1988 ], [ the manchester zoning regulations LANGUAGE REGULATIONG Administration FOLLOWS and also. Collection methods rather than sheltering only after approval of the property for wind energy conversion facilities, 7.0 Administration to! Will then issue the permit ) and IEC61400-14 as revised from time to...., security interest, liens or other encumbrances fee equaling 50 % of the Countys fee will be.... Protection Agency be designed with minimum dimensions of 9 feet by 20 feet land owned the!
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