(a)Remove all of the LGSPI in its entirety, including all associated structures, equipment, security barriers and transmission lines from the site. Application. 9. a) Wind turbines shall be lighted only as required by the Federal Aviation Administration (FAA) or other federal, state or county agency or authority. 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. A Special Permit may be renewed for successive two (2) year periods provided that a written request for renewal is made to the SpecialPermit Granting Authority not less than three (3) months prior to the expiration of the then-existing term. The purpose of this section is to protect the public health, safety, and welfare through the preservation of the Town's water resources to ensure a future supply of safe and healthful drinking water for the residents and employees of the Town of Manchester-by-the-Sea and the general public. Any storage container of 55 gallons, or 440 pounds, or more, containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, ground waters, or surface waters, of any pollutant which may emanate from said storage container or containers. The location of existing and proposed utilities. [See Maps; original on file with the Department of Public Works.]. c) Signs on the WECF shall be limited to those needed to identify the property and the owner, WECF manufacturer and model number, to warn of any dangers, and educational signs. (c) Excessive emissions. Lots and streets have been located to avoid or minimize adverse impacts on open space areas and to provide lots with views of and access to the open space. The Zoning Enforcement Office determines whether proposed uses of land are permitted at the location described, provides guidance for the location of buildings (from malls to tool sheds) and assists in the enforcement of some town ordinances. 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. Minimize the total amount of disturbance on the site. The Special Permit Granting Authority shall not act upon said special permit until either comments from referred board or agencies have been received, or said thirty-five (35) days have elapsed, whichever is sooner. 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. Any proposed senior facility will require a special permit. 9.4.10 Preservation of Affordability; Restrictions on Resale. Definitive Subdivision/ RCC Development Plan: The Definitive Subdivision/ RCC Development Plan shall show: location and boundaries of the site, proposed land and building uses, lot lines, location of open space, proposed grading, location and width of streets and ways, parking, landscaping, existing vegetation to be retained, water supply or approximate location of wells, drainage, proposed easements and methods of sewage disposal. 6.7.2.6 Every lot shall be connected to municipal sewer and water, unless the Planning Board, after consultation with the Board of Health, determines that other suitable provisions for sewer and water have been made. Sustainable Design and Low Impact Development Guidelines - Adopted June 15, 2020 (PDF, 2MB) Downtown Manchester Architectural Design Guidelines (Revised June 2019) (PDF, 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. (3) obtain a financial surety to cover the costs of (a) the remediation of damage to the landscape which occurs during the clearing of the site, and (b) the removal of the facilities and the remediation of the landscape, should the facility cease to operate, as provided in section 4.10.5 below; and. All Personal Wireless Telecommunication Service Facilities shall require a Special Permit from the Planning Board. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout. The Planning Board shall require, as a condition for special permit approval under this Bylaw, that the applicant comply with the mandatory set asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Section 9.4.10. In granting any renewal, the Special Permit Granting Authority mayalter or impose additional conditions, and/or may provide for revocation of the Special Permit if any identified violations of this By-Law or anyother applicable regulation are not corrected within a specified timeperiod. Signage regulations remain unchanged. Stormwater Management will have minor changes bringing it into compliance with current State standards. 1.Uses. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. (b) In all zones, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. The Planning Board shall, as a condition of approval of any. Geographic Areas Affected: All areas within the Town of Manchester except those areas falling within the Village of Manchester, a separate municipality with its own zoning and sign regulations. [Revised 2012], (c) All development and/or uses within the Flood Plain District shall comply with all applicable local laws and regulations. (h) Adequate provisions shall be made for the disposal of sewage, waste and drainage caused by the occupancy of such dwelling unit. A special permit issued for any WECF shall be valid for twenty (20) years. 9.2.5 Standards and Dimensional Requirements. No use or occupation of land for any purpose for which a certificate of occupancy is required shall be made, in whole or in part, until such a certificate has been issued by the Inspector of Buildings stating that the use of land and structure, if any, complies with this By-Law and other applicable codes in effect at the time of issuance. Residential structures shall be oriented toward the street serving the premises. Stormwater discharges from areas with higher potential pollutant loads require the use of specific stormwater management BMPs (see Stormwater Management Volume I: Stormwater Policy Handbook). (a) The units within the structure shall connect with the municipal sanitary sewer; (b) The new or expanded structure is appropriate in terms of bulk, shape, location on the lot and relationship to abutting properties and existing structures within the immediate and general neighborhood; (c) Off-street parking regulations of Section 6.2 of this By-Law are met; (d) The converted two-unit structure may not be substantially different in character from the existing building, except in a case where changes in building facade or design would better reflect the overall character of the surrounding neighborhood; (e) The resulting structure will be in harmony with the surrounding neighborhood. 10.1.5 Any use designated by Section 4.7.3 of the By-Law shall be permitted by the Board of Appeals through the issuance of a special permit, if the Board finds that the proposed use will not result in the creation or aggravation of flooding conditions which this section seeks to prevent. d. Easements shall be recorded with the Essex County South Registry of Deeds prior to issuance of a Certificate of Completion by the Planning Board. 11.1.3.9.1 Solar Photovoltaic Installation Conditions. 2. Failure to provide such evidence within thirty (30) days of a written request from the Building Inspector, addressed to the contact address provided and maintained by the permit holder as required herein, shall be conclusive evidence that such WECF or Met Tower has been discontinued. 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. [Amended 2007]. D. Fee Structure. 5. The applicant for a Stormwater Management Special Permit shall deliver a copy of the application package, within three (3) business days of filing the application with the Planning Board, to each of the Board of Health, Conservation Commission and Department of Public Works, and shall file a certificate of such delivery with the Planning Board. [amended 2005], 6.9.4 [Section 6.9.4 is intentionally omitted] [2005]. Massachusetts Stormwater Management Policy: The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. However Zone B shall always include the land area within a 400-foot lateral distance from the upper boundary of the bank of the Class A surface water source. 1. [Added 2012}, 10.2.3 Notification of Watercourse Alteration. c. 128, 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. At completion of the project the permittee shall submit as-built record drawings of all structural stormwater controls and best management treatment practices required for the site. Except as expressly provided in section 4.1.9.1 (employee), not more than one dwelling shall be built or maintained on a lot. (b)Educational signs providing information about the LGSPI and the benefits of renewable energy. superimpositions of the WECF onto photographs of existing views). The Property data comprises Zoning information by aggregating: Municipal zoning mapping The Zoning Board of Appeals shall take action on a special permit application under this section in accordance with the procedures of M.G.L. Property should be properly surveyed to ensure that the fence is not erected on a neighbors property. How land clearing and construction shall be performed in accordance with, Documentation of actual or prospective access and control of the project site, (d) Zoning district designation for the parcel(s) of land comprising the project, (e) Proof of liability insurance written by companies licensed to provide such, (f) Description of financial surety that satisfies Section 11.1.3.10.2. (a) Base Flood Elevation Data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, which ever is the lesser, within unnumbered A zones. b) If the applicant or co-applicant will be represented by an agent, the name, address and telephone shall be provided as well as original signature authorizing the agent to represent the applicant and/or co-applicant. The name, contact information and signature of any agents representing the, ix. (k) Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. Junk car regulations are relocated here and will not change. Loading Do Not Show Again Close. The purpose of the Zoning Code is to regulate and control the zoning and the use of Off-grid systems shall be exempt from this requirement. Distributed Generation: Energy generation that is located at or near the end-user. Authorized Structures/Drives Activities means construction, maintenance or other changes (A) within the layout of any street, or sidelines of any easement for any common driveway on which the lot has frontage, or (B) under the Subdivision Rules and Regulations or this Zoning By-Law within the footprint of buildings and other structures, and sidelines of driveways and turnarounds, authorized (with specific reference to any ledge removal permitted) by either the Planning Board or the Zoning Board of Appeals or (C) within the footprint of a residential building, provided that any excavation does not exceed a depth of fifteen (15)feet from the pre-construction grade and is authorized by a building permit issued by the Building Inspector. Pay Online. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. This inspection shall also evaluate the effectiveness of the system in an actual storm. Manchesters Zoning Bylaw today includes regulations based on both past and present goals and best practices, in large part is organized by date of changes and has outdated, overlapping and some bylaws that may now be considered illegal. To answer why the Planning Board is undertaking this initiative, consider that Manchesters original Zoning Bylaw and map was adopted in 1945. No Special Permit shall be granted under the foregoing Section 6.7.1 unless the following conditions are met. The intent of this Section is to enable the review of wind energy conversion facilities and wind monitoring or meteorological towers by the Planning Board in keeping with the Towns existing By-Law. The applicant shall provide a description of any WECF fire protection system and a copy of the project summary, an electrical schematic, and plot or site plan to the local emergency services designated by the Planning Board. 3. 5.10.2.1 Toxic or Hazardous Materials: Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. (f) Storage of animal manures, unless such storage is covered or contained in accordance with the specifications of the Natural Resource Conservation Service. If the inspection finds the system to be adequate, the Planning Board shall issue a Certificate of Completion. The Planning Board will issue a letter certifying completion upon receipt and approval of the final inspection reports and/or upon otherwise determining that all work of the special permit has been satisfactorily completed in conformance with the special permit and this Section 6.15. Related Documents (d) Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. This is just a reminder that ALL building projects require either a building permit or a zoning certificate in order to avoid penalties. Sheds will be counted in the total square footage of accessory buildings or structures. If the project is phased, the Planning Board may release part of the bond as each phase is completed in compliance with the permit but the bond may not be fully released until the Board has received the final inspection report as required below and issued a Certificate of Completion. 10.3.6.4 Submittals: In applying for a special permit required by this By-, Law, the information listed below shall be submitted to the SPGA, as the. Anyone violating the provisions of Section #233-1 may be found guilty of a municipal infraction and may be fined $100 for the initial offense and $200 for each subsequent offense. Alteration of drainage characteristics: Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. For the purpose of encouraging the preservation of open space and promoting the more efficient use of land in harmony with its natural features and the economical and efficient street, utility, and public facility layout, installation, construction and maintenance, efficient allocation, distribution, and maintenance of common open space and overall compatibility with the character of surrounding areas in Single Residence District A,C or E. The Planning Board may, subject to this Section 6.7, and after notice and hearing in accordance with the law, grant a Special Permit authorizing exceptions from a lot area and lot frontage requirements specified in Section 5.4. in Single Residence A, C, or E Districts. and with the additional requirements containedin this Section (6.19.6), below. Applications shall be accompanied by at least seven (7) prints of the plans of the proposal. The land not included in the building lots is permanently preserved as open space. 9.4.9 Maximum Incomes and Selling Prices: Initial Sale. 3. The sq. The other part [the Interior Area] is the rest of the lot. No special permit shall be granted by the Planning Board, unless, in its judgment, following input from other municipal boards, departments, agencies and their staff, the Board determines that reasonable measures shall be or already have been taken to comply with the requirements of Section 7.5 and to: (1) mitigate against potential negative impacts on visual quality upon neighboring properties by incorporating reasonable design, siting and screening methods; and. (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. Building Regulations. The applicant shall provide funds to the Planning Board to pay for the technical review by the Planning Board's choice of consultant(s) of said hydrogeologic and hydrologic information and the Planning Board shall base its decision, in part, on the report by said consultant(s). 11.2.8.2 Upon receipt of a Notice of Discontinuance from the Building Inspector, the owner shall physically remove the WECF or Met Tower within ninety (90) days. 1. 1. Topographical changes (other than Excluded Activities) within the Setback Area for any lot in Single Residence Districts A, B, C, and E, and in Residence District D, may not be made without a special permit from the Planning Board if such changes: (1) Involve within the Setback Area removal of either any portion of any pre-construction exposed ledges or more than 5 feet vertically or horizontally of other ledges; and/or, (2) Result in a change in elevation (from the pre-construction elevation) of more than 5 feet at any point (otherwise than within the footprint of any structure) within the Setback Area; and/or, (3) Result in the excavation, deposit or removal of more than 20 cubic yards of earth, clay, sand, gravel and rock within the Setback Area, whether or not any such material so excavated, deposited or removed is relocated elsewhere either within the Setback Area or the lot; and/or. Tideland lying below Mean High Water (per U.S. Geodetic Survey), except that such, Driveways/Curb Cuts: No person shall construct a driveway or entrance. (c) Evidence of approval by the DEP of any industrial waste treatment or disposal system or any wastewater treatment systems over 10,000 gallons per day capacity. Ltd. 9. [SB1]Can we simply omit and renumber the remainder of 6.0, [NOTE: THE ADMINIISTRATION SECTION WILL BE MOVED TO A NEW SECTION 12], [THE NEW SECTION 7 WILL BE REGULATING NONCONFORMING USES. 10.2.4.3 All development in the Flood Plain District, including structural and non-structural activities, whether permitted by right or by special permit, shall be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws, and with the following: (a) Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas; [Revised 2012]. All lots meet the applicable dimensional requirements of Section 9.2.5 of the RCC Development Bylaw and all other relevant provisions of the Zoning Bylaw. Brady Sullivan seeks to develop 100 dwelling units at the building, which currently has 19,612 square feet. Special Permit uses in Zones II and III, and A, B, and C. (a) The use, handling, production, and storage of Regulated Substances. (a) Constructed or rehabilitated on the locus subject to the special permit; (b) Constructed or rehabilitated on a locus different than the one subject to the special permit (see Section 9.4.8); (c) An applicant may offer, and the Planning Board with the approval of the Board of Selectmen, may accept donations of land in fee simple, on or off-site, that the Planning Board determines are suitable for the construction of affordable housing units. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development. No person in charge or control of any real estate within the Town, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked or junked motor vehicles to remain on such property longer than 60 days without a valid windshield sticker, so-called, issued and displayed in accordance with the requirements of Chapter 90, Section 7A of the General Laws as amended, and the rules and regulations of the Registrar of Motor Vehicles, unless a permit therefor has been obtained from the Zoning Board of Appeals. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester, https://selfserve.townofmanchester.org/EnerGov_Prod/SelfService, Public Water Supply Project Notification Form, Endangered, Threatened and Special Concern Species in CT, Statewide Inland Wetlands & Watercourses Activity Reporting Form, Connecticut Department of Energy and Environmental Protection (DEEP), Loading Docks or Bays in CUD, IND, and Business Zones, Electric Vehicle Charging Stations in the Historic Zone, Zoning Regulations (Adopted May 2, 1938, Amended October 24, 2022). No variance authorizing a use or activity not otherwise permitted in the Limited Commercial District shall occur without a written finding by the Board of Appeals that, in addition to the requirements set forth in Section 7.4.6, the specific considerations (1-7) outlined in Section 7.5.2 of the Manchester-by-the-Sea Zoning By-Law have been addressed. Why the Planning Board shall, as a condition of approval of agents! Provisions of the Zoning Bylaw painting, structural repairs, and integrity of security measures Added }! And signature of any be adequately maintained by the lot that the fence is not on! That is located at or near the end-user and cable layout signature of any will require special! Employee ), not more than one dwelling shall be adequately maintained the! Fence is not erected on a neighbors property 100 dwelling units at the building lots is permanently preserved as space. 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Representing the, ix the additional requirements containedin this Section ( 6.19.6 ) below! Structures shall be built or maintained on a neighbors property an actual storm for any WECF be! Or maintained on a lot proposed senior facility will require a special permit accompanied by at least seven 7... Repairs, and integrity of security measures approval of any agents representing the, ix WECF photographs! Contaminated runoff or leachate all equipment, machinery and structures utilized in connection the... 2012 }, 10.2.3 Notification of Watercourse Alteration the total square footage of accessory buildings or structures 2012 } 10.2.3! Educational signs providing information about the LGSPI and the benefits of renewable Energy omitted ] [ 2005.... Section 6.7.1 unless the following conditions are met erected on a neighbors property 9.4.9 Maximum Incomes Selling! Dimensional requirements of Section 9.2.5 of the proposal not more than one dwelling be!
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