The common driveway, at its intersection with the street, must provide a leveling off area with a slope no greater than 1% for the first 20 and a slope no greater than 5% for the next 30. An Operation and Maintenance Plan (O&M Plan) is required at the time of application for all projects. The Board of Appeals shall adopt rules, not inconsistent with the provisions of this By-Law and The Zoning Act or other applicable provisions of the General Laws, for the conduct of its business and shall file a copy of such rules with the Town Clerk. (b) In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. The applicant shall: (a), at least seven days prior to filing the application, mail a notice (in the form specified by the Planning Board) to all property owners within one hundred feet of the locus for which a driveway/curb cut is sought as such property is identified in the most recent information available at the Assessors Office, (b) certify in such application that such notice has been mailed, (c) attach to such application a list of the names and addresses of those notified, and file the application (with the filing fee, as established by the Planning Board) with the Planning Board by submission to the Town Clerk. 3. 8. The Town of Manchester weekly trash pick up is Wednesday. The applicant shall be advised of the selection of an outside consultant, and of the sum to be deposited with the Town in a special account for the reasonable fees for the employment of the same. The permit holder shall adjust the total amount of security every five (5) years as necessary to ensure that it reflects current estimated removal costs plus twenty-five (25) percent contingency. The Zoning Board of Appeals shall take final action on the special permit application within thirty (30) days following the close of the above-noted public hearing. Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater Management Volume I: Stormwater Policy Handbook). The term "building" shall be construed where applicable as if followed by the words "or portion thereof". All such accessory structures, including but not limited to, equipment shelters, storage facilities, transformers, substations shall be architecturally compatible with each other and shall be landscaped and screened from view by vegetation, located underground, or behind berms, and/or clustered to minimize visual impacts. 1. The location of open space provided through this Bylaw shall be consistent with the policies contained in the Manchester-by-the-Sea Comprehensive Plan and the Open Space and Recreation Plan, as amended. In-ground pools will not count toward total square footage of accessory buildings or structures. 5.10.1.2 Disposal: For any toxic or hazardous wastes to be produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with Chapter 21C, MGL. [Amended 1987, 2001, 2007]. The applicant shall cooperate with local emergency services in developing an emergency response plan. (1) The term "Personal Wireless Telecommunication Service" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; (2) The term "Personal Wireless Telecommunication Service Facilities" means facilities for the provision of personal wireless telecommunication services. Failure to comply with this section shall be good grounds for denying the application. 6. Recycling and Bulk Pick Up. (e) Monitoring of Regulated Substances in Groundwater Monitoring Wells: If required by the SPGA, groundwater monitoring well(s) shall be provided at the expense of the permittee in a manner, number and location approved by the SPGA. development plan is submitted, applicants shall be prepared to demonstrate to the Planning Board that this design process was considered in determining the layout of proposed streets, house lots, and contiguous open space. This inspection shall also evaluate the effectiveness of the system in an actual storm. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. Including: i) Location of all roads, driveways and parking areas, public and private, on the subject property and on all adjacent properties within thirteen hundred (1300) feet including driveways proposed to serve the WECF; ii) All proposed changes to the existing property, including grading, vegetation removal or replacement and temporary or permanent roads and driveways; iii) Representations, dimensioned and to scale, of the proposed WECF, including power cable locations, parking areas and any other construction or development attendant to the WECF. If the permittee fails to act the Town may use the surety bond to complete the work. The site's existing and proposed topography with contours at 2 foot intervals. Upland open space as required by this Bylaw has been provided and, generally conforms to the Design Requirements in Section 9.2.8 of this. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas. Off-street parking spaces shall be designed with minimum dimensions of 9 feet by 20 feet. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. development referred to in Section 9.2, require that the applicant for special permit approval complies with the obligation to provide affordable housing pursuant to this Bylaw and more fully described in Section 9.4.5. 11.2 Wind Energy Conversion Facilities [Adopted 2011]. Should you observe stray animals, please report to the County Animal Control Office @ 410-848-4810. The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectional features from neighbors. The Planning Board may rely upon findings and recommendations of the Board of Health and the Conservation Commission. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts. 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. Loading. Preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails. 1. Site Plan Approval Authority (SPAA): The site plan review authority as designated by the Zoning By-law. Where appropriate, reasonable access shall be provided to shorelines. The owner or operator shall physically remove the installation no more than ninety (90) days after the date of discontinued operations, which period may be extended with written permission of the Building Inspector for no more than sixty (60) days. At least five (5%) percent of the interior of any parking lot having twenty (20) or more spaces shall be maintained with landscaping, including trees, in plots of at least four (4') feet in width. 2. 5. They will be discussed at the public hearing in May, revised, and final wording brought to Town Meeting on June 11th for a final vote. Re-codify then means to re-code, re-systematize, re-classify or more simply put re-format and re-organize. No mulch, dirt, residential refuse or pet waste will be taken if placed in any container. As of 2019, flood damage insurance to property owners in Gloucester totaled over $7 million, the sixth highest in the state, he said. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. 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. Plans and reports from the Redevelopment Agency. Development: The modification of land to accommodate a new use or expansion of use, usually involving construction. Fences must not enclose utilities. [Added 1987], 7.5.1 Certain uses are designated in this By-Law as requiring a special permit. (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. The increasing use of business and personal devices relying on Personal Wireless Telecommunication Service Facilities, often referred to as Wireless Telecommunications Service Facilities, has generated a significant number of applications for the placement, construction and modification of such facilities throughout the Commonwealth and the Cape Ann region. Plans shall be approved provided that the Planning Board determines that subject to any conditions that may be imposed the requirements of Section 6.2 will be satisfied, and that no other conflicts between the proposal and the Zoning By-Laws have been observed. Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. (i) There is no other accessory dwelling unit in the dwelling. In connection with any such Application to the Planning Board, all expenses for advertising, recording and filing of documents, and for the reasonable fees (and expenses) for the employment of outside consultants as the Planning Board shall select, if and when it shall determine to do so, shall be borne by the applicant. 2. 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. 6.7.2.11 All procedural matters with regard to notice and hearing shall conform to Section 7.5 of the Zoning By-Laws of the Town of Manchester-by-the-Sea. Retail or service (other than automotive service station): 150 sq. *****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. You can find a complete Zoning Code for each district here . [Added 2012}, 10.2.3 Notification of Watercourse Alteration. Septic Activities means construction, maintenance or other changes in a septic system authorized (with specific reference to any ledge removal permitted) after a public hearing by the Board of Health. The architecture of all buildings shall be residential in character, particularly providing gabled roofs, predominantly wood siding, an articulated footprint and varied facades. Any use otherwise permitted in the underlying district is permitted as a matter of right in the Flood Plain District, provided the use meets the following additional requirements and those of the Massachusetts State Building Code dealing with construction in flood plains and coastal high hazard areas as applicable. a) Wind turbines shall be lighted only as required by the Federal Aviation Administration (FAA) or other federal, state or county agency or authority. The O&M Plan shall remain on file with the Planning Board and shall be an ongoing requirement. Therefore, this email communication may be subject to public disclosure.******. 2. An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). The names and addresses of the person(s) responsible for operation and maintenance; b. (a) Containment of Regulated Substances: Leak-proof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. Such alteration or reconstruction shall not include an increase in floor area or volume. For Vacant Property Registration Inquires, Please call Ext. No LGSPI shall be required to obtain an independent special permit under either section. 4. We will provide you the secure enterprise solutions with integrated backend systems. 81T. 4.3.10 An existing dwelling which is altered or reconstructed so as to contain not more than 3 dwelling units. The applicant shall submit material as may be required regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding. 3. The object is to enhance the quality of life for the residents of the lot, the immediate neighborhood, and the Town generally, and to discourage unnecessary or excessive removal of rock. 6.7.2.4 There shall be excluded from the calculation of the number of lots in Section 6.7.4 all areas of the parcel which the Planning Board finds are not buildable because of the conditions such as steep slope, presence of wetlands, poor drainage or water supply problems or a combination of the foregoing. A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows. The site plan also shall show the relation of locus map at a scale not greater than 1=2,000'. 3907. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. Where appropriate, multiple use of open space is encouraged. The regular members shall be appointed such that the term of at least one member shall expire each year. The frontage of a lot is the unbroken distance measured along the street line perimeter of the lot (also referred to as street frontage) and constitutes all or a portion of the front lot line which runs between one side line of the lot to the other side line. The specific design and selection of materials shall be sufficient to preclude any Regulated Substance loss to the external environment. B. purchaser shall include the initial discount rate between the sale price and the units appraised value at the time of resale. The applicant shall provide a copy of said authoritys determination to establish the required markings and/or lights for the structure. The owner and operator of an LGSPI shall each identify a responsible person for emergency purposes and public inquiry and shall at all times throughout the life of the installation maintain current contact information (name, address, telephone number, e-mail address) for such person(s) on file with the Building Inspector, the Fire Chief, and the SPAA. provision of affordable units, shall apply to provision of off-site affordable units. No person may undertake a construction activity, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development that will ultimately disturb equal to or greater than one acre of land draining to the Towns municipal separate storm sewer system without a special permit from the Planning Board. Critical areas are Outstanding Resource Waters (ORWs), swimming beaches, cold water fisheries and recharge areas for public water supplies. 6.7.2.8 Each building lot shall contain a house site which is in the harmony with the general intent of the Zoning By-Law. One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all current National Electrical Code compliant disconnects and over current devices; v.Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter; vi. (d) To provide regulations that are enforceable and bring illegal conversions under control. 3.3.3 Boundaries which appear to run parallel to the sidelines of streets shall be regarded as parallel to such lines. Zoning and Land Use Records shall be kept of the date and amount of these substances applied at each location and said records shall be available for inspection at reasonable times by the Building Inspector and Director of Public Works. (b) To make it financially possible for existing homeowners to stay in their homes. No smoking, burning or consumption of any product containing Marijuana orMarijuana-infused products shall be permitted on the premises of a Marijuana Business except as may be expressly permitted by law. 6.2. 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. The Planning Boards action, rendered in writing, shall consist of either: 1. Rental Housing Application. For the purposes of interpretation of the Zoning Map, the following shall apply: 3.3.1 Boundaries which appear to follow streets, railroads, wood roads or brooks shall coincide with the center line thereof. E . If the Planning Board determines that the proposed location is suitable for an RCC Development, any further subdivision of the land into six or more lots shall be accomplished only through the provisions of this Bylaw. [Adopted 2003]. The construction and operation of LGSPI shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, environmental, Wetlands Protection Act, construction, electrical, and communications requirements. 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. A special permit shall be granted only if the permit-granting authority finds that it is consistent with the purposes outlined in Section 6.9.1 of this By-Law. b) Lighting of equipment structures and any other facilities on site (except lighting required by said authority) shall be shielded from abutting properties. If the inspection finds the system to be adequate, the Planning Board shall issue a Certificate of Completion. The owner or operator of the installation shall notify the SPAA and Building Inspector by certified mail of the proposed date of discontinued operations and plans for removal. No lot shall be changed as to size or shape so as to result in the violation of the requirements set forth in the table below. It is a violation of the Town of Manchester Code for any property owner to offer any unit for rent or allow any rental unit to be occupied without obtaining a valid Rental Housing License. 6 except where such. Upon application the Planning Board may extend the term of the special permit upon a finding of satisfactory operation of the WECF. Upon approval of the application, any excess amount in the account attributable to that project, including any interest accrued, shall be repaid to the applicant. Minimum Frontage: The minimum frontage may be reduced from frontage, otherwise required in the Zoning District, provided however that no lot shall have. All material modifications to a LGSPI made after issuance of the required building permit shall require prior approval by the SPAA. The ZBA will be authorized to grant special accommodation for handicapped individuals, as required by State Law. 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. No special permit shall be granted unless the special permit granting authority determines that the proposed use will not be detrimental to the surrounding neighborhood in light of each of the following factors: (a) Adequacy of the site in terms of size for the proposed use; (b) Suitability of the site for the proposed use; (c) Impact on traffic flow and safety; (d) Impact on neighborhood visual character, including views and vistas; (e) Adequacy of method of sewage disposal, source of water and drainage; (f) Adequacy of utilities and other public services; (g) Impact on public or private water supplies, wildlife habitats and other natural resource issues deemed appropriate by the special permit granting authority. Applications for building permits for construction subject to Site Plan Review shall be accompanied by a Site Plan Review application form and seven (7) prints of the plans of the proposal. The purpose of this By-Law is the promotion and protection of the public health, safety, convenience, and general welfare of the inhabitants of the Town of Manchester-by-the-Sea and of the public generally by: - encouraging the most appropriate use of land and water within the Town; - preventing overcrowding of land; - preventing undue concentration of population on the one hand, and preventing excessive scattering of population on the other; - encouraging various lot sizes and housing types for persons of various age and income levels; - minimizing traffic hazards and congestion; - providing for adequate light, air, and sanitation; - reducing hazards from fire, flood, panic, and other dangers; - assisting in the economical provision, utilization and expansion for all services provided to the public, including streets, drainage, water supply, sewage disposal, schools, parks and open spaces; - preventing blight and pollution of the environment; - maintaining and enhancing the natural and historical amenities of Manchester-by-the-Sea; and. Skip to Main Content. MyHomeCT Program. The department performs research, statistical analysis, and information management in connection with the Comprehensive Plan of Development and other special studies related to the Town's development. The Special Permit Granting Authority may refer a Special Permit application to any other town agency/board/department for comments and recommendations if it so desires before taking final action on said Special Permit application. Maintain the Towns traditional character and land use pattern in which small villages contrast with open land. In the R10,000 and R7,500 residential districts and BL Business Local District the maximum total area of all accessory buildings or structures shall not cover more than 75% of the rear yard. 6.7.3.2 The manner of ownership of such land shall be determined by the applicant after consultation with the Planning Board. 8. At the Planning Board's discretion within six (6) months of the cessation of use of any facility for use as a Personal Wireless Telecommunication Service Facility, the facility, all support buildings and/or structures, all foundations and pads and any other items installed under this Special Permit shall be removed by the owner/operator and the site shall be restored to a condition equal to or surpassing that which existed prior to construction. 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. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), except the following: (1) the replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s); and, (2) treatment works approved by the Department designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05 (13); and. Zoning By-Law copy of said authoritys determination to establish the required markings and/or lights for the structure to 7.5! Submit a fully inclusive estimate of the costs associated with removal, by! Zoning By-Laws of the Citys Municipal Code lot shall contain a house site which is in the dwelling,. Town of Manchester-by-the-Sea expire each year each district here wetlands on or adjacent to the Design Requirements in 9.2.8... 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