Such surety shall be in an amount and form determined to be reasonable by the SPAA, which may be an escrow account, bond or otherwise, and shall be provided prior to construction. The proposed use of the open space shall be specified in the application. 10.3.9 EXHIBIT A: GENERIC SUBSTANCES LIST. 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. View representations shall have the following characteristics: a) View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the WECF (e.g. Therefore, and in reliance on the Town's authority under M.G.L. (a) Findings: The Planning Board may approve the development upon finding that it complies with the purposes and standards of the RCC Development Bylaw and is superior in design to a conventional subdivision with regard to protection of, natural features and scenic resources of the site. 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. Designating the Contiguous Open Space. Contact; Main navigation. The ZBA will be authorized to grant special accommodation for handicapped individuals, as required by State Law. Term of a Special Permit. 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. Swimming pools may only be located in rear yards. The maximum size of any one structure shall not exceed 1,000 square feet. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses. 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. 9. Please look for an update on this in the near future. An LGSPI shall be set back from property lines consistent with the applicable regulations for the Limited Commercial District, with the exception of necessary connection equipment to utility transmission facilities. Loading Do Not Show Again Close. Office Hours. WECFs and Met Towers shall also be located in a manner that does not have significant negative impacts on animal species in the vicinity (particularly avian species, bats, etc.). 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. 7.5.4 Failure of the special permit granting authority to act within 90 days following the public hearing shall be deemed to be the grant of the special permit applied for and the applicant shall be entitled to whatever documents are necessary to evidence such permit. Height: The height of a wind turbine measured from grade elevation at the base of the tower to the elevation at the tip of the blade at its highest point. A. 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. 4.3.11.3 The dwelling and to the extent appropriate any accessory building shall connect with a municipal sanitary sewer; 4.3.11.4 The density shall not exceed the rate of 15 dwelling units per acre of lot except for a dwelling constructed or enlarged on a lot of less than 12,000 square feet existing on January 25, 1974; 4.3.11.5 Such other conditions and restrictions as the Planning Board may prescribe in the interest of the Town in carrying out the purposes of this By-Law. 10.3.7.4 Exemption for Retail/Wholesale Sales Activities: Except in Zone I, retail/wholesale sales establishments that store or handle Regulated, Substances for resale in their original unopened containers shall be exempt from the provisions of this By-Law, provided however, that retail/wholesale sales establishments that store or handle quantities of, Regulated Substances exceeding thirty (30) gallons liquid or twenty-five, (25) pounds solid shall be prohibited without receipt of a special permit, 10.3.7.5 Exemptions for Office and Commercial Uses: Except in Zone I, office, and commercial use of Regulated Substances below the aggregate sum, not exceeding thirty (30) gallons where said substance is a liquid or, twenty-five (25) pounds where said substance is a solid shall be exempt, from the provisions of this By-Law, provided, however, that office and, commercial uses that store or handle quantities of Regulated Substances, exceeding thirty (30) gallons liquid or twenty-five (25) pounds solid shall. The applicant shall submit such material as may be required regarding the projected traffic-flow patterns into and upon the site for both vehicles and pedestrians and an estimation of the projected number of motor vehicle trips to and from the site for an average day and for peak hours. 10.3.4.1 Determination of Location within Ground and Surface Water. Upon application the Planning Board may extend the term of the special permit upon a finding of satisfactory operation of the WECF. Planning / Zoning. This period may be extended at the request of the operator and at the discretion of the Planning Board. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. 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. Where the application of Section 6.9 imposes a greater restriction than is imposed by other Zoning By-Laws, the application of Section 6.9 shall control. 1. No part of any private parking area shall be located within a required front yard as noted in Section 5.4, Minimum Front Setback, except that no part of any private parking area shall be located within fifty (50') feet of any street within the Limited Commercial District and, within the Limited Commercial District only, no part of any private parking area shall be located within two hundred (200') feet of the state layout of Route 128, nor shall any private parking area be located within (5') feet of any property line except that where a lot has frontage on more than one street, thus establishing more than one front yard, the Planning Board may, as part of the Site Plan Review process, designate one front yard as the primary front yard and then reduce the front yard setback requirements for parking on non-primary front yards. 10.2.4.1 Within any Zone where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the State Building Code. Thereafter, the members of the association shall share the cost of maintaining the open space. Advertising and other signs shall be permitted only as expressly provided in Sections 4.1.7, 4.1.8 and this Section 6.4. The purpose of Site Plan Review is to ensure that the design and layout of certain developments permitted as a matter of right or by special permit will constitute suitable development and will not result in a detriment to the neighborhood or the environment. See Section 6.15.7. 4. No such special permit under this Section 6.12 is required for any or all of the following (collectively, the Excluded Activities): (i) Authorized Structures/Drives Activities; and/or. The third step is to identify the contiguous open space to be preserved on the site. The site plan shall be prepared at a scale no greater than 1"=40', and shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, wetlands, surface water, areas subject to the 100-flood, and landscape features such as fences, walls trees and planting areas, walks and lighting, both existing and proposed. This 50-foot setback shall be maintained in a naturally vegetated state. In addition to reorganizing and reformatting, there are also updates, changes and additions to the existing Zoning Bylaws that are being considered as part of this current initiative. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property. "Person" means any agency or political subdivision of the federal government or the Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of such person, and any group of persons. An RCC Development may consist of a combination of single-family and two-family and residential structures. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities. Off-street parking spaces shall be designed with minimum dimensions of 9 feet by 20 feet. 2. (d) Additional information requested by the Board of Appeals. required by the Planning Board to be left in a natural state. All Town streets are NO PARKING unless otherwise indicated in the Town of Manchester Code Book. each. This inspection shall also evaluate the effectiveness of the system in an actual storm. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Property Maintenance Regulations. As such, no formal findings are required for the pre-application conference. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability to qualified purchasers in the future. [See Maps; original on file with the Department of Public Works.]. Property should be properly surveyed to ensure that the fence is not erected on a neighbors property. All references to elevations should be to NGVD (National Geodetic Vertical Datum). 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. 6.7.8 Relation to Subdivision Control Act: A Special Permit issued hereunder by the Planning Board shall not be a substitute for compliance with the Planning Board's Rules and Regulations or the Subdivision Control Act. (i) There is no other accessory dwelling unit in the dwelling. April 2020 - The Town of Manchesters Planning Board, members of the Board of Appeals, Zoning Enforcement Officer, Town Planner and others have been working with the Towns legal consultant since June of 2019 to recodify and update the Towns Zoning Bylaws. Such special account shall be established and dealt with consistent with MGL c.44 Section 53G. Required Open Space: All land area not utilized for lots, roads, and drainage shall be set aside as open space. Medical Marijuana Treatment Center as defined by 105 CMR 725.000, et al., as it may be amended or superseded, and pursuant to all other applicable state laws and regulations,means a not-for-profit entity registered under 105 CMR 725.100, otherwise known as a Registered Marijuana Dispensary (RMD), that acquires, cultivates, possesses, processes (including development of related products such as edible MIPs, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers Marijuana, products containing Marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers, as those terms are defined under 105 CMR 725.004. As a condition of the grant of any special permit for a RCC Development containing six (6) or more lots or dwelling units, the Planning Board shall ensure compliance with the. Demographics, Neighborhood Indicators and much more. 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. In a riverine situation, the following must be notified of any alteration or relocation of a watercourse: Federal Emergency Management Agency, Region I. Person: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person. Any such Board or Agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Special Permit Granting Authority and the applicant within thirty-five (35) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. Curb cuts will be referred to as driveway entrances and reviewed with specific criteria by the DPW. Upon written request from the Building Inspector addressed to the contact address provided and maintained by the owner and operator as required above, the owner or operator shall provide evidence to the Building Inspector demonstrating continued use of the LGSPI. In the forty-two years since this reorganization, over 80 changes have been made ranging from adding and changing definitions, dimensional requirements, and uses, to adding entirely new sections to allow, prohibit or condition new development. The Planning Board shall make the final decision of what maintenance option is appropriate in a given situation. Met Towers shall be permitted in the LCD, subject to the issuance of a special permit in conformance with the Zoning By-law and a building permit for a temporary structure. Storm water run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations and the terms and conditions as imposed by the Planning Board. Monday - Thursday 9am-3pm. 6.7.5.1 If the land shown on the plan includes land located in two or more districts, it shall be considered lying within the districts having the largest area and frontage requirements. 14. Wastes generated by the following activities, without limitation, are presumed to be toxic or hazardous unless and except to the extent that anyone engaging in such an activity can demonstrate the contrary to the satisfaction of the Board of Health and the Board of Selectmen: * Airplane, boat and motor vehicle service and repair, * Chemical and bacteriological laboratory operation, * Motor and machinery service and assembly, * Painting, wood preserving and furniture stripping. Building Regulations. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- Outfall: The point at which stormwater flows out from a point source that is a discernible, confined and discrete conveyance into waters of the Commonwealth. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. (b) Conditions: The Planning Board shall impose conditions in its decision as, necessary to ensure compliance with the purposes of this Bylaw. Zoning Districts, 5. 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 filing requirements of Section 6.9.5 of the Zoning By-Law shall apply to applications for a special permit for a WECF. open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. Whether a plastic container to be dumped or tied in bundles not to exceed 4 inches in diameter and 4 feet long bundles must weigh no more than 50 lbs. Lighting of an LGSPI shall be consistent with local, state and federal law. This is a violation of Chapter 65 of the Town of Manchester Code and will result in an infraction. 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