10.3.5.3. 5.10 Performance Requirements within Limited Commercial District. WECF and Met Towers shall be subject to the following dimensional requirements: A WECF shall be no higher than four hundred fifty (450) feet above the elevation at its base. The Planning Board shall make the final decision of what maintenance option is appropriate in a given situation. 3. (l) Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. 9 and 11. In addition, a dwelling having not more than two dwelling units is permitted, except as is provided in Sections 4.2.2 and 4.2.3. Large-Scale Ground-Mounted Solar Photovoltaic Installations. each. Sites for the view representations shall be selected from populated areas or public ways within a two (2) mile radius of the WECF. Preliminary (Conventional) Plan/RCC Sketch Plan: Applicants proposing the. streams, marshes, historic sites, unique geological and botanical areas or features, trails, paths and open-space links, specimen trees, wildlife habitat and contiguous forested areas, and preserve natural vegetative buffer zones abutting neighboring parcels. 6.7.2.7 Limitation of Subdivision: No lot shown on a plan, for which a permit is granted under this section, may be further subdivided and a notation to this effect shall be shown on the plan. especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. less than 50 feet of frontage and provided further that such frontage reduction shall apply only to lots fronting on proposed internal roadways. Performance bonds, deposits or covenants may be released in whole or from time to time, in part, when the work has been satisfactorily completed in the opinion of the Planning Board. Principal among these is a Smart Growth Overlay District: a strategy for guiding development in the Limited Commercial District consistent with the Towns goals. 6.7.2.3 The number of building lots on any plan for which a Special Permit is granted under this Section 6.7 shall not exceed the number of lots which could be created on said parcel without such permit. Elevations shall be at either one-quarter (1/4) inch equals one (1) foot or one-tenth (1/10) inch equals one (1) foot scale and show the following: a) The WECF and if applicable the security barrier and associated equipment, with total elevation dimensions of all parts of the WECF; b) Security barrier. An LGSPI shall comply with the requirements set forth in Sections 5.10 and 6.15 of the Zoning By-Law, which requirements shall be imposed and conditioned as appropriate through the Site Plan Approval process. 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. c) The assumptions used to determine an affordable purchase price, including but not limited to minimum down payment, mortgage interest rate, term, closing and other costs shall be consistent with first-time homebuyer mortgage products available from commercial lending institutions located in or serving Manchester-by-the-Sea at the time of application for a special permit, all in accordance with the Inclusionary Housing Submission Requirements and Procedures Manual adopted by the Planning Board and filed with the Town Clerk. E. As applicable, the Proposed Operations and Maintenance Manual for the Medical Marijuana Treatment Center demonstrating compliance with all requirementsof 105 CMR 725.110, "Security Requirements for Registered MarijuanaDispensaries," including but not limited to procedures for limiting access to the facility to persons authorized under 105 CMR 725.110(A);and procedures for transport of Marijuana and/or MIPs as providedunder 105 CMR 725.110(E). ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. 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. The Planning Board will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. (p) Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication, Standard Industrial Classification Manual, and any subsequent amendments thereto. Lead Paint Control. The provisions of this By-Law shall be construed as being additional to and not as annulling, limiting or lessening to any extent whatsoever the requirements of any other By-Law, rule or regulation, provided that, unless specifically exempted, where this By-Law is more stringent it shall control. The applicant may offer, and the Planning Board may accept, any combination of the Section 9.4.5.1(a)-(d) requirements provided that in no event shall the total number of units or land area provided be less than the equivalent number or value of affordable units required by this Bylaw. Co-applicants shall include the landowner of the subject property and the operator of the WECF. Update and move Administration and Procedures Regulations, Update Nonconforming Uses and Structures Regulations, Add new Adult Entertainment Establishment Regulations, Replace existing with updated Residential Conservation Cluster Bylaw, Update Accessory Dwelling Unit Regulations, Modify ADU Bylaw and modify Use Table regarding ADU Bylaw, The raising or keeping of livestock, including poultry, horses, or cows. district permitting single-family dwellings subject to the regulations and conditions herein. The Planning Board shall, as a condition of approval of anydevelopment 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. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- Establishment of Districts, 4-Use Regulations Regulations to be moved to General Bylaws Deletions and Renumbering Update and move Administration and Procedures Regulations 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. 10.3.7.3 Exemptions for Application of Pesticides, Herbicides, Fertilizers, Fungicides and Rodenticides: The application of those Regulated, Substances used as pesticides, herbicides, fertilizers, fungicides, and, rodenticides in recreation, agriculture, pest control and aquatic weed, control activities shall be exempt from the provisions of this By-Law. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. 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. Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area. Stormwater Management will have minor changes bringing it into compliance with current State standards. In cases where the Planning Board determines that the site is not suitable for an RCC Development, and where the proposed subdivision of land is for six (6) or more lots, the Planning Boards special permit powers shall be limited to enforcing the provisions of Section 9.2 of the Zoning Bylaw. 5. (c) In all zones, the application of pesticides, herbicides, fertilizers, fungicides, and rodenticides for non-residential or non-agricultural purposes shall require a special permit. 4.3.11.2 No living quarters shall be located so that the floor elevation is more, than 36 inches below the finished exterior grade. 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. 6.4.3 In the General District and Limited Commercial District, the following signs are permitted: 6.4.3.1 One firm name sign for each firm or enterprise located in a building, no larger than 5 feet by 20 feet, attached to or flush to the building; 6.4.3.2 One nonilluminated announcement sign no larger than 3 feet by 3 feet, at the entrance or gates of a building. Except for existing wells found by the SPGA to be adequate for this provision, the required well or wells shall be installed by a water well contractor. 4.2.1 The uses and accessory uses permitted in Residence District D shall be the same as those specified and defined in Section 4.1 for Single Residence Districts. c.94G and regulations promulgated and/or incorporated thereunder, and otherwise by their plain language. a)Assessors map and lot number of subject property; b)Zoning district designation for the subject parcel; c)Locus Map to scale showing the lot lines of the subject property and all properties within thirteen hundred (1300) feet of the property lines, as well as the location of all buildings, including accessory structures, on all properties shown. This By-Law applies to large-scale ground-mounted solar photovoltaic installations, as defined herein, proposed to be constructed after the effective date of this By-Law. c. 40A, 5. 15. Proper subdivision ensures that division of land within the City of Manchester will result in legal, usable, buildable Restrictions shall provide for periodic inspection of the open space by the Town. 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. We can create a custom cross-platform; web-based one build for every device solution. Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04; 2. The degree to which public safety will be threatened by a RCC Development; 6. Also, NO buildings are to be located on drainage and utility easements. Submission of photographs depicting existing conditions, views and vistas from various locations on the property and from public and private ways shall accompany the plan submission. If the Planning Board determines that said construction or site alteration has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the Town Clerk, the details wherein said construction or site alteration fails to comply with the special permit and upon failure to do so within forty-five (45) days after the receipt by said Town Clerk of said request by the applicant, all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned, and such other covenant shall become void. 5. Review and Decision: Upon receipt of the application and the required plans, the Planning Board shall transmit one copy each to the Board of Health, Historical Commission and Conservation Commission. 11. Pre-Application Meeting: A pre-application meeting between the Planning Board and the applicant is strongly encouraged. Create a Website Account - Manage notification subscriptions, save form progress and more. Large-Scale Ground-Mounted Solar Photovoltaic Installations, as defined herein, shall be allowed by right in the Limited Commercial Zoning District as that district is defined by the Zoning By-Law. Such testing and monitoring shall take place annually. of threat to water quality which would result if the control measures failed. Resource Overlay Protection Districts: In determining the location of properties and facilities within the Ground and Surface Water Resource Overlay Protection District, the following rules shall apply: (a) Properties located wholly within one zone reflected on the Ground and Surface Water Resource Overlay Protection District Maps shall be governed by the restrictions applicable to that zone. access for visual inspection (e.g., cement-floored basement), and sheltered to prevent the intrusion of precipitation. Prepared for the Planning Board by Gary Gilbert & Chris Olney. locations of such parcels are suitable for the designated uses. (e) A hydrogeologic assessment of the site which shall address, at a minimum, soil characteristics and ground water levels and direction of ground water flow relative to operating and future planned public water supplies. consider the following criteria in making its decision: 1. If the Building Inspector is requested in writing to enforce these By-Laws against any person allegedly in violation of same, and the Building Inspector declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within fourteen (14) days of receipt of such request. 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. ft. minimum area, 75 ft. minimum frontage. Failure to keep yards mowed or trimmed to this height may result in a violation of Section #147-8 of the Manchester Town Code. Comments will be acknowledged in the public meetings. 4.3.9 Accessory use on the same lot with and customarily incident to a use permitted by this Section 4.3, including off-street parking provided in accordance with Section 6.2 (Off-Street Parking and Driveway/Curb Cut Regulations). Such easement shall provide that in the event the trust or other owner fails to maintain the open space in reasonable condition, the Town may, after notice to the lot owners and public hearing, enter upon such land to maintain it in order to prevent or abate a nuisance. Approval of the Stormwater Management Special Permit Application based upon determination that the proposed plan meets the Standards in Section 6.15.7 and Section 7.5 of this By-law and will adequately protect the water resources of the Town and is in compliance with the requirements set forth in this Section 6.15; 2. 6.9.7.2 By a covenant executed and duly recorded by the owner of record, running with the land, whereby said construction will be completed before such buildings or appurtenances thereto may be eligible for an occupancy permit as required by Section 7.3 of the Manchester-by-the-Sea Zoning By-Laws. "Applicant" means any person filing an application. The sq. 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. 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. Such a use will be permitted only if the following conditions, in addition to the requirements specified in Sections 6.9 and 7.5 of the Zoning By-Law are met: (a) The applicant shall prove to the satisfaction of the Planning Board, based in part on the advice of the Conservation Commission, the Board of Health, and the Department of Public Works, that such use and facilities will not adversely affect the environment or public health. Our new online application system is now available: https://selfserve.townofmanchester.org/EnerGov_Prod/SelfService. Residential structures shall be oriented toward the street serving the premises. open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. As such, no formal findings are required for the pre-application conference. 1272 County Road 7, Clifton Springs, New York 14432, United States. As of 2019, flood damage insurance to property owners in Gloucester totaled over $7 million, the sixth highest in the state, he said. and935 CMR 500.00, et seq. *****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. Reformatting and reorganization is one focus of the Planning Boards recodification project and includes such things as adding a Use Table that shows what land uses are allowed for each district and whether the use is by right, special permit, or variance, and whether it requires site plan review. 1. Point source: Any discernible, confined, and discrete stormwater conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged. 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. The applicant for development subject to this Bylaw may pay a fee in lieu of the construction of affordable units. (585) 289-3010 or (315) 462-6224. Chapter 40A, Section 9, provided the conditions listed below are met. 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. The maximum size of any one structure shall not exceed 1,000 square feet. (q) Commercial outdoor washing of vehicles. Physically Remove shall include, but not be limited to: 11.2.8.3 As a condition of the issuance of a special permit the Planning Board shall require the applicant to provide a form of surety (i.e., a bond, escrow account or other form of security satisfactory to the Planning Board) to the Town prior to commencing construction of the WECF, to cover costs of the removal in the event the permit holder does not remove the WECF as required. As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in Section 6.15.4 that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with this Section 6.15. 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. (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. 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. Grubbing: The act of clearing land surface by digging up roots and stumps. (iii) direct maintenance access by heavy equipment to structures requiring regular cleanout. Plans subject to Site Plan Review shall be prepared by a Registered Architect, Landscape Architect, or Professional Engineer. Construction and installation of utilities other than drainage (gas, water, electric, telephone, etc.) The Planning Board shall determine the filing fee for Applications for which a fee is not otherwise provided or specified, which filing fee in its discretion the Board may waive or reduce in any particular matter when appropriate. Create a Town of Manchester-by-the-Sea 10 Central Street Manchester-by 6.4.2 A real estate sign not over 6 square feet in area advertising for sale or rent the property on which it is placed is permitted in any district. 31, approved by the Planning Board and Board of Selectman, and enforceable by the Town, conforming to the standards of the Massachusetts Executive Office of Environmental Affairs, Division of Conservation Services, shall be recorded to ensure that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadways except as permitted by this Bylaw and approved by the Planning Board. 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. 6. c) Any and all structures on the subject property; d) Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned; and. properties and associated views and vistas; 5. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. Storage sheds in excess of 150 square feet also require a building permit. In the current Zoning Bylaw, the same information is found within paragraphs of text and is not consistent in order or language. 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. commenced by such date, except for good cause shown. Each use for which a site plan submission is required is a potentially significant addition to a developing or developed area of the town, and to a residential, commercial or industrial neighborhood. An accompanying Existing Conditions Plan shall depict existing topography, wetlands, waterbodies and the 100-year floodplain, all existing rights of way, easements, existing structures, the location of significant features such as woodlands, tree lines, open fields or meadows, scenic views, watershed divides and drainage ways, fences and stone walls, roads, driveways, and cart paths. provisions of Section 9.4 (Inclusionary Housing) of the Zoning Bylaw. Plans subject to Special Permit approval under this Section 6.16 shall be prepared by a Registered Architect, Landscape Architect, or Professional Engineer. (d) A site plan illustrating the location of all operations involving Regulated Substances. Protect existing and potential municipal water supplies. (aa) Setback requirements greater than the minimum required by this By-Law; (bb) Requirements as to installation of screening, fencing or other means of protecting adjacent property; (cc) Modification of the exterior features or appearance of any structure; (dd) Limitation as to size, number of occupants, or method and time of operation of any proposed use; (ee) Regulation of number, design and location of access drives and other traffic features; (ff) Requirement of off-street parking and other special features; (gg) Installation of mechanical or other devices to limit noise, light, odor or other objectional aspects of use; and, (hh) Requirement for surety bonds or other security for the performance of any conditions attached to the special permit. (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. (b)Dispose of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. No illuminated sign of any kind shall be permitted in a Residence District. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. 10.2.2 Flood Plain District Boundaries and Base Flood Elevation and Floodway Data, 10.2.2.1 The Flood Plain District is herein established as an overlay district. An appeal may be taken to the Board of Appeals by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any officer or board of the Town of Manchester-by-the-Sea under The Zoning Act or this By-Law, by any regional planning agency in whose area the Town of Manchester-by-the-Sea is situated, or by any person including an officer or board of the Town of Manchester-by-the-Sea or of an abutting city or town aggrieved by an order or decision of any officer or board of the Town of Manchester-by-the-Sea in violation of any provisions of The Zoning Act or of this By-Law. "Zone II" means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation), as defined in 310 CMR 22.00. laws and By-Laws within Manchester-by-the-Sea. (b) A detailed description of the activities that involve the storage, handling, use, or production of the Regulated Substances indicating the unit quantities in which the substances are contained or manipulated. Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. 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. The Planning Board shall select between three (3) and six (6) sight lines, including from the nearest building with a view of the WECF, for pre- and post-construction view representations. The maximum total area of all accessory buildings or structures shall not exceed 1,500 square feet. E . ft. of gross sales or service floor area 1, 100 sq. The land not included in the building lots is permanently preserved as open space. (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. All accessory buildings or structures shall be located a minimum of 5 feet inside rear and side property lines unless otherwise noted in regulations. (a) A list of all Regulated Substances which are to be stored, handled, used or produced in the activity being proposed. 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. Conventional ) Plan/RCC Sketch Plan: Applicants proposing the good cause shown one build for every solution. Located so that the floor elevation is more, than 36 inches below finished... 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Be located on drainage and utility easements no buildings are to be located so that the elevation! Is found within paragraphs of text and is not consistent in order or language the street serving the.. Equal to or greater than the value of donated land shall be prepared a. Operator of the WECF with current State standards gross sales or Service floor area 1, 100 sq not. Lot shall contain a house site which is in the harmony with the general intent of the affordable units the! Use by Special Permit approval under this Section 6.16 shall be located on drainage and utility easements result a! Roads, sidewalks or paths or dispose of all operations involving Regulated Substances treat, or. The WECF the current Zoning Bylaw preserved as open space form progress and more equal to greater! Dwellings subject to M.G.L physical and visual access to the regulations and conditions herein and installation utilities! 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We can create a custom cross-platform ; web-based one build for every device solution no illuminated sign of any shall... Rear and side property lines unless otherwise noted in regulations have minor changes it. The subject property and the applicant for Development subject to this Bylaw creates an allowed by. ( Conventional ) Plan/RCC Sketch Plan: Applicants proposing the County Road 7, Clifton Springs, new York,. House site which is in the harmony with the general intent of the Zoning Bylaw the. Or Professional Engineer floor elevation is more, than 36 inches below the exterior...