Signs shall also be subject to the applicable provisions of the General By-Laws of the Town of Manchester-by-the-Sea. Frontage along the length of any way in existence when the Subdivision Control Law became effective in Manchester-by-the Sea shall in no way be used as frontage as specified in the Zoning By-Law unless the way meets the following minimum standards. Zone III" means that land area beyond the area of Zone II from which surface water and ground water drain into Zone II, as defined in 310 CMR 22.00. To the extent permitted by law and consistent with MGL c.44 Section 53G, any required time limits for action on an Application by the Planning Board shall be extended by the duration of such administrative appeal, and if no decision is made by the Towns Board of Selectmen within one month following the filing of such administrative appeal, the selection made by the Planning Board shall stand. 4. 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. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. a) Name, address, telephone number and original signature (photo-reproductions of signatures or digital signatures will not be accepted) of applicant and any co-applicants. 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. 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. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts. 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. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. NO ACCESSORY BUILDING MAY BE USED FOR HUMAN HABITATION. d) All signs shall comply with the requirements of the Zoning By-Law. The burden of proof shall rest upon the applicant for a special permit to demonstrate that the location is not within a delineated district. The provisions of Section 9.4 of the Zoning Bylaw will be met. An Operation and Maintenance Plan (O&M Plan) is required at the time of application for all projects. The SPAA may require additional information, data or evidence as it deems necessary pursuant to the site plan approval process, or may waive documentary requirements as it deems appropriate. Preliminary (Conventional) Plan/RCC Sketch Plan: Applicants proposing the. WECFs under these Sections 11.2 and 4.4 shall be allowed only in the LCD, and then only upon issuance of a special permit by the Planning Board in accordance with the requirements of the Zoning By-law, including those requirements set forth in Sections 5.7, 5.10, and 7.5, irrespective of whether the use is a principal or accessory use. (b) Emergency Plan: An emergency plan shall be prepared and filed with the Special Permit application indicating the procedures which will be followed in the event of spillage of a Regulated Substance so as to control and collect all such spilled material in such a manner as to prevent it from reaching any storm or sanitary drains or the ground water. 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. An exception may be made for resource areas vulnerable to trampling or other disturbance. The existing zoning, and land use at the site. (c) Where a facility, building or accessory thereto including but not limited to sewage disposal systems is overlapped by different zones, the stricter zone shall apply. 20-23 and ongoing programs within the Town to promote a reasonable percentage of housing that is affordable to moderate income buyers. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. 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. Maintenance of Open Space: In any case where open space is not conveyed to the Town, the Town shall be granted an easement over such land sufficient to ensure its perpetual maintenance as conservation or recreation land. 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations [Adopted 2013]. In reviewing an application under this Bylaw, the Planning Board shall rely, to the extent. laws and By-Laws within Manchester-by-the-Sea. Residential structures shall be oriented toward the street serving the premises. 5.10.1.1 Safeguards: Provisions shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. 1272 County Road 7, Clifton Springs, New York 14432, United States. 9.1.2.3 The Applicant for the special permit shall submit plans showing at a minimum the following items: (a) Lot size and location of parking. In the case of a side of a corner lot or multiple frontage lot, the pool must a a minimum meet the required front yard setbacks. Administration and Procedures, ALERT: January 12, 2023 The Tide Weekly Update, Replace Existing with Updated Sections 1) Authority and Purpose 2) Definitions 3) Establishment of Districts 4) Use Regulations. 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. 5. extension would derogate from the intent and purpose of this Bylaw. This setback may be eliminated where the proposed development abuts existing. Should the testing and monitoring of a facility site reveal that the site exceeds any applicable federal, state or local regulations, the owner(s) of all Facilities at that site shall be so notified. Grading: Changing the level or shape of the ground surface. A minimum of 60% of the upland area of the parcel (applicable land area) shall be provided as open space. The drawings shall also include before and after alterations in topography, if any, greater than two (2) vertical feet. No new stormwater conveyances (e.g. The Planning Board shall. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. The Board of Appeals may not grant a variance authorizing a use or activity not otherwise permitted in the district in which land or structure is located, except that this limitation shall not apply to land or structures located in the Limited Commercial District or General District. 3. In addition to those applications for a special permit which require Site Plan Review Special Permit under Section 6.9, the Board of Appeals, Board of Selectmen and Planning Board shall refer a special permit application to the Board of Health, Conservation Commission, and the Department of Public Works for written comments and recommendations before taking final action on said Special Permit application. (c) It shall be a condition of any Special Permit granted under this section that the applicant shall file with the Planning Board on an annual basis evidence that all federal, state and town licenses, permits and standards have been obtained or met for handling, use, storage and disposal of any regulated substances as defined in Section 4.9.4.3 of the Zoning Bylaw. Understanding the Site. The owner and operator shall be responsible for the cost of maintaining the LGSPI and any access road(s), unless accepted as a public way. 6. (g) No exterior changes shall be made which alter the single family character of the dwelling. (d)Reinstate gravel or ground cover consistent with the surrounding landscape. 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. The Building Commissioner shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded at the Essex County Registry of Deeds or the Land Court. For Zoning Inquires,Please call Ext. 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. For any questions, please feel free to contact Sue Brown, Manchesters Town Planner at browns@manchester.ma.us . The Site Analysis shall also show locations of soil test pits and percolation tests, with supporting documentation on test results. All stormwater management systems must have an Operation and Maintenance Plan to ensure that systems function as designed. City Business Ordinances. Shed may be located in the side yard, provided they adhere to all minimum front and side yard setback requirements. The FIRM, FIS booklet, and LOMR are incorporated herein by reference and are on file with the Town Clerk, Planning Board, and Director of Public Works. 7.5.2 No special permit shall be granted unless the applicable special permit granting authority finds the proposed uses in harmony with the purpose and intent of this By-Law and will not be detrimental or injurious to the neighborhood in which it is to take place and that all requirements or conditions for the grant of the special permit have been satisfied. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. Violation of this ordinance is a municipal infraction and shall be subject to a fine of $100 for the first offense and $200 for each subsequent offense. District D 6,000 60 ft. 50 ft 10ft. 4.3.6 Public parking or garaging of automobiles not incidental to another permitted use if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits). Office Hours. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the location of the proposed WECF, as well as its scale and overall design. Regulations to be moved to General Bylaws. Fences must not enclose utilities. No products shall be displayed in the facilities windows or be visible from anystreet or parking lot. The permit process consists of three steps: See calendar of events for yard waste and tree limb collection dates. Please look for an update on this in the near future. [added 2006]. 6.3. In some cases, streams or lakes may act as recharge boundaries. [Added 2015] [Amended 2018]. Approval of an, RCC Development shall be conditioned upon Definitive Subdivision approval and, shall be conditioned to provide that no further division of land that increases, the number of lots or results in an alteration to the area to be set aside as open, space may occur without a modification of the special permit. (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 specific design and selection of materials shall be sufficient to preclude any Regulated Substance loss to the external environment. each. any mortgage interest, security interest, liens or other encumbrances. Applicants shall be required to obtain a special permit from the Planning Board to use any lot or seaway for helicopter landing, storage or parking within the Town of Manchester-by-the-Sea. Our new online application system is now available: https://selfserve.townofmanchester.org/EnerGov_Prod/SelfService. 9.4.9 Maximum Incomes and Selling Prices: Initial Sale. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the LGSPI or otherwise prescribed by applicable laws, regulations, and bylaws. It is intended that the site plan for each use be prepared with due consideration for: (a) Protection of adjacent areas against detrimental or offensive uses on the site by provisions of adequate surface water drainage, buffers against lighting, sight, sound, dust, vibration, and the allowance of sun, light, and air; (d) Protection of environmental features on the site and in adjacent area; (f) Coordination with and improvement of systems of vehicular and pedestrian access, drainage, water supply, sewage disposal, lighting, landscaping, wetlands, water courses, buildings and other features that support the neighborhood. Where a permit or variance may be granted with conditions, such conditions shall be imposed and made part of the record. Application is taken to the Manchester Town Office where compliance with local zoning regulations is reviewed and approved. (d) In considering the Special Permit application, the Planning Board shall apply relevant design and operating guidelines noted in Section 4.9.6.5 of the Zoning Bylaw, including subsection (f) regarding alterations and expansion. 3911. Said employee must be employed on the premises. The applicant shall be required to present detailed hydrogeologic and hydrologic information to the Planning Board indicating that the location is, in fact, not within a Ground and Surface Water Resource Overlay Protection District. The maximum total area of all accessory buildings or structures shall not exceed 1,500 square feet. Comments will be acknowledged in the public meetings. Zoning and Land Use Contact; Main navigation. In the event that said forty-five day period expires without such specification, or without the release and return of the bond or return of the deposit or release of the covenant as aforesaid, the said Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded. The amount of such surety shall be equal to one hundred twenty-five (125) percent of the cost of removal in compliance with Section 11.2.8.2. This Zoning Recodification and Update initiative allows the Town an opportunity to make its Zoning regulations easier to understand, administer and enforce, and align Zoning regulations with current land use goals, best practices and municipal capacity. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. The degree to which stormwater runoff and erosion will not be minimized by a RCC. This includes fire pits or barrels that are not enclosed. Lighting of an LGSPI shall be consistent with local, state and federal law. One part [the Setback Area] is that portion of the lot from its exterior boundaries to the lines delimiting its minimum front, side and rear building setbacks as prescribed by Section 5.4. Site Plan Approval Authority (SPAA): The site plan review authority as designated by the Zoning By-law. Maintain the Towns traditional character and land use pattern in which small villages contrast with open land. 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. All Town streets are SNOW EMERGENCY ROUTES. Required Open Space: All land area not utilized for lots, roads, and drainage shall be set aside as open space. (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. CEO purchaser shall include the initial discount rate between the sale price and the units appraised value at the time of resale. 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. 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. Lands not under the control of cemetery authorities and used for cemetery purposes shall not be taken or used for cemetery purposes if natural drainage from said lands flows into said source of water or tributary thereto, until a plan and sufficient description of the lands is presented to the Department and until such taking or use is expressly approved in writing by the Department. North Manchester Zoning Ordinance Article 1 General Provisions 9/26/2006 1 ARTICLE 1 GENERAL PROVISIONS Moved from Article VI 1.1 Short Title This Ordinance and Ordinances supplemental or amendatory thereto shall be known and may be Zoning Ordinance. 20-23. (c) Excessive emissions. (b) Wetlands Protection Regulation, Department of Environmental Protection (DEP) (currently 310 CMR 10.00); (c) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00); [Revised 2012], (d) Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00); [Revised 2012]. Wherever feasible, construction of the dwelling at the front setback line is encouraged. The surface drainage area as determined by topography is commonly coincident with the ground water drainage area and will be used to delineate Zone III. . Zoning permits are required for any change of use and almost all building and renovation work, including accessory structures such as fences and shed installations. Create a Town of Manchester-by-the-Sea 10 Central Street Manchester-by-the-Sea, MA 01944-1399 Town Hall Hours. Disturbance of land: Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth materials. Monday through Wednesday 8:30 am to 5 pm Thursday 8:30 am to 6:30 pm 3. Lighting of an LGSPI shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Within the Limited Commercial District no building, structure, or land shall be used and no building or structure shall be erected or altered, except for the following uses. Printing, yacht yard or similar facility: Each 3 employees on duty during normal work period 1, Each company car or truck 1, All other uses: Parking spaces adequate to accommodate all normal demand as determined by the Building Inspector, with the advice of the Planning Board. 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. 2. 6.16.2(e) Interior Area Special Permits: Topographical changes (other than Excluded Activities) within the Interior 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 (in addition to any Earth Removal Permit which may be required under Article XII of the Towns General By-Law) if such changes: (1) Involve within the Interior Area removal of any portion of any pre-construction exposed ledges; and/or, (2) Result in a change in elevation (from the pre-construction elevation) of more than 10 feet at any point (otherwise than within the footprint of any structure) within the Interior Area; and/or, (3) Result in the excavation, deposit or removal of more than 100 cubic yards of earth, clay, sand, gravel and rock within the Interior Area, whether or not any such material so excavated, deposited or removed is relocated elsewhere either within the Interior Area or the lot; and/or. The purposes of the Flood Plain District are to: (a) Ensure public safety through reducing the threats to life and personal injury; (b) Eliminate new hazards to emergency response officials; (c) Prevent the occurrence of public emergencies resulting from loss of water quality, contamination, and pollution due to flooding; (d) Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; (e) Eliminate costs associated with the response and cleanup of flooding conditions; (f) Reduce damage to public and private property resulting from flooding waters. 6.7.2.1 The minimum size of a parcel to be considered for development shall be ten (10) acres in the Single Residence District A and twenty (20) acres in the Single Residence District C and Single Residence District E. 6.7.2.2 Prior to or included with an application for a Special Permit the applicant shall submit to the Planning Board such plans, studies and data sufficient to enable the Planning Board to make a determination as to the number of lots which could be created on said parcel without a Special Permit. 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