To establish the Towns legal authority to ensure compliance with the provisions of this By-law through inspection, monitoring, and enforcement. Lead Paint Control. Plastic bags may not be used for yard waste.) Therefore, this email communication may be subject to public disclosure.******. [Adopted 2003]. Activities or land uses that otherwise require a special permit from the Planning Board shall not be required to obtain an independent special permit under to this Section 6.15 provided that the applicable terms, conditions and requirements of this Section 6.15 are imposed within the special permit issued by the Planning Board. Said announcement shall also be sent to all parties receiving notification of the Special Permit application at the applicant's expense. Also, NO buildings are to be located on drainage and utility easements. Designating the Contiguous Open Space. 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. [Revised 2012], (c) All development and/or uses within the Flood Plain District shall comply with all applicable local laws and regulations. The Planning Boards findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit. 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. Chimneys, spires or towers not used for human occupancy may extend ten (10) feet above these height limits. - Manage notification subscriptions, save form progress and more. (d) Relationship to Subdivision Control Law: Nothing contained herein shall exempt a proposed subdivision from compliance with other applicable provisions of these Bylaws or the Subdivision Rules and Regulations of the Planning Board, nor shall it affect the right of the Board of Health and of the Planning Board to approve, condition or disapprove a subdivision plan in accordance with the provision of such Rules and Regulations and of the Subdivision Control Law. In accordance with the Towns authority to regulate land and waterway uses and structures, the Town of Manchester-by-the-Sea hereby determines that it is in the public interest to regulate the on-the-ground placement and storage of helicopters. (d) Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. The Planning Board shall act on applications according to the procedure specified in G. L. c. 40A, sec. "Regulated Substances" means those substances found in Exhibit A, attached hereto and incorporated herein. 4. If you have comments, please send them to Gail Hunter at hunterg@manchester.ma.us for distribution to the board. The Planning Board shall cause the system to be inspected by its representative to confirm its "as-built" features. (4) provide for testing and monitoring of radio frequency emissions, as follows: (a) Pre-testing. Runoff: Rainfall, snowmelt, or irrigation water flowing over the ground surface. 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. 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. 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. manchester_t-13.pdf (83.45 KB) Title 14. The department provides policy analysis, administrative support, project management, and technical expertise to public and private groups and individuals. 6.7.2.10 All studies, plans, design criteria with regard to all engineering aspects of a plan submitted under the Section shall conform to the Subdivision Rules and Regulations of the Town of Manchester-by-the-Sea. 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. Where a permit or variance may be granted with conditions, such conditions shall be imposed and made part of the record. Click here for better mobile optimization. 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. Marijuana Businesses may be allowed by Special Permit inthe Limited Commercial Zoning District, subject to all requirements of thisZoning By-Law, the requirements of the Board of Health, and applicable state laws and regulations. As of 2019, flood damage insurance to property owners in Gloucester totaled over $7 million, the sixth highest in the state, he said. especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. provision of affordable units, shall apply to provision of off-site affordable units. Proposed streets have been aligned to provide vehicular access to each. 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. 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. The Planning Board, by granting a Special Permit, is not obligated to approve any definitive plan nor reduce any time periods for the Board's consideration under the Subdivision Control Act. less than 50 feet of frontage and provided further that such frontage reduction shall apply only to lots fronting on proposed internal roadways. 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). 4.3.8 Printing and publishing and similar uses. 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. The applicant shall submit such 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. According to Section #233-1 of the Manchester Town Code, it is unlawful to keep any motor vehicle with no registration plates or expired plates on any property within the Town of Manchester unless that vehicle is enclosed in a garage or other building. The completed application is returned (faxed or hand-carried) to the Carroll County Permits Office who will then issue the permit. Lighting of an LGSPI shall be consistent with local, state and federal law. Land conveyed to the Town shall be open for public use; (b) Conveyed to a non-profit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified below. Required Open Space: All land area not utilized for lots, roads, and drainage shall be set aside as open space. 2. 1.Uses. [Revised 2012]. 10.3.3 Ground and Surface Water Resource Overlay Protection District Maps: The maps delineating the Ground and Surface Water Resource Overlay Protection District, dated April, 1990, prepared by Horsley Witten Hegemann, Inc., Scale: 1 inch = 3,000 feet, and the maps entitled Water Resource Protection District, Town of Manchester, Scale: 1 inch = 800 feet, dated 1987, prepared by Whitman and Howard, are incorporated herein and made a part of this By-Law and collectively shall be referred to as the Ground and Surface Water Resource Overlay Protection District Maps. These Maps shall be on file and maintained by the Town Clerk's office. 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. 6. 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. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. a. Photo-reproductions of signatures or digital signatures will not be accepted. Co-applicants shall include the landowner of the subject property and the operator of the WECF. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radio-active or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents and thinners. A specific authorized use within this Zoning By-Law that may be granted upon application to the designated special permit granting authority. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iii. Fences must be a minimum of 10 feet from the sidewalk, if no sidewalk then a minimum of 10 feet from the road surface. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. a) For developments of multi-family condominiums, the Planning Board may substitute the median sale price for new condominiums built in Manchester-by-the-Sea during the preceding three fiscal years for the median sale price of new single-family homes. The existing zoning, and land use at the site. Should you observe stray animals, please report to the County Animal Control Office @ 410-848-4810. Documentation must list all lot owners and any encumbrances on the land that may affect the proposed use, and must demonstrate and act upon the applicant's sufficient legal authority to prevent the building of any structure unrelated to the WECF within the WECFs required set-backs. [Adopted 1997; amended 1998], 8.2 Helicopter landing, storage or parking facilities. Any tools or equipment necessary to accomplish same shall be available in case of a release. 6.16 Topographical Changes and Land Clearing Special Permit [Residential Districts] [Added 2007], It is intended to encourage the conservation of open space, and the general, topographical layout of the land, promote less land clearing, grading and excavation. All stormwater management systems must have an Operation and Maintenance Plan to ensure that systems function as designed. The Planning Department's mission is to work in partnership with residents, Town departments and the private sector to build, sustain and manage a high quality of life in Manchester. After the required public hearing, the Planning Board shall find and determine that such dwelling and use, including the site, plans and designs of the dwelling and any accessory buildings, constitute a desirable development in and will not be detrimental to the neighborhood, and subject further to the following conditions: 4.3.11.1 Each unit shall have independent cooking facilities. Application. 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. 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. Zoning and Land Use Related Documents Nothing in this By-Law shall be construed to supersede any state or federallaws or regulations governing the sale and distribution of narcotic drugs. (4) Disturb more than 30% of the Interior Area. The resale controls shall be established through a deed rider or an affordable housing restriction as defined by G.L. 41 Center Street 10.3.6.2 Review by Other Town Agencies: Upon receipt of the special, permit application, the SPGA shall transmit one copy to the Director of, Public Works, the Town Administrator, the Building Inspector, the Board, of Health, the Conservation Commission, and any other relevant Town, board/agency or department for their written recommendations. 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. c.94G and regulations promulgated and/or incorporated thereunder, and otherwise by their plain language. Create a Town of Manchester-by-the-Sea 10 Central Street Manchester-by-the-Sea, MA 01944-1399 Town Hall Hours. The Board of Selectmen, Planning Board and the Board of Appeals are hereby designated as the special permit granting authorities mandated by Zoning Act. The two associate members shall be appointed such that their terms do not expire the same year. - conserving the value of land and buildings. (b) To make it financially possible for existing homeowners to stay in their homes. a) Wind turbines shall be lighted only as required by the Federal Aviation Administration (FAA) or other federal, state or county agency or authority. A . Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; viii. Redevelopment of previously developed sites must meet the Stormwater Management Standards to the maximum extent practicable. E . (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. As described in this Section 6.16.2, and except for certain de minimus or excluded activities, a special permit is required from the Planning Board for certain ledge removal and/or other topographical changes or disturbances within the Setback Area or (different criteria) the Interior Area of a lot in the residential zoning districts [Single Residence Districts A, B, C, and E, and Residence District D]. The following requirements and conditions shall apply to all MarijuanaBusinesses: A Marijuana Business shall be allowed only by Special Permitin accordance with G.L. 9.1.2.4 The accessory dwelling unit shall not be occupied until a Building Permit and a Certificate of Occupancy are issued by the Building Inspector. 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