In addition, the location of the off-site units to be provided shall be approved by the Planning Board as an integral element of the special permit review and approval process. 7.0 Administration (TO BE MOVED FROM SECTION 7 TO A NEW SECTION 12). The SPAA. The names and addresses of the person(s) responsible for operation and maintenance; b. 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). Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; viii. 1. 9/26/2006. ft of gross floor area 1, Each three persons reasonably expected to be using, the facility during a period of full utilization 1, Four seats of rated capacity 1. 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. 11.1.3.9.1 Solar Photovoltaic Installation Conditions. c. 41, 81L, 81P, 81S, and 81U with on-site disposal of effluent, at a density greater than one dwelling unit per 30,000 square feet provided that the nitrate-nitrogen concentrations described in Section 4.9.6.3(d), below, are not exceeded. Junk car regulations will not change. At a minimum, these materials shall include exterior architectural drawings, stamped by a registered architect, depicting the appearance and location on the lot relative to front, side and rear yard setbacks, and the proximity to existing structures of the new or converted structure. Having reliable, timely support is essential for uninterrupted business operations. City of Manchester Code of Ordinance, Chapter 165 Zoning Ordinance is hereby added to the Manchester City Code of Ordinances as follows: MANCHESTER ZONING ORDINANCE, CHAPTER 165 TABLE OF CONTENTS 4.3.8 Printing and publishing and similar uses. (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. Protect existing and potential municipal water supplies. The name(s) of the owner(s) for all components of the system. Special Permits under this Section 6.16 shall be granted only if the Planning Board finds that it is consistent with the purpose and intent outlined in Section 6.16.1 of this By-Law and in conformance with this Section 6.16 generally and Section 7.5 of the Manchester-by-the-Sea Zoning By-Law and the requirements of MGL Chapter 40A, Section 9. Thereafter, the members of the association shall share the cost of maintaining the open space. The Special Permit shall not be effective until filed with the Registry of Deeds. For any questions, please feel free to contact Sue Brown, Manchesters Town Planner at browns@manchester.ma.us . Contact; Main navigation. The general contractor, or if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for the handling of any Regulated Substances. Such testing and monitoring shall take place annually. Fees in lieu of payments shall be paid according to the schedule set forth in Section 9.4.6 (3), above. [Added 2012}, 10.2.3 Notification of Watercourse Alteration. 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. laws and By-Laws within Manchester-by-the-Sea. 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. Estimated seasonal high groundwater elevation (November to April) in areas to be used for stormwater retention, detention, or infiltration,11. Penalties for violating this ordinance are $50.00 for a first offense and $100.00 for each repeat offense. Retail or service (other than automotive service station): 150 sq. No use or occupation of land for any purpose for which a certificate of occupancy is required shall be made, in whole or in part, until such a certificate has been issued by the Inspector of Buildings stating that the use of land and structure, if any, complies with this By-Law and other applicable codes in effect at the time of issuance. Section 8.1 Personal Wireless Telecommunication Service Facilities. A structure having a roof (including an awning or similar covering) adapted to permanent or continuous occupancy for assembly, business, education, industrial, institutional, residential or storage purposes. The following is an overview of the substantive changes to the Zoning Bylaws that the Planning Board is recommending to the town for passage. Create a Website Account - Manage notification subscriptions, save form progress and more. Zone C means the land area not designated as Zone A or B that is either within the watershed of a Class A surface water source as defined by 314 CMR 4.05(3)(a), or contributes water runoff to Gravelly and Round Ponds. 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. 4. 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. We offer an extensive range of e-commerce website design and e-commerce web development solutions in the form of e-commerce payment gateway integration, shopping cart software, custom application development, Internet marketing, e-Payment to companies across the globe. Any proposed senior facility will require a special permit. provisions of this By-Law provided that all contractors, subcontractors, laborers, and their employees, when using, handling, storing or producing, Regulated Substances in Zones I, II, III, or Zones A, B, or C, use those, applicable Best Management Practices set forth in Exhibit B, attached, 10.3.7.7 Exemption for Household Use: In addition to the exemptions, provided for in Section 4.9.7.3 of this By-Law, the household 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 household uses 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, 10.3.7.8 Exemption for Municipal Use: In addition to the exemptions, provided for in Section 4.9.7.3 of this By-Law, the municipal use of, Regulated Substances in quantities exceeding thirty (30) gallons where, said substance is a liquid or twenty-five (25) pounds where said substance, is a solid shall be prohibited without receipt of a special permit from the, 10.3.7.9 Exemption for Underground Storage of Oils(s): The underground, storage of oil(s) used for heating fuel shall be exempt from the provisions, of Section 4.9 of this By-Law provided, however, that the container used, for said storage shall be located within an enclosed structure sufficient to, preclude leakage of oil to the external environment and to afford routine. b. 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. 10. The site plan shall also show the relation of locus map at a scale not greater than 1'=2.000'. 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. After transmission begins, the owner(s) of any Personal Wireless Telecommunication Service Facilities located on any site shall pay for an independent consultant, hired by the Town, to test and monitor the radio frequency emissions from the site, using established protocols. objectives for the development of affordable housing in compliance with the Manchester-by-the-Seas Comprehensive Plan, G.L. b) The methodology used to determine an affordable purchase price shall comply with Local Initiative Program guidelines in effect at the time of application for a special permit. If any such objection is received, the Special Permit Granting Authorityshall hold a public hearing on the renewal request and shall proceed ina manner consistent with the proceedings required for an original application. It is intended that the site plan will be prepared with due consideration for the foregoing and for protection of adjacent areas against detrimental or offensive uses on the site by provisions for adequate surface water drainage, buffers against lighting, sight, sound, dust, vibration, and the allowance of sun, light and air. The lot identification shall include its Assessors Map and Lot numbers. The name, contact information and signature of any agents representing the project proponent; ix. A dwelling unit that qualifies as a local initiative unit under the Commonwealths Local Initiative Program and meets the requirements of a subsidized housing unit for purposes of listing in the subsidized housing inventory under G. L. c. 40B Sec. Loading. b) If the applicant or co-applicant will be represented by an agent, the name, address and telephone shall be provided as well as original signature authorizing the agent to represent the applicant and/or co-applicant. Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. and with the additional requirements containedin this Section (6.19.6), below. Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. 9.4.6 Provisions Applicable to Affordable Housing Units On- and Off-Site. ft. of area in service bays 1, 300 sq. 2. (c) Off-street parking for at least four (4) vehicles shall be provided in a manner consistent with the character of a single family dwelling. 4.1.4 Educational use, not conducted for profit. Minimum driveway width: 16(18 if over 100 in length) residential, will not, during construction or thereafter, have an adverse impact. Pre-Application Meeting: A pre-application meeting between the Planning Board and the applicant is strongly encouraged. 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. 20-23. The applicant shall cooperate with local emergency services in developing an emergency response plan. Performance based development standards replace the existing prescriptive ones for use in site plan and special permit review. a. Police Department. Such notice shall state that the renewalrequest will be granted unless, prior to the expiration of the existing SpecialPermit, a written objection, stating reasons for such objection, is received bythe Special Permit Granting Authority. The introduction of any new Regulated Substance shall not prevent the revocation of any existing Special Permit if, in the opinion of the SPGA, such introduction substantially or materially modifies, alters or affects the conditions upon which existing Special Permit was granted or the ability to remain qualified as a General Exemption, if applicable, or to continue to satisfy any conditions that have been imposed as part of a Special Permit, if applicable. There are also several items to consider when erecting a fence: No owner of a dog, whether licensed or unlicensed, shall permit such dog to run at large off the premises of the owner except when it is under the control of the owner or the authorized agent of the owner by leash, cord, or chain. extension would derogate from the intent and purpose of this Bylaw. 3. such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree. Residential structures shall be oriented toward the street serving the premises. The marketing plan must describe how the applicant will accommodate local preference requirements, if any, established by the Board of Selectmen, in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the Local Initiative Program. b) View representations shall include existing and proposed buildings and tree coverage. Friday by appointment only. Ground and Surface Water Resource Overlay Protection Districts, as shown on the maps described in 4.9.3, shall be considered to be superimposed over any other district established in this By-Law. The pool, decking (wood, vinyl, concrete, etc), pool filter and pump must be a minimum of ten (10) feet from any side or rear property line. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. Fence Application. water meter, electric meter, etc.). (h) Landfills and open dumps, as defined in 310 CMR 19.006. District D 6,000 60 ft. 50 ft 10ft. c.94G and regulations promulgated and/or incorporated thereunder, and otherwise by their plain language. [Amended 2007]. The number of dwelling units permitted in a Residential Conservation Cluster shall not exceed that which would be permitted under a conventional subdivision that complies with the Zoning Bylaw and the Subdivision Rules and Regulations of the Planning Board and any other applicable laws and regulations. DISTRICT MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM LOT AREA FRONTAGE LOT FRONT SIDE REAR, (SQ. A single set of design standards will provide guidance for developers and others needing site plan approval, and will provide specific direction to Town boards for their review. c. 40A, 9, may be granted by the Planning Board to exempt a location from the requirements of this By-Law, provided that the applicant demonstrates that the Ground and Surface Water Resource Overlay Protection District Maps incorrectly identify the location as being within the Ground and Surface Water Resource Overlay Protection District. (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. Property lines and physical features, including structures and roads, for the project site; ii. As of 2019, flood damage insurance to property owners in Gloucester totaled over $7 million, the sixth highest in the state, he said. A. 20-23. 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. d) Within thirty (30) days of the date of application for the special permit, the applicant shall provide a balloon or crane test at the proposed site, or alternate test approved by the Planning Board, to demonstrate the height of the proposed WECF. warranted, on the provisions of Section 7.5 of the Zoning Bylaw. Signage regulations remain unchanged. Resale price Sales beyond the initial sale to a qualified affordable income. Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather. Pursuant to G.L. [Amended 1987], 6.6 Blank [Reflecting Antennas Deleted 2021], 6.7 Special Provision for Open Space Planning. f. expected hydrology with supporting calculations. 3. Comments will be acknowledged in the public meetings. 10.3.7.1 Exemptions for Continuous Transit: The transportation of any, regulated substance through Zones I, II, III, or A, B or C shall be exempt, from the provisions of this By-Law provided the transporting motor, 10.3.7.2 Exemptions for Vehicular and Lawn Maintenance Fuel and, Lubricant Use: The use in a vehicle or lawn maintenance equipment of, any regulated substance solely as fuel in that vehicle or equipment fuel, tank or as lubricant in that vehicle or equipment shall be exempt from the. The monthly meetings are open to the public and agendas and minutes are posted online. (a) the land area between the surface water source and the upper boundary of the bank; (b)the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a); and, (c) the land area within a 200-foot lateral distance from the. 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. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). Lot Lines. (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. 10.3.5.1. The Planning Board shall then release the interest of the town in such bond and return the bond or the deposit to the person who furnished the same or release the covenant by appropriate instrument duly acknowledged which shall be recorded at the Essex County Registry of Deeds. In addition to the application requirements set forth in the rulesof the Special Permit Granting Authority, a Special Permit application for aMarijuana Business shall include the following: The above information may be confidential and exempt from the provisions of G.L. NO ACCESSORY BUILDING MAY BE USED FOR HUMAN HABITATION. 9. (c) Any uses with on-site disposal of sewage effluent exceeding 2,000 gallons per day for the entire project provided that the nitrate-nitrogen concentrations described in Section 4.9.6.3(d) are not exceeded. (4) provide for testing and monitoring of radio frequency emissions, as follows: (a) Pre-testing. This is a current, two year initiative aimed at increasing vibrancy and economic opportunity Downtown. ft. minimum area, 75 ft. minimum frontage. Create a Town of Manchester-by-the-Sea 10 Central Street Manchester-by-the-Sea, MA 01944-1399 Town Hall Hours. Minimize the total amount of disturbance on the site. a)Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property; b)Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations; and. [Amended 1983]. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. 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. It shall then issue a written decision which describes its findings with. Box 482 Manchester, Vermont 05254 Meetings. 11.1.3.8 Safety and Environmental Standards. Any new development, expansion, or change in use other than a single-family or two-family residence which would under the parking schedule "Off-Street Parking and Driveway/Curb Cut Regulations" of Section 6.2, require at least five (5) but less than ten (10) parking spaces, regardless of the number of parking spaces existing on the premises and irrespective of whatever the number of parking spaces created shall be reduced by action of the Board of Appeals or otherwise, shall be subject to Site Plan Review by the Planning Board (See Section 6.9 - Site Plan Review Special Permit). To comply with state and federal statutes and regulations relating to stormwater discharges; and. Entry. Outstanding resource waters (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. 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