manchester zoning regulations

Any such Board or Agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Special Permit Granting Authority and the applicant within thirty-five (35) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. Rental Housing Application. (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. 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. The Planning Board shall require, as a condition for special permit approval under this Bylaw, that the applicant comply with the mandatory set asides and accompanying restrictions on affordability, including the execution of the deed rider noted in Section 9.4.10. 2. The revised RCC offers continues to allow for clustered housing with no increase in density. An Operation and Maintenance Plan (O&M Plan) is required at the time of application for all projects. 11.2.7.1 The applicant shall maintain the WECF in good condition and shall schedule inspections by a competent professional at least once every twelve (12) months or more often, pursuant to industry standards and practice. (b)Dispose of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. 2. The updates, changes and additions are intended to create regulations that are easier to understand, provide greater guidance to permitting Boards, reduce redundancy and help align Zoning regulations with the goals and objectives of the Towns Master Plan. 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. c. 21, 52A; (4) treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters. A copy of the approved security measures shall be provided to the PoliceDepartment. The filing requirements of Section 6.9.5 of the Zoning By-Law shall apply to applications for a special permit for a WECF. 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. 2. (l) Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. 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). Several proposed changes advance issues identified in the Master Plan as well. (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. To require practices to control the flow of stormwater from new and redeveloped sites into the Town storm drainage system in order to prevent flooding and erosion; 2. 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations [Adopted 2013]. The conversion of a structure existing on the lot as of May 6, 1991, that does not involve any increase in the size, height or volume of the structure, including the construction of exterior stairways, porches, patios or decks, shall not require a special permit. Upon approval of the application, any excess amount in the account attributable to that project, including any interest accrued, shall be repaid to the applicant. Ltd. Design & Developed by:Total IT Software Solutions Pvt. Upland open space as required by this Bylaw has been provided and, generally conforms to the Design Requirements in Section 9.2.8 of this. 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. b) The developer is responsible for making arrangements acceptable to the Planning Board to provide annual certifications to the Town as may be required to place and maintain the affordable units on the Commonwealths Chapter 40B Subsidized Housing Inventory. 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. Penalties for violating this ordinance are $50.00 for a first offense and $100.00 for each repeat offense. Toward this end: a) The developer shall engage a qualified certifying agent acceptable to the Planning Board to receive purchase or rental applications, obtain and. The Planning board is the SPGA [added 2005]. [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. a) Property lines for the subject property and all properties adjacent to the subject property within thirteen hundred (1300) feet; b) Indication of use of all existing buildings and accessory structures on subject property and all adjacent properties within thirteen hundred (1300) feet. Applications for building permits for construction subject to Site Plan Review shall be accompanied by a Site Plan Review application form and seven (7) prints of the plans of the proposal. 3911. [Revised 2014], (b) Man-made alteration of sand dunes within Zone VE, which would increase potential flood damage, is prohibited. The site plan shall be prepared at a scale no greater than 1"=40', and shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, wetlands, surface water, areas subject to the 100-flood, and landscape features such as fences, walls trees and planting areas, walks and lighting, both existing and proposed. [Amended 1983]. Ownership Options: At the developers option and subject to approval by the. Manchesters Zoning Bylaw today includes regulations based on both past and present goals and best practices, in large part is organized by date of changes and has outdated, overlapping and some bylaws that may now be considered illegal. 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. Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC). 2. Such alteration or reconstruction shall not include an increase in floor area or volume. c.40A, and under the Massachusetts State Constitution and in keeping with its responsibilities to protect public health, public welfare and public safety, the Town hereby adopts this Bylaw. 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. If the system is found to be inadequate by virtue of physical evidence or operational failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the permittee before the performance guarantee is released. 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. The designation of the Ground and Surface Water Resource Overlay Protection Districts and careful regulation of development activities within these districts can reduce the potential for ground and surface water contamination. 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. 169- Zoning Ordinance Signs and Fences; Chapter 170- Zoning Ordinance Administration and Enforcement are hereby repealed. 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. Definitive Subdivision/ RCC Development Plan: The Definitive Subdivision/ RCC Development Plan shall show: location and boundaries of the site, proposed land and building uses, lot lines, location of open space, proposed grading, location and width of streets and ways, parking, landscaping, existing vegetation to be retained, water supply or approximate location of wells, drainage, proposed easements and methods of sewage disposal. Within the Limited Commercial District, Personal Wireless Telecommunication Service Facilities under 200 feet in height and less than 10 feet in diameter above 35 feet above the ground shall be exempt from Section 5.5 of the Manchester-by-the-Sea Zoning Bylaws. In reviewing an application under this Bylaw, the Planning Board shall rely, to the extent. While the applicant can be a representative, the permittee must be the owner of the site. The purpose of site plan review special permit is to ensure the design and layout of certain developments permitted as a matter of right or by special permit will constitute suitable development and will not result in a detriment to the neighborhood or the environment. 10.3.6 Special Permits: This section provides the requirements and procedures for the issuance of Special Permits by the Planning Board as required by this By-Law. (f) To allow the best use of older homes by encouraging the preservation of these homes. Upon completion of construction, all unused and waste Regulated Substances and containment systems shall be removed from the construction site by the responsible contractor, and shall be disposed of in a proper manner as prescribed by law. Each free-standing WECF and Met Tower shall be set back from property lines, any structures permitting human occupancy, and roadways, excepting the access roadway, by at least one and one-half times the height of the WECF, and from any residential property lines, including those in abutting towns, by at least thirteen hundred (1300) feet. Prohibited uses in Zone I, Zone II, and Zone III, and Zone A, Zone B, and Zone C: (b) Automobile graveyards and junkyards, as defined in M.G.L. (c)Stabilize or re-vegetate the site as necessary to minimize erosion. 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. When the Planning Board has a full preliminary draft Bylaw to be considered, anticipated within the next few months, the Board, supported by its legal consultant will host community workshops to present and discuss all the changes being proposed for the Recodification and Update of the Bylaws. 6.7.3.3 At least 30% of the gross area of a parcel for consideration under this By-Law must be dedicated to open land as referred to in Subsection 6.7.4.l and be of such type and in such a configuration as to meet the intent of the By-Law. Any structure or use lawfully existing at the time of the adoption of this By-Law or any amendment hereto and any use or structure lawfully begun in respect of which a building or special permit has been issued before the first publication of notice of public hearing on this By-Law or any amendment hereto may be continued or completed although such structure or use does not conform to the provisions hereof, provided that, in the case of the issuance of a building or special permit, construction or operation hereunder shall conform to the provisions of this By-Law or any amendment hereto unless the construction or use has commenced within a period of six months after the issuance of the permit and that in cases involving construction such construction is continued through to completion as continuously and expeditiously as is reasonable. 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. The applicant shall demonstrate through project siting and proposed mitigation that the WECF or Met Tower minimizes impact on the visual character of surrounding neighborhoods and the community. a) Wind turbines shall be lighted only as required by the Federal Aviation Administration (FAA) or other federal, state or county agency or authority. (1) The term "Personal Wireless Telecommunication Service" means commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; (2) The term "Personal Wireless Telecommunication Service Facilities" means facilities for the provision of personal wireless telecommunication services. The following is an overview of the substantive changes to the Zoning Bylaws that the Planning Board is recommending to the town for passage. The Plan shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in Part B of this section and DEP Stormwater Management Handbook Volumes I and II. A full written report including the steps taken to contain and clean up the spill shall be submitted to the Fire Department, Director of Public Works, and the Town Administrator within fifteen (15) days of discovery of the spill. 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. A delineation of 100-year flood plains, if applicable. For new development, stormwater management systems must be designed to remove 80% of the average annual load (post development conditions) of Total Suspended Solids (TSS). A. 2. United States. (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. [Added 1988], from the traveled portion or from the curb of any street or way open to public use in the Town of Manchester-by-the-Sea for the purpose of passing to or from abutting property nor cut any curbing for any purpose without applying for and receiving a permit from the Planning Board, under such conditions and restrictions as the Board shall determine to be necessary to protect public safety, to prevent erosion and sedimentation, to assure proper drainage and for related purposes. It is intended that the affordable housing units that result from this Bylaw be considered as Local Initiative Program (LIP) dwelling units in compliance with the requirements for the same as specified by the Department of Community Affairs, Division of Housing and Community Development and that said units count toward the Towns requirements under G. L. c. 40B sec. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iii. (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. These requirements shall apply to all areas of use, production, and handling, to all storage areas, to loading and off-loading areas, and to aboveground and underground storage areas. The intent of this Section is to enable the review of wind energy conversion facilities and wind monitoring or meteorological towers by the Planning Board in keeping with the Towns existing By-Law. Developers option and subject to approval by the Ground-Mounted Solar Photovoltaic Installations [ Adopted 2013.. 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