For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. Planning Board, all areas to be protected as open space shall be: (a) Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. Development 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. 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. Pursuant to Section 7.9, the Planning Board may retain technical experts, consultants and legal counsel to verify information presented by the applicant and provide the Planning Board with guidance on reviewing and approving or denying the application. The site plan shall also show the relation of locus map at a scale not greater than 1'=2.000'. 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. If the above-noted forty-five (45) day time period has lapsed without a written decision being issued by the Planning Board, the applicant may submit a definitive subdivision/ RCC Development plan in accordance with Section 9.2.3 of this Bylaw. View on Map, Development Applications, Regulations and Maps, Agenda, Actions and Minutes (1995-present), Join C.E.R.T. [added 2006]. The applicant shall submit such material as may be required by the Planning Board regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding, and regarding design features intended to integrate the proposal into the existing landscape, to preserve the same, to enhance aesthetic, and to screen objectionable features from neighbors. The containment shall be of adequate size to handle all spills, leaks, overflows, and precipitation until appropriate action can be taken. 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. Any accessory building or structure shall not exceed one story or 10 feet in height, or a maximum of 15 feet with roof. Sheds will be counted in the total square footage of accessory buildings or structures. (a) meets the intent of this By-Law as well as its specific criteria; on Zone I, Zone II, Zone III, or Zone A, Zone B, or Zone C; (c) will not cause the average quality of groundwater recharged on the property to violate Class 1 drinking water standards promulgated by the Department; and. 4.3.11 A new or enlarged existing dwelling containing not more than 4 dwelling units if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits); in addition, the following stated provisions shall also apply. The owner and operator of an LGSPI shall each identify a responsible person for emergency purposes and public inquiry and shall at all times throughout the life of the installation maintain current contact information (name, address, telephone number, e-mail address) for such person(s) on file with the Building Inspector, the Fire Chief, and the SPAA. 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. 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations [Adopted 2013]. Maintenance shall include, but not be limited to, required scheduled and unscheduled inspection, maintenance of all turbine components, including the structural integrity of the foundation, repair, painting, and maintenance of all equipment and support structures and security barriers, access, and landscaping. 41 Center Street 6.7.3.1 All land shown on a plan for which a Special Permit is granted that is not included in building lots shall be open land. (b) The single family dwelling shall have existed on the lot as of March l, 1984. Disturbance of land: Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel or similar earth materials. c. 66, and as such shall not bepart of the public record. Applications shall be accompanied by at least seven (7) prints of the plans of the proposal. Lot Lines. Tideland lying below Mean High Water (per U.S. Geodetic Survey), except that such, Driveways/Curb Cuts: No person shall construct a driveway or entrance. Chapter 40A, Section 9 and Section 7.5 of the Zoning By-Law, with the exception that a public hearing shall be held within thirty (30) days after the filing of a complete application with the Town Clerk, and the Zoning Board of Appeals at a regularly scheduled Zoning Board of Appeals meeting. 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. [Amended 2007]. Utilities Activities means construction, maintenance or other changes in water, gas, sewer, electric, telephone, cable and other utilities installed underground within one or more trenches each not exceeding 4 feet in width (the number and location of such trenches to be as determined by the Planning Board under the Subdivision Rules and Regulations, otherwise by the Building Inspector) extending (a) from the front exterior boundary of the lot through the Center Front Setback Area to structures within the Interior Area, and/or (b) between structures within the lot. E. Public Hearing. 7. 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. 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. [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. Sign Regulations; Zoning Bylaws; Application Forms; Application Fee Schedule Ordinances/Zoning & Planning. 10. THE CURRENT LANGUAGE REGULATING NONCONFORMING USES IS CURRENTLY 6.1, AND IS SHOWN BELOW. The Flood Control District will consist of those areas designated as A1, A2 and B1 in Figure 8 of a report prepared for the Town of Manchester-by-the-Sea by the consulting firm of Camp, Dresser and McKee entitled "Storm Drainage Improvements for the Bennett's Brook Drainage Area" dated October, 1971. No LGSPI shall be required to obtain an independent special permit under either section. As such, no formal findings are required for the pre-application conference. 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. ft. minimum area, 75 ft. minimum frontage. Junk car regulations will not change. 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. 9.3 Blank [Previous section 6.8 renumbered and deleted 2021], 9.4 Inclusionary Housing [Added 2005], The purpose of this Bylaw isto outline and implement a coherent set of policies and. Manchester, CT 06045 especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. (c) Adequately distributed throughout the parcel and accessible to all residential lots without crossing through private property. The Planning Board shall require that said construction shall be completed within a specific period of time; or. The Coffee County Codes Department is dedicated to public safety in the built environment countywide through development and promotion of uniform codes and standards, enhancement of professionalism in code administration, and facilitation of acceptance of innovative building products and systems. The WECF and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and IEC61400-14 as revised from time to time. In a single Residence District no building or land shall be used and no building shall be erected or altered which is intended or designed to be used for any purpose except one or more of the following: 4.1.1 A dwelling having not more than one dwelling unit. 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. This setback may be eliminated where the proposed development abuts existing. c.21, 26 53; M.G.L. A fee equaling 50% of the Countys fee will be assessed. 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. Permanent Restriction: In any case when open space is not conveyed to the Town, a permanent conservation or agricultural preservation restriction, in accordance with G. L. c. 184 sec. Acid and basic cleaning solutions, Antifreeze and Coolants, Arsenic and arsenic compounds, Bleaches and peroxides, Brake and transmission fluids, Brine solution, Casting & Foundry chemicals, Caulking agents and sealants, Cleaning solvents, Corrosion and rust prevention solutions, Cutting fluids, Degreasing solvents, Disinfectants, Electroplating solutions, Explosives, Fertilizers, Fire extinguishing chemicals, Food processing wastes, Formaldehyde, Fuels and additives, Gasolines, Glues, adhesives and resins, Greases, Hydraulic fluid, Indicators, Industrial and commercial janitorial supplies, Industrial sludges and stillbottoms, Inks, printing and photocopying chemicals, Laboratory chemicals, Liquid storage batteries, Medical, pharmaceutical, dental, veterinary and hospital solutions, Mercury and mercury compounds, Metals finishing solutions, Oils, Paints, primers, thinners, dyes, stains, wood preservatives, varnishing, and cleaning compounds, Painting solvents, PCB's, Pesticides and herbicides, Plastic resins, plasticizers and catalysts, Photo development chemicals, Poisons, Polishes, Pool chemicals in concentrated form, Processed dust, and particulates, Radioactive sources, Reagents and standards, Refrigerants, Roofing chemicals and sealers, Sanitizers, disinfectants, bactericides and algaecides, Soaps, detergents and surfactants, Solders and fluxes, Stripping compounds, Tanning industry chemicals, Transformer and capacitor oils/fluids, Water and wastewater treatment chemicals. 2. 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. 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. Impervious surface: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. Under the American Rescue Plan Act of 2021, Connecticut has been LGSPI shall not be used for displaying any advertising except for identification of the manufacturer or operator of the LGSPI in conformance with section 11.1.3.8.1. 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. objectives for the development of affordable housing in compliance with the Manchester-by-the-Seas Comprehensive Plan, G.L. The invalidity of one or more sections, subsections, sentences, clauses or provisions of this By-Law shall not invalidate or impair the By-Law as a whole or any other part hereof. [Amended 1982, 1986, 1987, 1989, 2007], DISTRICT MINIMUM DISTANCE FROM FRONT, District A 10 ft. *, District B 5 ft. *, District C 15 ft. *, Residence District D 5ft. *, District E 15 ft. *, General District 5ft. *, *Accessory structures shall be set back from the street(s) on which the lot has frontage at least. 9.4.4 Mandatory Provision of Affordable Units. conservation land. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). (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. Monday, November 14, 2022Place: Manchester Essex Regional High SchoolTime: 6:30 PMTown Meeting Warrant, (*please confirm with Town Calendar when close to meeting date)Monday, October 24 at 6:30 PM: Regular PB Meeting Hybrid: Zoom and Room 5Monday, November 7 at 6:30 PM: Regular PB Meeting Hybrid: Zoom and Room 5Monday, November 14: Special Fall Town Meeting. to exercise lawful oversight and regulation of Medical Marijuana Treatment Centers (also known as Registered Marijuana Dispensaries) and Marijuana Establishments, together referred to herein as Marijuana Businesses, consistent with Chapter369 of the Acts of 2012,An Act To Ensure Safe Access to Marijuana, Chapter 55 of the Acts of 2017, all regulations which have or may be issued by the Department of Public Health and/or the Cannabis Control Commission, including, but not limited to 105 CMR 725.00 et seq. (d) Additional information requested by the Board of Appeals. Manchester Town Hall. 5. Topographical changes (other than Excluded Activities) within the Setback 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 if such changes: (1) Involve within the Setback Area removal of either any portion of any pre-construction exposed ledges or more than 5 feet vertically or horizontally of other ledges; and/or, (2) Result in a change in elevation (from the pre-construction elevation) of more than 5 feet at any point (otherwise than within the footprint of any structure) within the Setback Area; and/or, (3) Result in the excavation, deposit or removal of more than 20 cubic yards of earth, clay, sand, gravel and rock within the Setback Area, whether or not any such material so excavated, deposited or removed is relocated elsewhere either within the Setback Area or the lot; and/or. Vacancies shall be filled in the same manner as appointments. The maximum size of any one structure shall not exceed 1,000 square feet. 7.5.3 An applicant for a special permit shall file an application with the applicable special permit granting authority, together with such other plans, specifications and documents as may be required by rules adopted by the special permit granting authority pursuant to Section 7.5.6, and shall file a copy thereof with the Town Clerk and with any other officers, boards or commissions required by this By-Law. (3) publicly owned treatment works, or POTWs. At least five (5%) percent of the interior of any parking lot having twenty (20) or more spaces shall be maintained with landscaping, including trees, in plots of at least four (4') feet in width. Such testing and monitoring shall take place annually. If any Regulated Substances are stored on the construction site during the construction process, they shall be stored in a location and manner that will minimize any possible risk of release to the environment. Except for shed dormers, individual dormers are not considered to be an increase in volume. (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. Name, address, and contact information for proposed system installer; vii. 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. No person may undertake a construction activity, including clearing, grading and excavation that results in a land disturbance that will disturb equal to or greater than one acre of land or will disturb less than one acre of land but is part of a larger common plan of development that will ultimately disturb equal to or greater than one acre of land draining to the Towns municipal separate storm sewer system without a special permit from the Planning Board. Clearing: Any activity that removes the vegetative surface cover. Contact; Main navigation. 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. 3. (d) will not cause the average concentration of nitrate-nitrogen in groundwater recharged on the property to exceed five (5) milligrams per liter. The Planning Board shall deny any application for a special permit for development under Sections 9.2 and this section if the applicant for special permit approval does not agree that: 1) At least ten (10) percent of the lots in a division of land or units in a multiple unit development subject to this Bylaw shall be established as affordable housing units in any one or combination of methods provided for below. dwelling unit in a reasonable and economical manner. All Town streets are SNOW EMERGENCY ROUTES. To allow for a diversity in dwelling unit construction, and to continue an historic pattern of settlement within the downtown portion of town, this By-Law allows for the construction and/or conversion of structures into two dwelling units, provided the new or converted structures are appropriate in terms of bulk, shape and location on the lot and relationship to abutting properties. The name, contact information and signature of any agents representing the project proponent; ix. The Town of Manchester-by-the-Sea finds that: (a) The groundwater underlying the Town is a major source of its existing and future water supply, including drinking water. Pasquale Popolizio Zoning Official. be prohibited without receipt of a special permit from the SPGA. The Zoning Ordinance is designed and adopted for the following purposes: To protect and promote the public safety, convenience, comfort, aesthetics, prosperity, health, and general The project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the LGSPI. 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. 12. If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units. 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Sanderson Charles Jeter,
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