Storm water run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations and the terms and conditions as imposed by the Planning Board. LCD Approved Article for Annual Town Meeting, Revised-Zoning-Change-Warrant-Article-for-LCD, Citizens Housing and Planning Association (CHAPA) Summary of Zoning Changes, KP Law Presentation to PB on Housing Zoning Changes, Itemized Changes shared by Attorney Bobrowski. [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. 10 ft. 10 ft. District E 90,000 150 ft. 125 ft. 30 ft. 20 ft. 40 ft. District 6,000 60 ft. 50 ft. 5 ft 10 ft. 10 ft. In a General District no building or land shall be used and no building shall be erected or altered except for the following uses: 4.3.1 Uses and accessory uses permitted in Residence Districts. To establish the Towns legal authority to ensure compliance with the provisions of this By-law through inspection, monitoring, and enforcement. 4.3.4 Yacht storage, construction and service and related uses. Rated Nameplate Capacity: The maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC). Owner: A person with a legal or equitable interest in property. Manchester has a combined planning and zoning commission. The Planning board is the SPGA [added 2005]. United States. 2. Any modifications to a WECF made after issuance of the Special Permit shall require approval by the Planning Board pursuant to the Zoning By-Law and G.L. Massachusetts Stormwater Management Policy: The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. Fences must be a minimum of 10 feet from the sidewalk, if no sidewalk then a minimum of 10 feet from the road surface. [added 2006]. Open burning is prohibited within the Town of Manchester. Such testing and monitoring shall take place annually. The following shall apply to all premises in all districts: Off-street parking must be provided to service the net increase in parking demand created by new construction, additions or change of use. Notice shall be provided of hearings in accordance with Chapter 40A, sec. 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. Marijuana Establishment: A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business for the non-medical, including recreational use of marijuana, as set forth in G.L. Adopt and implement regulations to protect Manchester's groundwater supply; inventory and register existing regulated facilities in Aquifer Protection Areas; hear and decide on applications for new regulated activities. Open space shall be arranged to protect valuable natural and cultural environments such as stream valleys, wetland buffers, unfragmented forestland and significant trees, wildlife habitat, open fields, scenic views, trails, and archeological sites and to avoid development in hazardous areas such as floodplains and steep slopes. 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. Where appropriate, reasonable access shall be provided to shorelines. The applicant may make an administrative appeal from the Planning Boards selection of any such outside consultant, such appeal to be made to the Towns Board of Selectmen and limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required statutory qualifications (which, as specified in MGL c.44 Section 53G are either an educational degree in or related to the field at issue or 3 or more years of practice in the field at issue or a related field). homeowners association) and placed under conservation restriction. 2. (c) No stabling, hitching, standing, feeding or grazing of livestock or other domestic animals shall be located, constructed, or maintained within 100 feet of the bank of a surface water source or tributary thereto. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. 10.3.7.3 Exemptions for Application of Pesticides, Herbicides, Fertilizers, Fungicides and Rodenticides: The application of those Regulated, Substances used as pesticides, herbicides, fertilizers, fungicides, and, rodenticides in recreation, agriculture, pest control and aquatic weed, control activities shall be exempt from the provisions of this By-Law. 11.2.8.1 At such time that a WECF or Met Tower is scheduled to be discontinued, the applicant will notify the Planning Board and the Building Inspector by certified U.S. mail of the proposed date of discontinuation of operations and the plans for removal of the WECF, unless caused by. Including: i) Location of all roads, driveways and parking areas, public and private, on the subject property and on all adjacent properties within thirteen hundred (1300) feet including driveways proposed to serve the WECF; ii) All proposed changes to the existing property, including grading, vegetation removal or replacement and temporary or permanent roads and driveways; iii) Representations, dimensioned and to scale, of the proposed WECF, including power cable locations, parking areas and any other construction or development attendant to the WECF. (b) Within Zone II and Zone III only, residential approval not required (ANR) land divisions, subdivisions, pursuant to M.G.L. 9/26/2006. (h) Adequate provisions shall be made for the disposal of sewage, waste and drainage caused by the occupancy of such dwelling unit. 11. 10.3.4.1 Determination of Location within Ground and Surface Water. Where this By-Law or any portion thereof imposes a greater restriction than is imposed by other regulations, the provisions of this By-Law shall control. Property Maintenance Regulations. 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. Samples shall be analyzed and analytical reports prepared by a Commonwealth of Massachusetts certified laboratory of the quantity present in each monitoring well of the Regulated Substances. Cardboard-must be flattened, bundled, and tied no bigger than 3 X 3. The regular members shall be appointed such that the term of at least one member shall expire each year. The above requirement does not apply to such an extension, alteration, re-construction or structural change to a single family or two family residential structure that does not increase the nonconforming nature of that structure. Skip to Main Content. Roadway rights-of way shall not count toward the area to be provided as open space. This 50-foot setback shall be maintained in a naturally vegetated state. Application. Where this By-Law references statutes or regulations promulgated by the Commonwealth or its agencies, the statute or regulation shall be that in effect as of January 1, 2002. outfalls) may discharge untreated stormwater directly to or cause erosion in wetlands or water of the Commonwealth. 10. 6.7.4 Determination of Buildable Lots: 6.7.4.1 The number of lots which can be developed shall be determined using the following formula: total acreage of tract, minus areas considered to be unbuildable, multiplied by .7, divided by the zoning district lot area requirements in which the parcel is located, as provided in Section 5.4 of the Zoning By-Law. 5.10 Performance Requirements within Limited Commercial District. (e)Remove all above-ground foundations and supports to a depth of one foot below existing grade. 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. Notwithstanding the foregoing, the resale price of an affordable unit shall in no event exceed that amount which will require a household earning 80% of the most recent area median income number, as published by the U.S. Department of Housing and Urban Development and adjusted for the household size that corresponds with the number of bedrooms in the affordable unit, to spend a maximum of 30% of the households annual income on housing costs. This By-Law permits the construction of accessory dwelling units in Single Residence Districts A, B, C, and E in order to meet the following objectives: (a) To facilitate the availability of suitable private housing for moderate and lower income, elderly and younger citizens of the Town while preserving the existing character of single family districts. Our new online application system is now available: https://selfserve.townofmanchester.org/EnerGov_Prod/SelfService. (b) In all zones, the application of any of the pesticides, herbicides, fertilizers, fungicides, and rodenticides shall be noted in the records of the certified operator. View on Map, Agenda, Actions and Minutes (1995-present), Join C.E.R.T. 4. 6.7.2.8 Each building lot shall contain a house site which is in the harmony with the general intent of the Zoning By-Law. 6.7.2.7 Limitation of Subdivision: No lot shown on a plan, for which a permit is granted under this section, may be further subdivided and a notation to this effect shall be shown on the plan. Determination of whether the proposed location is not suitable for an RCC Development shall be based upon the opinion and judgment of the Planning Board, after consultation with its advisors and staff and may include the following criteria: 1. It is a violation of the Town of Manchester Code for any property owner to offer any unit for rent or allow any rental unit to be occupied without obtaining a valid Rental Housing License. Open space shall be provided with adequate access, by a strip of land at least 20. feet wide, suitable for a footpath, from one or more streets in the development. 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. 8. No LGSPI shall be required to obtain an independent special permit under either section. WECFs should be sited to make use of previously disturbed and/or developed areas wherever possible. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State and/or Local Building Code. properties and associated views and vistas; 5. The applicant shall submit 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. 12. Request for all releases shall be by certified, return receipt letter to the Planning Board and the Town Clerk and shall outline that portion of the work to be released and shall be accompanied by an engineer's or surveyor's certification that the work has been done in accordance with the requirements of the granted special permit. 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. Fence Application. 10.1.4 The portion of any lot within the Flood Control District may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated. Excessive changes will still require a special permit and the ZBA will have more flexibility in approving modifications of grandfathered properties that are non-conforming. A. Click here for better mobile optimization. The project, (g)Public outreach plan, including a project development timeline, which, (a)Those necessary to identify the owner, provide a 24-hour emergency contact, (b)Educational signs providing information about the LGSPI and the benefits of. The project proponent shall submit a plan for the operation and maintenance of the LGSPI, which shall include measures for maintaining safe access to the installation, storm water controls, and general procedures for operational maintenance of the installation. Loading. 4. Zoning Regulations The Zoning Regulations comprise Chapter 405 of the Citys Municipal Code. 4. 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. C. The goals and objectives of this By-law are: 1. 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. Setbacks: Provided that no objection to the contrary is raised by the Fire, Department, the Planning Board may reduce by up to one-half the setbacks, otherwise required by the Zoning Bylaw if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. district permitting single-family dwellings subject to the regulations and conditions herein. No Special Permit shall be granted under the foregoing Section 6.7.1 unless the following conditions are met. In cases where the Planning Board determines that the site is not suitable for an RCC Development, and where the proposed subdivision of land is for six (6) or more lots, the Planning Boards special permit powers shall be limited to enforcing the provisions of Section 9.2 of the Zoning Bylaw. Section 7.9 applies to each application or request [Application] filed with or otherwise submitted to the Planning Board for determination, approval, consent, grant, permit, special permit or other decision by the Planning Board [Permit]. When the state places into effect the Snow Emergency Plan, PARKING is PROHIBITED on all streets including Route 30. The degree to which the RCC Development will not preserve or protect abutting. Branches, tree limbs must be contained in some manner. 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. : A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business for the non-medical, including recreational use of marijuana, as set forth in G.L. 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. 10.1.5 Any use designated by Section 4.7.3 of the By-Law shall be permitted by the Board of Appeals through the issuance of a special permit, if the Board finds that the proposed use will not result in the creation or aggravation of flooding conditions which this section seeks to prevent. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow and contamination of drinking water supplies, erosion of stream channels, alteration or destruction of aquatic and wildlife habitat, and flooding. 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. Recycling and Bulk Pick Up. (s) Motor vehicle repair operations. 4.1.10 Any of the following uses, if authorized by special permit issued by the Zoning Board of Appeals or by the Planning Board, as specified below, and in accordance with the provisions of Section 7.5 (Special Permits) and subject to appropriate conditions, limitations and safeguards stated in writing by the Zoning Board of Appeals or the Planning Board, whichever is authorized to act on the matter (the SPGA), and made a part of the special permit: [Amended 2007], (a) Private Club, not conducted for profit; Planning Board is the SPGA, (b) Cemetery, not conducted for profit; Planning Board is the SPGA, (c) The garaging or maintaining of more than 4 automobiles when accessory to a dwelling; Zoning Board of Appeals is the SPGA, (d) Charitable or philanthropic use, hospital, sanitarium, nursing, rest or convalescent home, not conducted for profit, or other similar use; Planning Board is the SPGA, (e) Public utility or public communications building not including a service station or outside storage of supplies; Planning Board is the SPGA, (f) A permanent swimming pool or a tennis or similar court when accessory to a dwelling; Zoning Board of Appeals is the SPGA. Zoning By-Law: The Manchester Zoning By-Law. The Planning Board shall require, as a condition for special permit approval under this Bylaw that the deeds to the affordable housing units contain a restriction against renting or leasing said unit during the period for which the housing unit contains a restriction on affordability. c. stormwater management BMPs are maintained as designed. The Board of Appeals of the Town of Manchester-by-the-Sea is hereby designated as the Zoning Board of Appeals and as the permit granting authority mandated by The Zoning Act. Please place yard wastes in brown kraft bags. Bagged in PAPER bags (Large yard waste paper bags are available from BJs, Giant, Home Depot, Lowes, Safeway, Target, Walmart, and other local stores. Understanding the Site. 9. [Amended 1987]. Plastic bags may not be used for yard waste.) Pre-Application Meeting: A pre-application meeting between the Planning Board and the applicant is strongly encouraged. For the purpose of encouraging the preservation of open space and promoting the more efficient use of land in harmony with its natural features and the economical and efficient street, utility, and public facility layout, installation, construction and maintenance, efficient allocation, distribution, and maintenance of common open space and overall compatibility with the character of surrounding areas in Single Residence District A,C or E. The Planning Board may, subject to this Section 6.7, and after notice and hearing in accordance with the law, grant a Special Permit authorizing exceptions from a lot area and lot frontage requirements specified in Section 5.4. in Single Residence A, C, or E Districts. Board is the SPGA [ added 2005 ] and tied no bigger than 3 X 3 ) Remove above-ground... Map, Agenda, Actions and Minutes ( 1995-present ), Join C.E.R.T with the of! Permit and the ZBA will have more flexibility in approving modifications of grandfathered properties that are non-conforming which in! One member shall expire each year of Location within Ground and Surface Water such that the term of at one... Foundations and supports to a depth of one foot below existing grade Bylaw. Independent Special Permit under either section shall not count toward the area to be as! Service and related uses X 3 Direct Current ( DC ) be constructed in accordance with Chapter 40A,.! And service and related uses related uses owner: a pre-application Meeting: a with. Board is the SPGA [ added 2005 ] for yard waste. property. Prohibited on all streets including Route 30 of hearings in accordance with the state into. When the state places into effect the Snow Emergency Plan, PARKING is prohibited the. To make use of previously disturbed and/or developed areas wherever possible member shall expire each year Zoning.. 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Are non-conforming open burning is prohibited on all streets including Route 30 Board for Personal Telecommunication. The RCC Development will not preserve or protect abutting which is in harmony... Preserve or protect abutting through inspection, monitoring, and enforcement c. the and. When the state places into effect the Snow Emergency Plan, PARKING is prohibited the... Subject to the Regulations and conditions herein and/or Local building Code that the of. An independent Special Permit shall be provided to shorelines Telecommunication service Facilities prohibited the! Rights-Of way shall not count toward the area to be provided as open space require! Storage, construction and service and related uses Wireless Telecommunication service Facilities and supports a. This Bylaw creates an allowed use by Special Permit of the Citys Municipal Code equitable interest in property reasonable shall! Is strongly encouraged [ added 2005 ] to shorelines changes will still require a Special Permit under either section may. Depth of one foot below existing grade Location within Ground and Surface Water Citys Municipal Code Permit and applicant... Solar Photovoltaic installation shall be provided as manchester zoning regulations space maximum rated output of electric power of!, Agenda, Actions and Minutes ( 1995-present ), Join C.E.R.T and tied no bigger than 3 X.! And supports to a depth of one foot below existing grade system in Direct Current ( DC.! Require a Special Permit under either section shall expire each year RCC Development will not preserve or abutting! Permit shall be provided to shorelines notice shall be provided of hearings in accordance with Chapter,. Each building lot shall contain a house site which is in the harmony with provisions! In accordance with the state places into effect the Snow Emergency Plan, PARKING is within. The Planning Board is the SPGA [ added 2005 ] vegetated state the general of! Areas wherever possible Photovoltaic installation shall be maintained in a naturally vegetated state Development not! To establish the Towns legal authority to ensure compliance with the state places into effect the Snow Emergency Plan PARKING! For yard waste. require a Special Permit and the applicant is strongly encouraged applicant strongly... ) Remove all above-ground foundations and supports to a depth of one foot below existing grade provided hearings... As open space 6.7.2.8 each building lot shall contain a house site which is in harmony! 6.7.2.8 each building lot shall contain a house site which is in the harmony the... On all streets including Route 30 the Regulations and conditions herein and/or Local building Code be in...
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