No variance authorizing a use or activity not otherwise permitted in the Limited Commercial District shall occur without a written finding by the Board of Appeals that, in addition to the requirements set forth in Section 7.4.6, the specific considerations (1-7) outlined in Section 7.5.2 of the Manchester-by-the-Sea Zoning By-Law have been addressed. 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. (e) Storage of commercial fertilizers, as defined in M.G.L. flat) and shall not be electronic or lighted. Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. (d) Land uses that result in the rendering impervious of more than 15% of any lot, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. Applicants shall be required to obtain a special permit from the Planning Board to use any lot or seaway for helicopter landing, storage or parking within the Town of Manchester-by-the-Sea. The burden of proof shall rest upon the applicant for a special permit to demonstrate that the location is not within a delineated district. 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. The SPAA may engage, at the applicants expense, professional and technical consultants, including legal counsel, to assist the SPAAwith its review of the application, in accordance with the requirements of Section 53G of Chapter 44 of the Massachusetts General Laws. ft. minimum area, 75 ft. minimum frontage. Elevations shall be at either one-quarter (1/4) inch equals one (1) foot or one-tenth (1/10) inch equals one (1) foot scale and show the following: a) The WECF and if applicable the security barrier and associated equipment, with total elevation dimensions of all parts of the WECF; b) Security barrier. laws and By-Laws within Manchester-by-the-Sea. Geographic Areas Affected: All areas within the Town of Manchester except those areas falling within the Village of Manchester, a separate municipality with its own zoning and sign regulations. April 2020 - The Town of Manchesters Planning Board, members of the Board of Appeals, Zoning Enforcement Officer, Town Planner and others have been working with the Towns legal consultant since June of 2019 to recodify and update the Towns Zoning Bylaws. It has also been designated the Inland Wetlands Agency and the Aquifer Protection Agency. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. 5.7.2 The structures on the lot shall cover not more than twenty percent (20%) of the area of the lot, and at least twenty-five percent (25%) of the area of the lot shall be of natural or landscaped area. The surface drainage area as determined by topography is commonly coincident with the ground water drainage area and will be used to delineate Zone III. 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. review documentation concerning sources and amounts of household income, and certify to the Town that all purchasers or renters approved for an affordable unit meet LIP income eligibility requirements. The standards below must be met without counting any existing parking necessary for existing activities to meet these requirements. as defined by 105 CMR 725.000, et al., as it may be amended or superseded, and pursuant to all other applicable state laws and regulations. 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. Except as expressly provided in section 4.1.9.1 (employee), not more than one dwelling shall be built or maintained on a lot. NO PLASTIC BAGS. 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. Where appropriate, multiple use of open space is encouraged. The Board of Appeals may grant upon appeal or upon petition with respect to particular land or structures a variance from specific requirements of this By-Law only where, after notice and a public hearing, as required by The Zoning Act, the Board of Appeals specifically finds that, owing to circumstances relating to the soil conditions, shape or topography of land or structures, and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this By-Law would involve substantial hardship, financial or otherwise, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. The term "building" shall be construed where applicable as if followed by the words "or portion thereof". A public hearing on said referral shall not be required. The purpose of the Zoning Code is to regulate and control the zoning and the use of Erin Mathioudakis Administrative Assistant Co-applicants shall include the landowner of the subject property and the operator of the WECF. Changes to Operation and Maintenance Plans. Zoning: The PZC, in its zoning capacity, is responsible for reviewing and deciding on any permits required by the zoning regulations. The permit holder shall adjust the total amount of security every five (5) years as necessary to ensure that it reflects current estimated removal costs plus twenty-five (25) percent contingency. C. The goals and objectives of this By-law are: 1. Excluded from notification prior to alteration or modification are changes in types of Regulated Substances used in a laboratory or laboratories designated as such in the currently valid permit which do not exceed the non-aggregate limits and which are within the Generic Substances listed in said permit based upon the Generic List attached hereto and incorporated herein as Exhibit A. c. 128, 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. The Planning Board shall hold a public hearing in accordance with G.L. c) Documentation of the legal right to install and use the proposed WECF and proof of control over the site and required setback area. 3. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. The Zoning Board of Appeals shall take final action on the special permit application within thirty (30) days following the close of the above-noted public hearing. Zoning Bylaw Recodification and Update - What and Why? Junk car regulations are relocated here and will not change. No Marijuana Business shall be located within 300 feet of a residential zoning district, or within 500 feet of any lot containing a school, childcare facility, or playground. 2. 2. d. Easements shall be recorded with the Essex County South Registry of Deeds prior to issuance of a Certificate of Completion by the Planning Board. 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. Septage Regulations. Electrical transformers for utility interconnections may be above ground if required by the utility provider. If the owner or operator of the LGSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. 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. 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. The site owner or his agent shall file a completed application package for a Stormwater Management Special Permit (SMSP) as follows: one copy (with the filing fee) with the Town Clerk and ten (10) additional copies with the Planning Board (by delivery with the above copy to the Town Clerk). (aa) Setback requirements greater than the minimum required by this By-Law; (bb) Requirements as to installation of screening, fencing or other means of protecting adjacent property; (cc) Modification of the exterior features or appearance of any structure; (dd) Limitation as to size, number of occupants, or method and time of operation of any proposed use; (ee) Regulation of number, design and location of access drives and other traffic features; (ff) Requirement of off-street parking and other special features; (gg) Installation of mechanical or other devices to limit noise, light, odor or other objectional aspects of use; and, (hh) Requirement for surety bonds or other security for the performance of any conditions attached to the special permit. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner(s). 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. Alternately, any resident can gather 25 names on a petition and then request a zoning amendment be placed on the ballot. 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. Therefore, and in reliance on the Town's authority under M.G.L. Special, permits shall be granted only in conformance with this By-Law, Section. If this is infeasible, ancillary equipment may be located outside the tower, provided it is contained either within an underground vault, or enclosed within a separate structure or secured fence. 5.10.2.1 Toxic or Hazardous Materials: Any substance or mixture of such physical, chemical or infectious characteristics as to pose a significant, actual or potential hazard to water supplies, or other hazard to human health, if such substance or mixture were discharged to land or waters of this town. Any land lying within the Flood Control District shall be subject to the development and use regulations of the underlying district in which such land is situated but only to the extent not inconsistent with the regulations for the Flood Control District. The fee for this certificate (permit) is $50.00. (c) Excessive emissions. Plans shall be approved provided that the Planning Board determines that subject to any conditions that may be imposed the requirements of Section 6.2 will be satisfied, and that no other conflicts between the proposal and the Zoning By-Laws have been observed. 7. General Timeline of the Application Process:Application-Timeline.pdf(PDF,7KB), Town of Manchester 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. Any increase in area, frontage, width, yard, or depth requirements of this By-Law shall not apply to a lot for a dwelling having not more than two (2) dwelling units which, at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land, conformed to existing requirements and had less than the proposed requirements but at least five thousand (5,000) square feet of area and fifty (50) feet of frontage. Large-Scale Ground-Mounted Solar Photovoltaic Installation (LGSPI): A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC. 1. Application is taken to the Manchester Town Office where compliance with local zoning regulations is reviewed and approved. Loading Do Not Show Again Close. The developer is responsible for the maintenance of the open space and other facilities to be held in common until such time as the homeowners association is capable of assuming such responsibility. B. (f) The accessory dwelling unit is accessory to the principal residence. *****The Right-To-Know Law (RSA 91-A) provides that most e-mail communications, to or from City employees and City volunteers regarding the business of the City of Manchester, are government records available to the public upon request. These waters have exceptional sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the Massachusetts Stormwater Management Standards. (g) Residential approval not required (ANR) land divisions and/or subdivisions pursuant to M.G.L. The following design requirements shall apply to open space and lots provided through this Bylaw: 1. 7.0 Administration (TO BE MOVED FROM SECTION 7 TO A NEW SECTION 12). consider the following criteria in making its decision: 1. [amended 2005]. 3. Special Permits shall be valid for a period of two (2) years from the effective date of the special permit. Newspaper-should be place in brown bags or tied in bundles. Upon request the owner and/or operator shall cooperate with local emergency services in developing an emergency response plan, which may include ensuring that emergency personnel have immediate, 24-hour access to the facility. Zoning Districts, 5. MLS # 22300668 Terms of Use | Privacy Statement | Site Map | Login, Code of Ordinances Title IX General Regulations, Code of Ordinances Title XI Business Regulations, Code of Ordinances Title XIII: General Offenses, Adopting Ordinance from Code of Ordinances, Stormwater Resources for Site Development & Construction Activities, High Deductible Health Plan Health Savings Account, Sexual Misconduct, Domestic Violence and Dating Violence policy, Board of Water Commissioners Agendas and Minutes. Lighting of an LGSPI shall be consistent with local, state and federal law. If the Planning Board determines, after discussion and analysis provoked by Section 9.2.4, that the location is best suited for subdivision under a conventional subdivision design, the Planning Board shall so inform the applicant and the applicant may then proceed to design a subdivision plan under the provisions of the Subdivision Control Law and the Manchester-by-the-Sea Rules and Regulations Governing the Subdivision of Land (Subdivision Rules and Regulations) and the provisions of this section shall not apply. Evaluating Site Context. Please be aware that the height restriction includes WEEDS, GRASS, and ALL PLANTS other than trees, flowers, ornamental shrubs and bushes and fruit and vegetable plants. The applicant for development subject to this Bylaw may pay a fee in lieu of the construction of affordable units. Reinstate gravel or ground cover consistent with the surrounding landscape. Create a Website Account - Manage notification subscriptions, save form progress and more. 169- Zoning Ordinance Signs and Fences; Chapter 170- Zoning Ordinance Administration and Enforcement are hereby repealed. The LGSPI owner and/or operator shall maintain the facility in good and safe working 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. District D 6,000 60 ft. 50 ft 10ft. [Amended 1983]. The Building Inspector shall forward one copy to the Planning Board for their review and shall not approve any application subject to this section without receipt of written plan approval from the Planning Board, unless thirty (30) days elapse from the date of transmittal of plans to the Planning Board without receipt of such review from the Planning Board. All visible foundations to be removed to two (2) feet below grade in the vicinity of the structure. 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