It has also been designated the Inland Wetlands Agency and the Aquifer Protection Agency. development 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. bylaws, zoning, regulations. (d) Either the accessory dwelling unit or the main dwelling shall be occupied by the owner of the property except for temporary absences of up to one year. 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. 10.3.6.5 Design and Operating Guidelines: As a condition(s) of granting a special permit, the SPGA may require adherence to any, or all of the following design and operation guidelines, where in its opinion, such adherence would further the purpose and intent of this By-Law. (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. 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. (f) Alterations and Expansion: The SPGA shall be notified in writing prior to the expansion, alteration or modification of an activity holding a Special Permit under this By-Law. Municipal Code - Manchester Footer menu. The Special Permit Granting Authority (SPGA) under section 6.9 of this By-law shall be the Planning Board. 9.1.2.4 The accessory dwelling unit shall not be occupied until a Building Permit and a Certificate of Occupancy are issued by the Building Inspector. Manchester, CT 06045 [Revised 1998], 10.3. The WECF and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and IEC61400-14 as revised from time to time. 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. 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. If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable. The Planning Board shall hold a public hearing in accordance with G.L. Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling; 3. 8.3.5 General Requirements and Conditions. Zoning Regulations The Zoning Regulations comprise Chapter 405 of the Citys Municipal Code. Notwithstanding this provision or the, requirements of the Zoning Bylaw, every dwelling fronting on the proposed. The penalty for violation shall be $50 for the initial offense and $100 for each repeat offense. Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. 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. A special permit shall not reverse, vary or alter any applicable provision of this By-Law. We will provide you the secure enterprise solutions with integrated backend systems. Wind Energy Conversion Facility (WECF): All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. (4) Disturb more than 10% of the Setback Area. All Personal Wireless Telecommunication Service Facilities shall require a Special Permit from the Planning Board. Zoning: The PZC, in its zoning capacity, is responsible for reviewing and deciding on any permits required by the zoning regulations. The Zoning By-Law of the Town of Manchester-by-the-Sea is adopted pursuant to and under the authority of Chapter 40A of the General Laws as amended by Chapter 808 of the Acts of 1975, The Zoning Act. Any amendments, additions or deletions to said Maps shall be made only as provided for in M.G.L. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented. In the event that a decision is not filed with the Town Clerk within seventy-five (75) days of the filing date, the application shall be deemed to be approved. 6.16.2(e) Interior Area Special Permits: Topographical changes (other than Excluded Activities) within the Interior 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 (in addition to any Earth Removal Permit which may be required under Article XII of the Towns General By-Law) if such changes: (1) Involve within the Interior Area removal of any portion of any pre-construction exposed ledges; and/or, (2) Result in a change in elevation (from the pre-construction elevation) of more than 10 feet at any point (otherwise than within the footprint of any structure) within the Interior Area; and/or, (3) Result in the excavation, deposit or removal of more than 100 cubic yards of earth, clay, sand, gravel and rock within the Interior Area, whether or not any such material so excavated, deposited or removed is relocated elsewhere either within the Interior Area or the lot; and/or. 4. Designating the Contiguous Open Space. 7. No illuminated sign of any kind shall be permitted in a Residence District. (e)Remove all above-ground foundations and supports to a depth of one foot below existing grade. 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. development plan is submitted, applicants shall be prepared to demonstrate to the Planning Board that this design process was considered in determining the layout of proposed streets, house lots, and contiguous open space. Development (d) will not cause the average concentration of nitrate-nitrogen in groundwater recharged on the property to exceed five (5) milligrams per liter. An accompanying Existing Conditions Plan shall depict existing topography, wetlands, waterbodies and the 100-year floodplain, all existing rights of way, easements, existing structures, the location of significant features such as woodlands, tree lines, open fields or meadows, scenic views, watershed divides and drainage ways, fences and stone walls, roads, driveways, and cart paths. Erosion Control Inspection: to ensure erosion control practices are in accord with the filed plan. The applicant shall be advised of the selection of an outside consultant, and of the sum to be deposited with the Town in a special account for the reasonable fees for the employment of the same. - Manage notification subscriptions, save form progress and more. d) All signs shall comply with the requirements of the Zoning By-Law. [Amended 2007]. c. 21 . Each copy of the SMSP Application package shall include: 1. a completed Application Form with original signatures of all owners; 2. a list of abutters, certified by the Assessors Office; 3. the Stormwater Management Plan and project description as specified in Section 6.15.7 of this By-law; 4. the Operation and Maintenance Plan as required by Section 6.15.8 of this By-Law; B. Density/Number of Dwelling Units: The total number of dwelling units in a Residential Conservation Cluster shall be determined by the following formula: (a) [Total area of land subject to the application] [Area of wetlands and. All storage sheds less than 150 square feet require a Zoning Certificate from the Town of Manchester . Junk car regulations will not change. Name, address, phone number and signature of the project proponent, as well, viii. A. All visible foundations to be removed to two (2) feet below grade in the vicinity of the structure. Site plan review approval is required from the Planning Board, as provided for in Section 6.5 Site Plan Approval (See also 5.7 Limited Commercial District): 4.4.1 Business and professional offices and office buildings; 4.4.2 Recreational club or facilities operated for profit; 4.4.5 Large-scale Ground-mounted Solar Photovoltaic Installations. Application is taken to the Manchester Town Office where compliance with local zoning regulations is reviewed and approved. The burden of proof shall rest upon the applicant for a special permit to demonstrate that the location is not within a delineated district. which will not alter terrain or drainage patterns; 5. No such special permit under this Section 6.12 is required for any or all of the following (collectively, the Excluded Activities): (i) Authorized Structures/Drives Activities; and/or. Create a Website Account - Manage notification subscriptions, save form progress and more. Performance based development standards replace the existing prescriptive ones for use in site plan and special permit review. 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. Fences must be a minimum of 10 feet from the sidewalk, if no sidewalk then a minimum of 10 feet from the road surface. Signs shall also be subject to the applicable provisions of the General By-Laws of the Town of Manchester-by-the-Sea. Within that portion of Residence District D included within a line running one hundred (100') feet from, and parallel to, the easterly and westerly sidelines of Pine Street, the northerly and southerly sidelines of Pleasant Street, the westerly sideline of School Street, the northerly sideline of Pleasant Street Extension, the easterly sideline of Arbella Street, and the northerly sidelines of Lincoln Street, specifically defined as the area depicted in Article 21 of the 1985 Annual Town Meeting, the conversion of a single-family residence in existence on the lot as of May 6, 1991 to a two-dwelling unit structure and the construction of a two-dwelling unit are permitted, if authorized by a special permit issued by the Zoning Board of Appeals in accordance with Section 7.5 (Special Permits) and M.G.L. Pursuant to 105 CMR 725.200 (C), the above information may be confidential and exempt from the provisions of G.L. Preliminary (Conventional) Plan/RCC Sketch Plan: Applicants proposing the. bylaws, zoning, regulations. The provisions of Section 9.4 of the Zoning Bylaw will be met. Each special permit granting authority shall adopt rules, not inconsistent with the provisions of this By-Law and The Zoning Act or other applicable provisions of the General Laws, for the conduct of its business and shall file a copy of such rules with the Town Clerk. Height: The height of a wind turbine measured from grade elevation at the base of the tower to the elevation at the tip of the blade at its highest point. Special Permit Granting Authority (SPGA) pursuant to this By-Law shall be the Planning Board. Therefore, this email communication may be subject to public disclosure.******. Property should be properly surveyed to ensure that the fence is not erected on a neighbors property. The site's existing and proposed topography with contours at 2 foot intervals. [Added 1984]. 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