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All accessory buildings and structures shall be located behind the front building line of the principal building. Adopt wetlands/watercourse boundaries and regulations; hear and decide on applications for work involving regulated activities in wetlands or watercourses; hear and decide on petitions to change regulations or boundaries. Upon receipt of the Planning Boards written decision regarding said plan, the applicant may submit a Definitive Subdivision/ RCC Development plan in accordance with the Planning Boards written decision. Bagged in PAPER bags (Large yard waste paper bags are available from BJs, Giant, Home Depot, Lowes, Safeway, Target, Walmart, and other local stores. Any Personal Wireless Telecommunication Service Facility which does not comply with all applicable federal, state, and local regulations shall be removed upon failure to bring the facility into compliance within thirty (30) days from receipt of written notice. Sheds All The location and boundaries of the zoning districts are shown on the following identified zoning maps as they may be hereinafter amended, and are collectively referred to as "The Zoning Map": "Map of the Town of Manchester, Massachusetts, Showing Zoning Districts," originally drawn by Charles A. Fritz on October 2, 1954, with reference to earlier map of December 7, 1944, accepted by the Town on February 13, 1945 and later amended to March 12, 1973 (scale: 1 inch equals 800 feet); and "Town of Manchester Natural Resources Map," consisting of a set of 8 maps prepared by Autometrics Division of Raytheon Corporation, dated April 1974 and adopted as part of the Zoning By-Law in May 1976 (scale: inch equals 600 feet), a composite map (scale: 1 inch equals 1,000 feet), and an index map (scale: 1 inch equals 2,000 feet). 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. 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. Updated Manchester Township Zoning Map. The owner or operator shall physically remove the installation no more than ninety (90) days after the date of discontinued operations, which period may be extended with written permission of the Building Inspector for no more than sixty (60) days. (d) Special permits, in accordance with the provisions of this By-Law, Section 7.5 of the Manchester-by-the-Sea Zoning By-Law and M.G.L. 4. 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. Where the proposed development abuts or includes a body of water or a wetland, these areas and the 100-foot buffer to such areas shall be incorporated into the open space. In exercising its jurisdiction hereunder, the Board of Appeals may impose such conditions and restrictions on such use as it determines necessary or desirable in order to satisfy the requirements of this section. 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. (f) To allow the best use of older homes by encouraging the preservation of these homes. 10.3.5 Restrictions within Ground and Surface Water Resource Overlay Protection Districts. Signs shall also be subject to the applicable provisions of the General By-Laws of the Town of Manchester-by-the-Sea. (d) Relationship to Subdivision Control Law: Nothing contained herein shall exempt a proposed subdivision from compliance with other applicable provisions of these Bylaws or the Subdivision Rules and Regulations of the Planning Board, nor shall it affect the right of the Board of Health and of the Planning Board to approve, condition or disapprove a subdivision plan in accordance with the provision of such Rules and Regulations and of the Subdivision Control Law. Failure to, respond in writing within 30 days shall indicate approval or no desire to, comment by said agency. Manchester, CT 06045 (4) Disturb more than 30% of the Interior Area. a. especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. The value of donated land shall be equal to or greater than the value of the construction or set-aside of the affordable units. c.40A ss. 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. (b) Conditions: The Planning Board shall impose conditions in its decision as, necessary to ensure compliance with the purposes of this Bylaw. 4. How land clearing and construction shall be performed in accordance with, Documentation of actual or prospective access and control of the project site, (d) Zoning district designation for the parcel(s) of land comprising the project, (e) Proof of liability insurance written by companies licensed to provide such, (f) Description of financial surety that satisfies Section 11.1.3.10.2. (t) Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00. Alternately, any resident can gather 25 names on a petition and then request a zoning amendment be placed on the ballot. Where appropriate, multiple use of open space is encouraged. otherwise required by the Zoning District in which the project is located. (d) In considering the Special Permit application, the Planning Board shall apply relevant design and operating guidelines noted in Section 4.9.6.5 of the Zoning Bylaw, including subsection (f) regarding alterations and expansion. (b) Floor plan showing size and location of accessory dwelling unit with all means of egress, natural and mechanical ventilation, and location of all items required by the building code. Demographics, Neighborhood Indicators and much more. 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. 4. The purpose of the Zoning Code is to regulate and control the zoning and the use of No Marijuana Business shall be established except in conformity with this By-Law and all applicable laws and regulations, including such regulations as may be promulgated by the Board ofHealth; and the requirements of 105 CMR 725.00 et seq. The manner of daily inspection shall not necessarily require physical inspection of each container provided the location of the containers can be inspected to a degree that reasonably assures the SPGA that breakage or leakage can be detected by the inspection. For Zoning Inquires,Please call Ext. (i) There is no other accessory dwelling unit in the dwelling. (g) The offices within a single building for not more than three medical doctors, subject to the following conditions: (i) the Board of Appeals determines that there is a need in the Town for such offices within a single building, that there is no reasonably available and suitable office space for such doctors within a single building, or land for such a building, in a district other than a Residence District, and that there is adequate and safe off-street parking for doctors and their staffs and patients; (ii) there is no display or advertising except for a small professional sign for each doctor not over one square foot in area; (iii) no more than one building with offices for more than one doctor shall be permitted in the Residence Districts; and (iv) site plan approval is required as provided for in Section 6.5 (Site Plan Approval). FT.) WIDTH SETBACK SETBACK SETBACK, District A 22,500 150 ft. 125 ft. 30 ft. 20 ft. 40 ft. District B 15,000 75 ft 60 ft. 20 ft. 15 ft. 20 ft. District C 45,000 150 ft. 125 ft. 30 ft. 20 ft. 40 ft. Res. Failure to comply with the Rental Housing Licensing requirements of the Town Code constitutes a municipal infraction, subject to fines and penalties set forth in the Town of Manchester Code. Stormwater Management will have minor changes bringing it into compliance with current State standards. (e)Remove all above-ground foundations and supports to a depth of one foot below existing grade. Loading. Final Inspection: After the stormwater management system has been constructed and before the surety has been released, the applicant must submit a record plan detailing the actual stormwater management system as installed. Accessory structures shall be set back from any street on which the lot has frontage at least the applicable minimum front setback for such lot plus ten (10) feet. The purpose of each easement shall be specified in the maintenance agreement signed by the property owner(s). 10.1.2 The purpose of the Flood Control District is to protect the public health and safety and property against the damages of flooding conditions caused by new development in areas with inadequate capacity of existing drainage systems, brook channels, and street culverts to accept storm runoff from the areas drained. 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. 9.4.8 Provision of Affordable Housing Units Off-Site, As an alternative to the requirements of Section 9.4.5.1(a), an applicant subject to the, Bylaw may develop, construct or otherwise provide affordable units equivalent to those, required by Section 9.4.5 off-site. Right of first refusal to purchase The purchaser of an affordable housing unit. Ordinances/Zoning & Planning Missy 2021-02-25T19:59:07-05:00. 3. As a condition of the granting of special permits for any uses requiring a special permit under this section, the Planning Board shall require that construction and site alteration permitted and specified by said special permit be secured by one, or in part by one and in part by the other, of the following methods, which method may be selected and from time to time varied by the applicant upon receiving written approval from the Planning Board: 6.9.7.1 By a proper bond or deposit of money or negotiable securities sufficient in the opinion of the Planning Board to secure performance of the construction of buildings, parking areas and appurtenances thereto required for completion of the project as noted in the special permit and shown on any accompanying plans. Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; iii. (b)Educational signs providing information about the LGSPI and the benefits of renewable energy. Stormwater management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates. Manchester Town Hall. The Planning Board is proposing several changes to zoning at the April Town Meeting. (c) Adequately distributed throughout the parcel and accessible to all residential lots without crossing through private property. (h) Wind energy conversion systems (windmills). Housing Code Enforcement. 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. c.111, 17; M.G.L. Applications shall be accompanied by at least seven (7) prints of the plans of the proposal. objectives for the development of affordable housing in compliance with the Manchester-by-the-Seas Comprehensive Plan, G.L. DISTRICT BY STRUCTURES MAXIMUM % LOT, COVERAGE BY STRUCTURES AND. 3. 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. The Planning Board may require, prior to accepting land as satisfaction of the requirements of this Bylaw, that the applicant submit appraisals of the land in question, as well as other data relevant to the determination of equivalent value; (d) For non-rental affordable housing units, a cash payment to the Affordable Housing Trust Fund may be made subject to Section 9.4.11 of this Bylaw. To protect groundwater and surface water from degradation; 4. Pursuant to the site plan review process, the project proponent shall provide the following documents: i. (4) Disturb more than 10% of the Setback Area. The term "building" shall be construed where applicable as if followed by the words "or portion thereof". A. No products shall be displayed in the facilities windows or be visible from anystreet or parking lot. Lighting of an LGSPI shall be consistent with local, state and federal law. (b) Post-testing. flat) and shall not be electronic or lighted. Stormwater management plan: A plan required as part of the application for a Stormwater Management Permit. G. Project Completion. When the state places into effect the Snow Emergency Plan, PARKING is PROHIBITED on all streets including Route 30. In reviewing an application under this Bylaw, the Planning Board shall rely, to the extent. These requirements are in addition to those described in Section 5.10 of the Zoning Bylaw. Residents are reminded that grass and weeds are NOT TO EXCEED 12 IN HEIGHT. 10.3.4.1 Determination of Location within Ground and Surface Water. 2. The Planning Boards findings, including the basis of such findings, shall be stated in the written decision of approval, conditional approval or denial of the application for special permit. 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. Projects shall meet the Standards of the Massachusetts Stormwater Management Policy, which are as follows: 1. The Planning Board may rely upon findings and recommendations of the Board of Health and the Conservation Commission. (g) Residential approval not required (ANR) land divisions and/or subdivisions pursuant to M.G.L. 15. Encourage a less sprawling and more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional subdivision. homeowners association) and placed under conservation restriction. Any additions made shall not increase the floor area or volume by more than 10% and shall meet all applicable setback requirements. 4.4.6 By Special Permit from the Planning Board, and limited to the land area west of Pine Street, a/k/a Pipe Line Road, laboratories and establishments devoted to scientific research and development; light manufacturing, assembly and processing of materials related thereto and incidental accessory uses. c. 66, and as such shall not bepart of the public record. c.40A, s.9. 10.2.4.1 Within any Zone where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Inspector for its reasonable utilization toward meeting the elevation or flood proofing requirements, as appropriate, of the State Building Code. Qualified affordable housing unit purchaser. Reasonable efforts, as determined by the SPAA, shall be made to place all utility connections from the LGSPI underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. upper boundary of the bank of a tributary or associated surface water body. 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. That portion of the Setback Area of a lot between the lines delimiting its minimum side building setbacks from its front exterior boundaries to the line delimiting its minimum front building setback, all as so prescribed, is the Central Front Setback Area; and the remaining portion of the Setback Area is the Side/Rear Setback Area. 5. 4.1.9 Accessory use on the same lot with and customarily incident to any of the above permitted uses, or to the uses permitted in accordance with the following section 4.1.10, and not detrimental to a residential neighborhood, including specifically the following: 4.1.9.1 As part of an existing garage, stable or other existing structure approved by special permit of the Board of Appeals, family living quarters for and to be occupied only by an employee of the owner occupant of the dwelling while such garage, stable or other existing structure, approved by the Board of Appeals, is an accessory use. 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. 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. Notwithstanding the provisions of 310 CMR 7.10, the Planning Board may impose any reasonable limitation on noise generated by the WECF. Mean pre-construction grade is defined as a reference plane representing the average elevation of pre-construction ground adjoining the building at all exterior walls. The as-built drawing shall show deviations from the approved plans, if any, and be certified by a Registered Professional Engineer. The sq. There are also several items to consider when erecting a fence: No owner of a dog, whether licensed or unlicensed, shall permit such dog to run at large off the premises of the owner except when it is under the control of the owner or the authorized agent of the owner by leash, cord, or chain. Zoning and Land Use The location(s) of existing and proposed easements. (l) Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. 4.3.11.3 The dwelling and to the extent appropriate any accessory building shall connect with a municipal sanitary sewer; 4.3.11.4 The density shall not exceed the rate of 15 dwelling units per acre of lot except for a dwelling constructed or enlarged on a lot of less than 12,000 square feet existing on January 25, 1974; 4.3.11.5 Such other conditions and restrictions as the Planning Board may prescribe in the interest of the Town in carrying out the purposes of this By-Law. The permit process consists of three steps: See calendar of events for yard waste and tree limb collection dates. properties and associated views and vistas; 5. 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. 4.3.11.2 No living quarters shall be located so that the floor elevation is more, than 36 inches below the finished exterior grade. 6.4.2 A real estate sign not over 6 square feet in area advertising for sale or rent the property on which it is placed is permitted in any district. 4.1.7 The office of a doctor, dentist or other member of a recognized profession provided there is no display or advertising except for a small professional sign not over one square foot in area. 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. (c)Stabilize or re-vegetate the site as necessary to minimize erosion. The provisions of this By-Law shall be construed as being additional to and not as annulling, limiting or lessening to any extent whatsoever the requirements of any other By-Law, rule or regulation, provided that, unless specifically exempted, where this By-Law is more stringent it shall control. District D 6,000 60 ft. 50 ft 10ft. Each containment system shall be able to contain 150% of the contents of all storage containers above the containment system. Plans subject to Special Permit approval under this Section 6.16 shall be prepared by a Registered Architect, Landscape Architect, or Professional Engineer. Under the American Rescue Plan Act of 2021, Connecticut has been In addition, a dwelling having not more than two dwelling units is permitted, except as is provided in Sections 4.2.2 and 4.2.3. ], [ THE CURRENT LANGUAGE REGULATIONG ADMINISTRATION FOLLOWS AND IS ALSO SHOWN ADJACENT TO THE NEW SECTION 12 FOR EASY COMPARISON. Any tools or equipment necessary to accomplish same shall be available in case of a release. (b) The single family dwelling shall have existed on the lot as of March l, 1984. 4.3.9 Accessory use on the same lot with and customarily incident to a use permitted by this Section 4.3, including off-street parking provided in accordance with Section 6.2 (Off-Street Parking and Driveway/Curb Cut Regulations). The pool, decking (wood, vinyl, concrete, etc), pool filter and pump must be a minimum of ten (10) feet from any side or rear property line. c. 41, 81L, 81P, 81S, and 81U, or residential development on lots less than 80,000 square feet of land area containing at least 200 feet of lot width and 150 feet of lot frontage. The owner and operator shall be responsible for the cost of maintaining the LGSPI and any access road(s), unless accepted as a public way. (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. consider the following criteria in making its decision: 1. All requirements of this Bylaw that apply to on-site. (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. Please place at curb same day as regular trash pick up (Wednesday). 1. Such a use will be permitted only if the following conditions, in addition to the requirements specified in Sections 6.9 and 7.5 of the Zoning By-Law are met: (a) The applicant shall prove to the satisfaction of the Planning Board, based in part on the advice of the Conservation Commission, the Board of Health, and the Department of Public Works, that such use and facilities will not adversely affect the environment or public health. 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. Thereafter, the members of the association shall share the cost of maintaining the open space. It is presumed that this standard is met when: a. suitable nonstructural practices for source control and pollution prevention are implemented;b. stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and. [Added 1987], 6.10 Blank [Water Resource Protection District Heading Deleted 2021], 6.11 Blank [Development Scheduling; Sewer Connection Limitation Deleted 2021], 6.12 Blank [Division of Land and Development of Multiple Dwellings Deleted 2021], 6.13[SB1] Blank [Residential Conservation Cluster Renumbered to 9.2], 6.14 Blan,k [Inclusionary Housing Renumbered to 9.4]. Applicants shall also include a statement indicating the proposed use and ownership of the open space as permitted by this Bylaw. [Revised 2012]. Therefore, this email communication may be subject to public disclosure.******. (1) It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Ordinance or to alter or tamper with such Ordinance in any manner whatsoever which will cause the law of the Town of Manchester to be misrepresented thereby. All means of shutting down the LGSPI shall be clearly marked. 4. Note: Carroll County dog licenses are now being sold at the Manchester Town Office. Marijuana Businesses may be allowed by Special Permit inthe Limited Commercial Zoning District, subject to all requirements of thisZoning By-Law, the requirements of the Board of Health, and applicable state laws and regulations. Police Department. Impervious surface: Any material or structure on or above the ground that prevents water infiltrating the underlying soil. A specific authorized use within this Zoning By-Law that may be granted upon application to the designated special permit granting authority. 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. Upon request, the permit holder shall provide evidence to the Building Inspector demonstrating continued use of the WECF or Met Tower. No part of any private parking area shall be located within a required front yard as noted in Section 5.4, Minimum Front Setback, except that no part of any private parking area shall be located within fifty (50') feet of any street within the Limited Commercial District and, within the Limited Commercial District only, no part of any private parking area shall be located within two hundred (200') feet of the state layout of Route 128, nor shall any private parking area be located within (5') feet of any property line except that where a lot has frontage on more than one street, thus establishing more than one front yard, the Planning Board may, as part of the Site Plan Review process, designate one front yard as the primary front yard and then reduce the front yard setback requirements for parking on non-primary front yards. A special permit shall be granted only if the permit-granting authority finds that it is consistent with the purposes outlined in Section 6.9.1 of this By-Law. (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. Schedule of fees in lieu of payments. Special Permits shall be valid for a period of two (2) years from the effective date of the special permit. In the forty-two years since this reorganization, over 80 changes have been made ranging from adding and changing definitions, dimensional requirements, and uses, to adding entirely new sections to allow, prohibit or condition new development. 2. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of Marijuana. Where appropriate, reasonable access shall be provided to shorelines. 7.5.2 No special permit shall be granted unless the applicable special permit granting authority finds the proposed uses in harmony with the purpose and intent of this By-Law and will not be detrimental or injurious to the neighborhood in which it is to take place and that all requirements or conditions for the grant of the special permit have been satisfied. Events for yard waste and tree limb collection dates, RMD refers to the extent the value of land... Approval not required ( ANR ) land divisions and/or subdivisions pursuant to.. As part of the association shall share the cost of maintaining the open space hazardous waste that are to. Flat ) and shall meet all applicable Setback requirements of a tributary or associated surface water Overlay. Be visible from anystreet or parking lot up ( Wednesday ) tributary or associated surface water from degradation 4. 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