(l) Facilities that generate, treat, store or dispose of hazardous waste that are subject to M.G.L. Impervious surface includes (without limitation) roads, paved parking lots, sidewalks, and rooftops. The following uses are hereby regulated: 10.1.3.1 Dumping, filling, or placing of soil or other substance as landfill or surfacing the land with any type of impervious materials; excavation, dredging, or removing of natural resource deposits. 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. Principal among these is a Smart Growth Overlay District: a strategy for guiding development in the Limited Commercial District consistent with the Towns goals. (3) obtain a financial surety to cover the costs of (a) the remediation of damage to the landscape which occurs during the clearing of the site, and (b) the removal of the facilities and the remediation of the landscape, should the facility cease to operate, as provided in section 4.10.5 below; and. A maintenance schedule for the period of construction, and. Allow for greater flexibility and creativity in the design of residential developments. 6.4.1 No flashing or animated signs shall be permitted in any district. An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). c. 40B sec. 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. Prior to the submission of an application for a special permit under this By-Law, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed WECF in general terms and to clarify the filing requirements. a. Stormwater management easements shall be provided by the property owner(s) as necessary for: (i). 7.5 of the Manchester-by-the-Sea Zoning By-Law, and M.G.L. Appropriate stormwater management controls shall be in place and operative throughout the construction phase of the project. 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. This includes fire pits or barrels that are not enclosed. 9. 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. A structure having a roof (including an awning or similar covering) adapted to permanent or continuous occupancy for assembly, business, education, industrial, institutional, residential or storage purposes. Zoning and Land Use Site Plan Approval Authority (SPAA): The site plan review authority as designated by the Zoning By-law. If the inspection finds the system to be adequate, the Planning Board shall issue a Certificate of Completion. The department provides policy analysis, administrative support, project management, and technical expertise to public and private groups and individuals. Advertising and other signs shall be permitted only as expressly provided in Sections 4.1.7, 4.1.8 and this Section 6.4. (e) To insure that all accessory dwelling units that are created will comply with the building codes and health, safety and fire regulations. Shed may be located in the side yard, provided they adhere to all minimum front and side yard setback requirements. 6.7.2.1 The minimum size of a parcel to be considered for development shall be ten (10) acres in the Single Residence District A and twenty (20) acres in the Single Residence District C and Single Residence District E. 6.7.2.2 Prior to or included with an application for a Special Permit the applicant shall submit to the Planning Board such plans, studies and data sufficient to enable the Planning Board to make a determination as to the number of lots which could be created on said parcel without a Special Permit. 3. 4. (e)Remove all above-ground foundations and supports to a depth of one foot below existing grade. Failure by the Planning Board to act within thirty (30) days after receipt of an application shall be deemed to be approval. 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. For Zoning Inquires,Please call Ext. 4.3.7 Greenhouse and nursery uses for horticultural or floricultural purposes. 4. Co-applicants shall include the landowner of the subject property and the operator of the WECF. d) Within thirty (30) days of the date of application for the special permit, the applicant shall provide a balloon or crane test at the proposed site, or alternate test approved by the Planning Board, to demonstrate the height of the proposed WECF. c. 66, and as such shall not bepart of the public record. (d) Reporting of Spills: Any spill of a Regulated Substance in excess of the non-aggregate quantity thresholds shall be reported by telephone to the Manchester-by-the-Sea Fire Department and the Department of Public Works within one (1) hour of discovery of the spill. 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). 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. b) Lighting of equipment structures and any other facilities on site (except lighting required by said authority) shall be shielded from abutting properties. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. Penalties for violating this ordinance are $50.00 for a first offense and $100.00 for each repeat offense. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout. (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. All references to elevations should be to NGVD (National Geodetic Vertical Datum). 8.3.5 General Requirements and Conditions. Decorative Fences may be located in any yard or setback area. 1. 6.7.7 Recording of Restrictive Agreement: 6.7.7.1 No building or structure shall be erected pursuant to any Special Permit to this Section 6.7 until and unless the restrictive agreement provided for in Section 6.7.3.1 shall have been duly recorded in the Registry of Deeds. (c) Off-street parking for at least four (4) vehicles shall be provided in a manner consistent with the character of a single family dwelling. Manchester Town Hall. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. 94G, and any regulations promulgated thereunder. 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. The degree to which other site-specific attributes or site-specific concerns are not. 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. Chapter 40A, Section 9, provided the conditions listed below are met. Authority, Adoption & Applicability, 2. 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. 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. We will provide you the secure enterprise solutions with integrated backend systems. Entry. 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. (d)Reinstate gravel or ground cover consistent with the surrounding landscape. This setback may be eliminated where the proposed development abuts existing. Further the goals and policies of the Manchester-by-the-Sea Comprehensive Plan, as revised. The degree to which stormwater runoff and erosion will not be minimized by a RCC. 11.2.7.1 The applicant shall maintain the WECF in good 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. C. Other Boards. 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. 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. A Special Permit may be renewed for successive two (2) year periods provided that a written request for renewal is made to the SpecialPermit Granting Authority not less than three (3) months prior to the expiration of the then-existing term. The frontage of a lot is the unbroken distance measured along the street line perimeter of the lot (also referred to as street frontage) and constitutes all or a portion of the front lot line which runs between one side line of the lot to the other side line. If the Planning Board determines that the proposed location is suitable for an RCC Development, any further subdivision of the land into six or more lots shall be accomplished only through the provisions of this Bylaw. 4.1.8 Customary home occupations including home-cooking, dressmaking, millinery, hairdressing, and other similar occupations, by a person resident on the premises, provided there is no visible display of goods from the street and no exterior advertising, except an announcement sign of not more than two square feet in area, and provided such occupation shall not be carried on in an accessory building. c.83, 6-7, and any regulations promulgated thereunder. Any use otherwise permitted in the underlying district is permitted as a matter of right in the Flood Plain District, provided the use meets the following additional requirements and those of the Massachusetts State Building Code dealing with construction in flood plains and coastal high hazard areas as applicable. SECTION 2. The Special Permit Granting Authority shall not act upon said special permit until either comments from referred board or agencies have been received, or said thirty-five (35) days have elapsed, whichever is sooner. Rotor: The blades and hub of the wind turbine that rotate during turbine operation. The applicant shall provide funds to the Planning Board to pay for the technical review by the Planning Board's choice of consultant(s) of said hydrogeologic and hydrologic information and the Planning Board shall base its decision, in part, on the report by said consultant(s). 10. Trail connections should be provided where appropriate. The marketing plan must describe how the applicant will accommodate local preference requirements, if any, established by the Board of Selectmen, in a manner that complies with the nondiscrimination in tenant or buyer selection guidelines of the Local Initiative Program. In the case of a lot abutting on more than one street, the minimum front setback shall be applicable to each street. 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. c.94I and G.L. 4.1.5 The taking of boarders or the leasing of rooms for not more than four (4) persons by a family residing on the premises with common cooking and living facilities, providing there is no sign or display to advertise such use. Starting or Expanding a Business in Manchester Zoning Enforcement 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 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. 1. The Planning Board shall determine the filing fee for Applications for which a fee is not otherwise provided or specified, which filing fee in its discretion the Board may waive or reduce in any particular matter when appropriate. streams, marshes, historic sites, unique geological and botanical areas or features, trails, paths and open-space links, specimen trees, wildlife habitat and contiguous forested areas, and preserve natural vegetative buffer zones abutting neighboring parcels. Expenses incurred by the Planning Board in connection with site plan review, including the reasonable fees and expenses of any consultants retained by the Planning Board, shall be borne by the applicants for site plan approval. 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. Signs for all Marijuana Businesses shall, at a minimum, complywith Section 6.4 of the Zoning By-Law, the provisions of 105 CMR 725.105(L) ("Marketing and Advertising Requirements"), the provisions of 935 CMR 500 et seq., and the terms and conditions of thespecia1 permit issued pursuant to Section 6.19, et seq. Anyone violating the provisions of Section #233-1 may be found guilty of a municipal infraction and may be fined $100 for the initial offense and $200 for each subsequent offense. A plot plan of your project is required and a fee will be assessed. The Planning Board shall determine the minimum lot dimensions and set backs appropriate to the use proposed. 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. 2. Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that disturb the ground surface or increase the impervious area on previously developed sites. Except for shed dormers, individual dormers are not considered to be an increase in volume. c. 40A, s. 9; with the requirements of Section 7.5 et seq. The site plan shall also show all contiguous land owned by the applicant or by the owner of the property. 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. Minimum design and construction standards for affordable units Affordable, housing units within market rate developments shall be integrated with the rest of, the development and shall be compatible in design, appearance, construction and.

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