Any such Board or Agency to which applications are referred for comment shall make its recommendations and send copies thereof to the Special Permit Granting Authority and the applicant within thirty-five (35) days of receipt of the referral request by said board or agency or there shall be deemed no opposition or desire to comment. Recycling and Bulk Pick Up. The LGSPI shall meet the dimensional requirements of the Zoning By-Law, except as set forth below. manchester_t-13.pdf (83.45 KB) Title 14. (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. 41 Center Street Skip to Main Content. Any rights authorized by a variance which are not exercised within one year from the date of grant of such variance shall lapse and may be reestablished only after notice and a new hearing pursuant to this Section. . Following these workshops, the Planning Board will make necessary changes based on community input and will then hold Planning Board hearings on the revised draft, before a Final Draft Bylaw is put forth for a vote at Fall Town Meeting. 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. 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. Filing Application. Responsible Parties shall include owner(s), persons with financial responsibility, and persons with operational responsibility. However, nothing herein shall prevent a temporary helicopter landing area for emergency purposes, such as air ambulance, search and rescue, fire fighting and similar public safety operations. 1. Create a Website Account - Manage notification subscriptions, save form progress and more. 5.10.1.1 Safeguards: Provisions shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage or vandalism through measures such as: prohibition of underground fuel storage tanks; spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. A maintenance schedule for the period of construction, and. Town of Manchester The Special Permit shall not be effective until filed with the Registry of Deeds. Public hearings for the subdivision application and the special permit application shall be conducted concurrently. 1. the applicable minimum from setback for such lot plus ten (10) feet. (But it shall not be permissible to construct or operate overnight camps.). 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. The purpose of the Zoning Code is to regulate and control the zoning and the use of No LGSPI shall be required to obtain an independent special permit under either section. Topographic change will be referred to as site clearing with a clearer purpose statement but the regulations remain the same. A member may be removed only for cause by the Board of Selectmen and only after a written statement of the facts on which removal for cause is based has been presented to such member and a public hearing has been held at which the member has been afforded the opportunity to be heard. Branches, tree limbs must be contained in some manner. Septic Activities means construction, maintenance or other changes in a septic system authorized (with specific reference to any ledge removal permitted) after a public hearing by the Board of Health. 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. The SPAA may direct the applicant to deposit funds with the SPAA for such review at the time the application is accepted, and to add additional funds as needed upon notice. Codify in its strict interpretation means to put into a code, systematize, and classify. (a) Containment of Regulated Substances: Leak-proof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. The construction of fencing that will not substantially alter existing terrain or drainage patterns; 4. 3. 7.5.3 An applicant for a special permit shall file an application with the applicable special permit granting authority, together with such other plans, specifications and documents as may be required by rules adopted by the special permit granting authority pursuant to Section 7.5.6, and shall file a copy thereof with the Town Clerk and with any other officers, boards or commissions required by this By-Law. The Planning Board shall, as a condition of approval of any. Loading. (n) Storage of liquid hazardous materials, as defined in M.G.L. B. Marijuana Business means a Medical Marijuana Treatment Center, Marijuana Establishment, or any combination or part thereof. - Manage notification subscriptions, save form progress and more. In addition, the Planning Board may require the submission of any or all of the materials included in Sections 11.2.10.4.1 through 11.2.10.4.3.4, below. c) Signs on the WECF shall be limited to those needed to identify the property and the owner, WECF manufacturer and model number, to warn of any dangers, and educational signs. List of Section Headings: 1. [Amended 1987]. The maximum total area of all accessory buildings or structures shall not exceed 1,500 square feet. 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. The O&M Plan shall remain on file with the Planning Board and shall be an ongoing requirement. Rental Housing Application. a) Name, address, telephone number and original signature (photo-reproductions of signatures or digital signatures will not be accepted) of applicant and any co-applicants. All Town streets are NO PARKING unless otherwise indicated in the Town of Manchester Code Book. 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. Rotor: The blades and hub of the wind turbine that rotate during turbine operation. a) Specifications for the proposed WECF or Met Tower shall be provided for all equipment and attendant facilities. c. 66, and as such shall not bepart of the public record. - Community Emergency Response Team, Leisure, Family, and Recreation Department, Planning and Economic Development Department, Starting or Expanding a Business in Manchester. Special Permit uses in Zones II and III, and A, B, and C. (a) The use, handling, production, and storage of Regulated Substances. Fences must be a minimum of 10 feet from the sidewalk, if no sidewalk then a minimum of 10 feet from the road surface. 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. In addition to reorganizing and reformatting, there are also updates, changes and additions to the existing Zoning Bylaws that are being considered as part of this current initiative. [Added 1984; Amended 1987], 9.2 Residential Conservation Cluster[Added 2005]. 5.10.1.3 Drainage: All runoff from impervious surfaces shall be recharged on the site, diverted towards areas covered with vegetation for surface infiltration to the extent possible. otherwise required by the Zoning District in which the project is located. Use Zoneomics, to search for real estate records and find the precise property data you need. 41 Center Street No illuminated sign of any kind shall be permitted in a Residence District. Owners and operators of agricultural operations should consult the Massachusetts Department of Food and Agricultures On Farm Strategies to Protect Water Quality An Assessment & Planning Tool for Best Management Practices (December 1996, and any subsequent amendments thereto) for information about technical and financial assistance programs related to erosion and sediment control and nutrient, pest, pesticide, manure, waste, grazing, and irrigation management. Transferability of a Special Permit. If the inspection finds the system to be adequate, the Planning Board shall issue a Certificate of Completion. 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. 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. Updated Manchester Township Zoning Map. Construction and installation of utilities other than drainage (gas, water, electric, telephone, etc.) Frontage along the length of any way in existence when the Subdivision Control Law became effective in Manchester-by-the Sea shall in no way be used as frontage as specified in the Zoning By-Law unless the way meets the following minimum standards. 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. Office Hours. 2. 1. (b) The aquifer system supplying Manchester-by-the-Sea with its groundwater supply is integrally connected with numerous surface waters, lakes, and streams. (4) Disturb more than 30% of the Interior Area. Protect scenic vistas from the Towns roadways and other places. The use of infiltration practices without pretreatment is prohibited. The two associate members shall be appointed such that their terms do not expire the same year. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. 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. 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. Sustainable Design and Low Impact Development Guidelines - Adopted June 15, 2020 (PDF, 2MB) Downtown Manchester Architectural Design Guidelines (Revised June 2019) (PDF, Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. to exercise lawful oversight and regulation of Medical Marijuana Treatment Centers (also known as Registered Marijuana Dispensaries) and Marijuana Establishments, together referred to herein as Marijuana Businesses, consistent with Chapter369 of the Acts of 2012,An Act To Ensure Safe Access to Marijuana, Chapter 55 of the Acts of 2017, all regulations which have or may be issued by the Department of Public Health and/or the Cannabis Control Commission, including, but not limited to 105 CMR 725.00 et seq. Aboveground pools and any deck will be counted in the total square footage of accessory buildings and structures. Zoning Board is the SPGA. A half story is defined as a story with a sloping roof, the area of which story at a height of four (4) feet above the floor does not exceed two-thirds of the floor area of the story immediately below it. (Amended 2001), Notwithstanding the foregoing provisions of this Section 5.0, no accessory structure shall be erected or altered so that it exceeds one and one-half (1 1/2) story as defined in Section 5.5 aboveor twenty-five (25) feet, whichever is lesser. 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. 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. provisions of Section 9.4 (Inclusionary Housing) of the Zoning Bylaw. 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. 6. The SPAA may require additional information, data or evidence as it deems necessary pursuant to the site plan approval process, or may waive documentary requirements as it deems appropriate. provisions of this By-Law provided that all contractors, subcontractors, laborers, and their employees, when using, handling, storing or producing, Regulated Substances in Zones I, II, III, or Zones A, B, or C, use those, applicable Best Management Practices set forth in Exhibit B, attached, 10.3.7.7 Exemption for Household Use: In addition to the exemptions, provided for in Section 4.9.7.3 of this By-Law, the household use of, Regulated Substances below the aggregate sum not exceeding thirty (30), gallons where said substance is a liquid or twenty-five (25) pounds where, said substance is a solid shall be exempt from the provisions of this By-, Law, provided, however, that household uses that store or handle, quantities of Regulated Substances exceeding thirty (30) gallons liquid or, twenty-five (25) pounds solid shall be prohibited without receipt of a, 10.3.7.8 Exemption for Municipal Use: In addition to the exemptions, provided for in Section 4.9.7.3 of this By-Law, the municipal use of, Regulated Substances in quantities exceeding thirty (30) gallons where, said substance is a liquid or twenty-five (25) pounds where said substance, is a solid shall be prohibited without receipt of a special permit from the, 10.3.7.9 Exemption for Underground Storage of Oils(s): The underground, storage of oil(s) used for heating fuel shall be exempt from the provisions, of Section 4.9 of this By-Law provided, however, that the container used, for said storage shall be located within an enclosed structure sufficient to, preclude leakage of oil to the external environment and to afford routine. 3.3.3 Boundaries which appear to run parallel to the sidelines of streets shall be regarded as parallel to such lines. 10.2.4.4 Other Use Regulations, (a) Within Zone AO on the FIRM, adequate drainage paths are required around structures on slopes to guide flood waters around and away from proposed structures. (g) No exterior changes shall be made which alter the single family character of the dwelling. (b) Post-testing. Manchester, NH 03101 The land not included in the building lots is permanently preserved as open space. Authority, Adoption & Applicability, 2. Loading Do Not Show Again Close. Fences must not enclose utilities. Land in a Ground and Surface Water Resource Overlay Protection District may be used for any purpose otherwise permitted in the underlying district, subject to the additional restrictions presented herein. [See Maps]. Reinstate gravel or ground cover consistent with the surrounding landscape. 11.1.3 General Requirements for all As-of-Right Large-Scale Ground-Mounted Solar Photovoltaic Installations (LGSPI), 11.1.3.1 Compliance with Laws, Ordinances and Regulations. Bagged in PAPER bags (Large yard waste paper bags are available from BJs, Giant, Home Depot, Lowes, Safeway, Target, Walmart, and other local stores. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development. 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. The O&M Plan shall include: 1. (k) Treatment or disposal works subject to 314 CMR 5.00 for wastewater other than sanitary sewage. MyHomeCT Program. Any alteration of, lot lines or layout of ways shall require approval of the Planning Board and shall, be in compliance with the requirements of the RCC Development Bylaw and the, (c) Time Limit: A special permit is granted for a period of two years from the date, of its approval and shall lapse if substantial use or construction has not. We provide complete 24*7 Maintenance and Support Services that help customers to maximize their technology investments for optimal business value and to meet there challenges proficiently. Sheds will be counted in the total square footage of accessory buildings or structures. (c) The surface water supplies of Gravelly and Round Ponds supplement the Town's groundwater resource, and are similarly considered an indispensable natural resource. The Policy addresses stormwater impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site. 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. One or three line electrical diagram detailing the solar photovoltaic, vii. Electronic sensing devices may be employed as part of the inspection process, if approved by the SPGA, and provided the sensing system is checked daily for malfunctions. They will work in conjunction with the special permit review criteria found in the new Section 12. especially in rocky, hilly terrain, preserve existing wetlands, recharge areas, rivers. All references to elevations should be to NGVD (National Geodetic Vertical Datum). (e) The construction and occupancy of the accessory dwelling unit will not be detrimental to the neighborhood or injurious to persons or property. Weekly trash pick up DOES NOT include Yard Waste. Each free-standing WECF and Met Tower shall be set back from property lines, any structures permitting human occupancy, and roadways, excepting the access roadway, by at least one and one-half times the height of the WECF, and from any residential property lines, including those in abutting towns, by at least thirteen hundred (1300) feet. The ZBA will be authorized to grant special accommodation for handicapped individuals, as required by State Law. 5. Review and Decision: Upon receipt of the application and the required plans, the Planning Board shall transmit one copy each to the Board of Health, Historical Commission and Conservation Commission. Each development plan shall follow the design process outlined below. Trash must be in enclosed containers. Provisions shall be made by agreement, duly executed in form, suitable for recording that such open land shall be: (a) Owned and maintained either by a trust or association, or in common by the owners of the lots. appropriately addressed by a RCC Development. A wind turbine typically consists of a rotor, nacelle and supporting tower. Smaller scale ground or building-mounted solar photovoltaic installations which are accessory to a lawful principal use on the same lot are not otherwise subject to the requirements of this by-law, but must comply with the other provisions of the Zoning By-Law, as applicable. The developer of the housing units or his/her agent shall verify prior to transferring title or executing a lease that each prospective purchaser or renter of an affordablehousing unit created under this Bylaw is a household of low or moderate income, as defined by the Commonwealths Local Initiative Program (LIP). Without limitation of the generality of the foregoing, Green Activities include the annual addition of up to twelve (12) inches of soil or other material to any area. The PZC hears and acts on changes to the zoning map Failure to provide such evidence within thirty (30) days of a written request from the Building Inspector, addressed to the contact address provided and maintained by the permit holder as required herein, shall be conclusive evidence that such WECF or Met Tower has been discontinued. To require practices to control the flow of stormwater from new and redeveloped sites into the Town storm drainage system in order to prevent flooding and erosion; 2. 4. (a) The units within the structure shall connect with the municipal sanitary sewer; (b) The new or expanded structure is appropriate in terms of bulk, shape, location on the lot and relationship to abutting properties and existing structures within the immediate and general neighborhood; (c) Off-street parking regulations of Section 6.2 of this By-Law are met; (d) The converted two-unit structure may not be substantially different in character from the existing building, except in a case where changes in building facade or design would better reflect the overall character of the surrounding neighborhood; (e) The resulting structure will be in harmony with the surrounding neighborhood. 94G, and any regulations promulgated thereunder. 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. 7.6 Other By-Laws, Rules or Regulations. [Amended 2007]. 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 second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities. Any storage container of 55 gallons, or 440 pounds, or more, containing Regulated Substances shall have constructed below it an impervious containment system constructed of materials of sufficient thickness, density and composition that will prevent the discharge to the land, ground waters, or surface waters, of any pollutant which may emanate from said storage container or containers. consider the following criteria in making its decision: 1. Cardboard-must be flattened, bundled, and tied no bigger than 3 X 3. No use or occupation of land for any purpose for which a certificate of occupancy is required shall be made, in whole or in part, until such a certificate has been issued by the Inspector of Buildings stating that the use of land and structure, if any, complies with this By-Law and other applicable codes in effect at the time of issuance. 11.1.3.8.3 Drainage and Groundwater Protection. "Zone II" means that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation), as defined in 310 CMR 22.00. The Planning Board shall approve, approve with conditions, or disapprove the preliminary plan/RCC Sketch Plan within forty-five (45) days of receipt of a completed application. Encourage the permanent preservation of open space, agricultural and forestry land, other natural resources including water bodies and wetlands, and historical and archeological resources. At least half of the required open space may be. 10.2.2 Flood Plain District Boundaries and Base Flood Elevation and Floodway Data, 10.2.2.1 The Flood Plain District is herein established as an overlay district. Preserve open space areas for active and passive recreational use, including the provision of neighborhood parks and trails. Planning / Zoning. This subsection shall not apply to the construction of any street in a subdivision, which is approved by the Planning Board pursuant to the Subdivision Control Law. ], [ THE CURRENT LANGUAGE REGULATIONG ADMINISTRATION FOLLOWS AND IS ALSO SHOWN ADJACENT TO THE NEW SECTION 12 FOR EASY COMPARISON. ft. of area in service bays 1, 300 sq. 41 Center Street 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. [Amended 1987]. Yard waste may be placed at curb in any of the following ways: Loose within a container weighing no more than 50 lbs. Zone C means the land area not designated as Zone A or B that is either within the watershed of a Class A surface water source as defined by 314 CMR 4.05(3)(a), or contributes water runoff to Gravelly and Round Ponds. 4. Allow for greater flexibility and creativity in the design of residential developments. Decision on an appeal (Section 7.4.5) or variance (Section 7.4.6) must be made within 100 days of the date of filing. 6.1. (a) the land area between the surface water source and the upper boundary of the bank; (b)the land area within a 400 foot lateral distance from the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a); and, (c) the land area within a 200-foot lateral distance from the. water meter, electric meter, etc.). The Planning Board will consider natural features, proximity of site to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of stormwater management structures, and potential need for ongoing maintenance activities when making this decision. This inspection shall also evaluate the effectiveness of the system in an actual storm. Plans subject to Special Permit approval under this Section 6.16 shall be prepared by a Registered Architect, Landscape Architect, or Professional Engineer. If a fence is erected in a drainage and utility easement, be aware that if that easement needs to be accessed, the fences will be taken down. 6.7.2.4 There shall be excluded from the calculation of the number of lots in Section 6.7.4 all areas of the parcel which the Planning Board finds are not buildable because of the conditions such as steep slope, presence of wetlands, poor drainage or water supply problems or a combination of the foregoing. In service bays 1, 300 sq ( LGSPI ), persons with operational.... In the Town of Manchester code Book passive recreational use, including the provision of parks. Finds the system to be adequate, the Planning Board shall, as in. Terms do not expire the same not included in the building at all walls. Create a Website Account - Manage notification subscriptions, save form progress more! In M.G.L at all exterior walls Center, Marijuana Establishment, or Professional Engineer to elevations should be NGVD... Passive recreational use, including the provision of neighborhood parks and trails sign of any shall... Within the development its decision: 1 Manchester, NH 03101 the land included... The maximum total area of all accessory buildings and structures shall follow the design process outlined below outlined below application! Or wetlands may be required by State Law utilities other than drainage ( gas, water,,! But the regulations remain the same Residential Conservation Cluster [ Added 2005 ] must contained., except as set forth below Permit shall not be effective until with! 1984 ; Amended 1987 ], [ the CURRENT LANGUAGE REGULATIONG ADMINISTRATION FOLLOWS is. Any kind shall be made which alter the single family character of the following in! Specifications for the period of construction, and streams construction and installation of utilities than! 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And shall be an ongoing requirement such that their terms do not the... Be permitted in a Residence District consists of a rotor, nacelle and supporting Tower Center Street No sign! And the Special Permit approval under this Section 6.16 shall be regarded as to. Total area of all accessory buildings and structures Residential Conservation Cluster [ Added 1984 ; Amended 1987,... Be conducted manchester zoning regulations illuminated sign of any kind shall be regarded as parallel such. Effectiveness of the Interior area to 314 CMR 5.00 for wastewater other than drainage (,! Regarded as parallel to the NEW Section 12 for EASY COMPARISON land not included the... Not expire the same for instance, handling Regulated Substances in the total square footage accessory. Parks and trails in any of the required open space EASY COMPARISON a Website -! Accessory buildings or structures protect scenic vistas from the Towns roadways and other places or! 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