Determination of whether the proposed location is not suitable for an RCC Development shall be based upon the opinion and judgment of the Planning Board, after consultation with its advisors and staff and may include the following criteria: 1. Subject to Chapter 241-15 of the Town of Manchester Code, no residential user of water shall use water for the purposes of watering or sprinkling lawns or for the filling of pools or ponds of any nature. Prior to any hearing on an application for a special permit pursuant to this section, the Board shall request the opinions of the Board of Health, the Planning Board, and the Conservation Commission with respect to the use for which this special permit is sought. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts. 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 making. The burden of proof shall rest upon the applicant for a special permit to demonstrate that the location is not within a delineated district. Setbacks: Provided that no objection to the contrary is raised by the Fire, Department, the Planning Board may reduce by up to one-half the setbacks, otherwise required by the Zoning Bylaw if the Board finds that such reduction will result in better design, improved protection of natural and scenic resources, and will otherwise comply with this Bylaw. 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. 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. 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. The Special Permit shall remain in effect until the conclusion of the public hearing and decision of the Special Permit Granting Authority eithergranting or denying the Special Permit renewal request. Open space may be in more than one parcel provided that the size, shape and. At the Planning Board's discretion within six (6) months of the cessation of use of any facility for use as a Personal Wireless Telecommunication Service Facility, the facility, all support buildings and/or structures, all foundations and pads and any other items installed under this Special Permit shall be removed by the owner/operator and the site shall be restored to a condition equal to or surpassing that which existed prior to construction. As an alternative to Section 9.4.5 (a) through (c), an applicant may contribute a cash payment to the Affordable Housing Trust Fund, to be used for the development of affordable housing by the Town or its designees, in lieu of constructing and offering affordable units within the locus of the proposed development or off-site. SECTION 2. Owner: A person with a legal or equitable interest in property. 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. b) Lighting of equipment structures and any other facilities on site (except lighting required by said authority) shall be shielded from abutting properties. 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. Printing, yacht yard or similar facility: Each 3 employees on duty during normal work period 1, Each company car or truck 1, All other uses: Parking spaces adequate to accommodate all normal demand as determined by the Building Inspector, with the advice of the Planning Board. 3. 8. Stormwater Management will have minor changes bringing it into compliance with current State standards. 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. 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. The updates, changes and additions are intended to create regulations that are easier to understand, provide greater guidance to permitting Boards, reduce redundancy and help align Zoning regulations with the goals and objectives of the Towns Master Plan. Applicants should refer to the Subdivision Rules and Regulations for provisions regarding preparation and submittal of plans. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. 6. Trash must be in enclosed containers. 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. All requirements of this Bylaw that apply to on-site. 6.2 Off-Street Parking and Driveway/Curb Cut Regulations. The O&M Plan shall remain on file with the Planning Board and shall be an ongoing requirement. (d) Designed to preserve natural features such as topography, vegetation, views, vistas, access to water courses and water bodies, and incorporate them into the total development scheme. Regulations Business Center Area Profile Inspections, Permits and Apps Ordinances and Regulations Sustainability Manchester Contact Us Departments Airport Departmental (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. 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. properties and associated views and vistas; 5. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. 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. Restoration of a nonconforming structure which has been damaged by fire, flood or other casualty or by vandalism may be made without conformance to the provisions of this By-Law or amendment hereto, provided that such restoration shall have commenced within six months of the date the damage was sustained and that such restoration continue through to completion as continuously and expeditiously as is reasonable, and provided that the structure as restored shall not exceed 100% of the floor area of the structure immediately prior to the damage unless the Board of Appeals grants a special permit therefor in accordance with Section 7.5 (Special Permits) after finding that such restoration is not substantially more detrimental or injurious to the neighborhood than the structure immediately prior to such damage. The maximum allowable purchase price or maximum allowable rent for affordable units created under this Bylaw shall comply with the regulations and guidelines of the Local Initiative Program (LIP). Although fences do not require a building permit, they do require a zoning certificate from the Town of Manchester. 10.3.4.1 Determination of Location within Ground and Surface Water. Advertising and other signs shall be permitted only as expressly provided in Sections 4.1.7, 4.1.8 and this Section 6.4. 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. 4. (4) provide for testing and monitoring of radio frequency emissions, as follows: (a) Pre-testing. [Added 1988], from the traveled portion or from the curb of any street or way open to public use in the Town of Manchester-by-the-Sea for the purpose of passing to or from abutting property nor cut any curbing for any purpose without applying for and receiving a permit from the Planning Board, under such conditions and restrictions as the Board shall determine to be necessary to protect public safety, to prevent erosion and sedimentation, to assure proper drainage and for related purposes. All sidewalks are required to be cleared of snow and ice within 10 hours after the snow has ceased falling. extension would derogate from the intent and purpose of this Bylaw. 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. Any new development, expansion, or change in use other than a single-family or two-family residence which would under the parking schedule "Off-Street Parking and Driveway/Curb Cut Regulations" of Section 6.2, require at least five (5) but less than ten (10) parking spaces, regardless of the number of parking spaces existing on the premises and irrespective of whatever the number of parking spaces created shall be reduced by action of the Board of Appeals or otherwise, shall be subject to Site Plan Review by the Planning Board (See Section 6.9 - Site Plan Review Special Permit). 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations, iii. 9. The maximum number of house lots compatible with good design shall abut the. Within the Limited Commercial District, Personal Wireless Telecommunication Service Facilities under 200 feet in height and less than 10 feet in diameter above 35 feet above the ground shall be exempt from Section 5.5 of the Manchester-by-the-Sea Zoning Bylaws. Please call BEFORE beginning any project. The lot identification shall include its Assessors Map and Lot numbers. c.184, Section 31, recorded at the Essex County Registry of Deeds or the Land Court, and shall be in force for as long a period as is lawful. Proposed streets have been aligned to provide vehicular access to each. 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). Trees in soil plots shall be so located as to provide visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation. Ordinance #17-025. The common driveway, at its intersection with the street, must provide a leveling off area with a slope no greater than 1% for the first 20 and a slope no greater than 5% for the next 30. The O&M Plan shall include: 1. As a condition of a grant of a special permit, the Zoning Board of Appeals may impose reasonable conditions on the construction or conversion of a two-dwelling structure, if in the Board's opinion, said conditions will ensure that the development is suitable and in compliance with the purpose of this By-Law. 6.4.3.3 One nonilluminated sign for each firm or enterprise located in a building, no larger than 2 feet by 6 feet, located at least 50 feet from any street. It is the express purpose of this Section to permit distributed generation, wind energy conversion facilities in the Limited Commercial District (LCD), while addressing any adverse visual, safety and environmental impacts of the facilities. 6.16.2(a) Definitions (for purposes of this Section 6.16): Each lot within the Single Residence Districts A, B, C, and E, and Residence District D, consists of two parts. This is a current, two year initiative aimed at increasing vibrancy and economic opportunity Downtown. Notwithstanding the foregoing, the resale price of an affordable unit shall in no event exceed that amount which will require a household earning 80% of the most recent area median income number, as published by the U.S. Department of Housing and Urban Development and adjusted for the household size that corresponds with the number of bedrooms in the affordable unit, to spend a maximum of 30% of the households annual income on housing costs. [Added 1982] (See 6.2.5), 5.4 Minimum Area and Dimensional Requirements. 2. The Board of Appeals may not grant a variance authorizing a use or activity not otherwise permitted in the district in which land or structure is located, except that this limitation shall not apply to land or structures located in the Limited Commercial District or General District. Clearing: Any activity that removes the vegetative surface cover. Blueprints or drawings of the solar photovoltaic installation signed by a, iv. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. Why: About three quarters of the properties in town do not fully comply with current zoning and are considered non-conforming. The Board of Appeals shall be governed by the procedural requirements of The Zoning Act and other applicable provisions of the General Laws. 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. A specific authorized use within this Zoning By-Law that may be granted upon application to the designated special permit granting authority. 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. Applicants shall also include a statement indicating the proposed use and ownership of the open space as permitted by this Bylaw. Monday through Wednesday 8:30 am to 5 pm Thursday 8:30 am to 6:30 pm (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. The purpose of the Zoning Code is to regulate and control the zoning and the use of 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. Including: i) Location of all roads, driveways and parking areas, public and private, on the subject property and on all adjacent properties within thirteen hundred (1300) feet including driveways proposed to serve the WECF; ii) All proposed changes to the existing property, including grading, vegetation removal or replacement and temporary or permanent roads and driveways; iii) Representations, dimensioned and to scale, of the proposed WECF, including power cable locations, parking areas and any other construction or development attendant to the WECF. NO loose trash bags are permitted to placed out for pick up. 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