Ordinance #17-024. Special Permits under this Section 6.16 shall be granted only if the Planning Board finds that it is consistent with the purpose and intent outlined in Section 6.16.1 of this By-Law and in conformance with this Section 6.16 generally and Section 7.5 of the Manchester-by-the-Sea Zoning By-Law and the requirements of MGL Chapter 40A, Section 9. 2. Approximate building sites have been identified and are not located closer than 100 feet to wetlands and waterbodies. ft. minimum area, 75 ft. minimum frontage. Alteration of drainage characteristics: Any activity on an area of land that changes the water quality, force, direction, timing or location of runoff flowing from the area. 2. Schedule of fees in lieu of payments. Parking areas shall be designed and located so that their use does not involve vehicles backing onto a public way or way utilized for public access. 2. Applicants for a special permit under this section shall file with the Zoning Board of Appeals thirteen (13) copies of written and graphic materials sufficient to describe the building appearance and position on the lot after construction, as well as location(s) for vehicular parking. The above requirement does not apply to such an extension, alteration, re-construction or structural change to a single family or two family residential structure that does not increase the nonconforming nature of that structure. No Special Permit shall be granted under the foregoing Section 6.7.1 unless the following conditions are met. Disapproval of the Stormwater Management Special Permit Application based upon a determination that the proposed plan, as submitted, does not meet the Standards in Section 6.15.7, Section 7.5 of this By-Law or adequately protect water resources, as required herein. (e) Unless preventive measures are adopted to control the discharge and storage of toxic and hazardous materials within the Town, further spills and discharges of such materials will predictably occur and with greater frequency and degree of hazard by reason of increasing land development, population and vehicular traffic within Manchester-by-the-Sea. Chapter 40A of the Massachusetts General Laws, as amended by Chapter 808 of the Acts of 1975, The Zoning Act, and any amendments thereafter. 4.2.1 The uses and accessory uses permitted in Residence District D shall be the same as those specified and defined in Section 4.1 for Single Residence Districts. 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. 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. Box 482 Manchester, Vermont 05254 Meetings. NO PLASTIC BAGS. No special permit shall be granted unless the special permit granting authority determines that the proposed use will not be detrimental to the surrounding neighborhood in light of each of the following factors: (a) Adequacy of the site in terms of size for the proposed use; (b) Suitability of the site for the proposed use; (c) Impact on traffic flow and safety; (d) Impact on neighborhood visual character, including views and vistas; (e) Adequacy of method of sewage disposal, source of water and drainage; (f) Adequacy of utilities and other public services; (g) Impact on public or private water supplies, wildlife habitats and other natural resource issues deemed appropriate by the special permit granting authority. The O&M Plan shall be designed to ensure that compliance with the Permit, this By-Law and the Massachusetts Surface Water Quality Standards, 314 CMR 4.00 are met in all seasons and throughout the life of the system. The Stormwater Management Plan shall fully describe the project in drawings, and narrative. 9.4.4 Mandatory Provision of Affordable Units. Applicants are encouraged to discuss their proposals informally with the Planning Board prior to filing. A drainage area map showing pre-construction and post-construction watershed boundaries, drainage area and stormwater flow paths. (d)Reinstate gravel or ground cover consistent with the surrounding landscape. They will be discussed at the public hearing in May, revised, and final wording brought to Town Meeting on June 11th for a final vote. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, service roads and machinery associated with the use. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- 8. We offer support for economic development activity, business relocation and expansion and job growth in the Town of Manchester. 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 site plan shall also show all contiguous land owned by the applicant or by the owner of the property. 9.4.9 Maximum Incomes and Selling Prices: Initial Sale. The WECF and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and IEC61400-14 as revised from time to time. The Board of Appeals shall adopt rules, not inconsistent with the provisions of this By-Law and The Zoning Act or other applicable provisions of the General Laws, for the conduct of its business and shall file a copy of such rules with the Town Clerk. The surface drainage area as determined by topography is commonly coincident with the ground water drainage area and will be used to delineate Zone III. (a) Constructed or rehabilitated on the locus subject to the special permit; (b) Constructed or rehabilitated on a locus different than the one subject to the special permit (see Section 9.4.8); (c) An applicant may offer, and the Planning Board with the approval of the Board of Selectmen, may accept donations of land in fee simple, on or off-site, that the Planning Board determines are suitable for the construction of affordable housing units. In addition to the Bylaw Recodification and Update, the Planning Board is also considering some more substantive changes to the Zoning Bylaw that the Board will vet through other thorough community review processes. This is a violation of Chapter 65 of the Town of Manchester Code and will result in an infraction. 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. 4. Applicants shall also include a statement indicating the proposed use and ownership of the open space as permitted by this Bylaw. [Amended 1987] [See Maps]. appropriately addressed by a RCC Development. Remove all of the LGSPI in its entirety, including all associated structures, Dispose of all solid and hazardous waste in accordance with local, state, and, Stabilize or re-vegetate the site as necessary to minimize erosion. 7.5.6 The special permit granting authority shall be governed by the procedural requirements of The Zoning Act and other applicable provisions of the General Laws. 3. 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. 4.1.10 Any of the following uses, if authorized by special permit issued by the Zoning Board of Appeals or by the Planning Board, as specified below, and in accordance with the provisions of Section 7.5 (Special Permits) and subject to appropriate conditions, limitations and safeguards stated in writing by the Zoning Board of Appeals or the Planning Board, whichever is authorized to act on the matter (the SPGA), and made a part of the special permit: [Amended 2007], (a) Private Club, not conducted for profit; Planning Board is the SPGA, (b) Cemetery, not conducted for profit; Planning Board is the SPGA, (c) The garaging or maintaining of more than 4 automobiles when accessory to a dwelling; Zoning Board of Appeals is the SPGA, (d) Charitable or philanthropic use, hospital, sanitarium, nursing, rest or convalescent home, not conducted for profit, or other similar use; Planning Board is the SPGA, (e) Public utility or public communications building not including a service station or outside storage of supplies; Planning Board is the SPGA, (f) A permanent swimming pool or a tennis or similar court when accessory to a dwelling; Zoning Board of Appeals is the SPGA. 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 purpose of this By-Law is the promotion and protection of the public health, safety, convenience, and general welfare of the inhabitants of the Town of Manchester-by-the-Sea and of the public generally by: - encouraging the most appropriate use of land and water within the Town; - preventing overcrowding of land; - preventing undue concentration of population on the one hand, and preventing excessive scattering of population on the other; - encouraging various lot sizes and housing types for persons of various age and income levels; - minimizing traffic hazards and congestion; - providing for adequate light, air, and sanitation; - reducing hazards from fire, flood, panic, and other dangers; - assisting in the economical provision, utilization and expansion for all services provided to the public, including streets, drainage, water supply, sewage disposal, schools, parks and open spaces; - preventing blight and pollution of the environment; - maintaining and enhancing the natural and historical amenities of Manchester-by-the-Sea; and. The lot identification shall include its Assessors Map and Lot numbers. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of all contaminants. An LGSPI shall be set back from property lines consistent with the applicable regulations for the Limited Commercial District, with the exception of necessary connection equipment to utility transmission facilities. The applicant shall be advised of the selection of an outside consultant, and of the sum to be deposited with the Town in a special account for the reasonable fees for the employment of the same. 1. 11. The Planning Board is proposing several changes to zoning at the April Town Meeting.