manchester zoning regulationsdo raccoons eat bones

[Amended 1987, 2001, 2007]. Ownership Options: At the developers option and subject to approval by the. 4.3.4 Yacht storage, construction and service and related uses. Site plan review approval is required from the Planning Board, as provided for in Section 6.5 Site Plan Approval (See also 5.7 Limited Commercial District): 4.4.1 Business and professional offices and office buildings; 4.4.2 Recreational club or facilities operated for profit; 4.4.5 Large-scale Ground-mounted Solar Photovoltaic Installations. 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. 7.5 of the Manchester-by-the-Sea Zoning By-Law, and M.G.L. Monday through Wednesday 8:30 am to 5 pm Thursday 8:30 am to 6:30 pm [Amended 2012, 2014, 2017], 10.2.2.2 Base Flood Elevation and Floodway Data. All material modifications to a LGSPI made after issuance of the required building permit shall require prior approval by the SPAA. SECTION 2. (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. Pursuant to G.L. The Planning Board encourages town residents, land and business owners to take part in this and all Town planning initiatives to assure that we are all working together for a strong and resilient Manchester. The Board of Appeals of the Town of Manchester-by-the-Sea is hereby designated as the Zoning Board of Appeals and as the permit granting authority mandated by The Zoning Act. 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. Parking lots containing (5) or more parking spaces shall have at least one (1) tree per five (5) parking spaces, such trees to be located either within the lot or within (5') feet of it. Chimneys, spires or towers not used for human occupancy may extend ten (10) feet above these height limits. The invalidity of one or more sections, subsections, sentences, clauses, or provisions of this Bylaw shall not invalidate or impair the Bylaw as a whole or any part thereof. 9. Curb cuts will be referred to as driveway entrances and reviewed with specific criteria by the DPW. access for visual inspection (e.g., cement-floored basement), and sheltered to prevent the intrusion of precipitation. LGSPI shall be constructed, installed, used and modified in conformity with a site plan approved by the SPAA in accordance with Section 6.5 of the Zoning By-Law and the further requirements set forth herein. 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. (c)Stabilize or re-vegetate the site as necessary to minimize erosion. Plans and reports from the Redevelopment Agency. Toxic or hazardous materials include, without limitation, organic chemicals, petroleum products, heavy metals, radio-active or infectious wastes, acids and alkalies, and include products such as pesticides, herbicides, solvents and thinners. Encourage the provision of diverse housing opportunities and the integration of a variety of housing types. (h) Adequate provisions shall be made for the disposal of sewage, waste and drainage caused by the occupancy of such dwelling unit. Pursuant to Section 7.9, the Planning Board may retain technical experts, consultants and legal counsel to verify information presented by the applicant and provide the Planning Board with guidance on reviewing and approving or denying the application. The proposed use of the open space shall be specified in the application. Said announcement shall also be sent to all parties receiving notification of the Special Permit application at the applicant's expense. A. Wind Monitoring or Meteorological Test Tower (Met Tower): A temporarily installed tower used for supporting anemometer, wind vane and other equipment to assess the wind resource at a predetermined height above the ground. 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. 23-56. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. Planning Board, all areas to be protected as open space shall be: (a) Conveyed to the Town to be placed under the care, custody and control of the Conservation Commission, and be accepted by it for a park or open space use. 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. 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. If the security barrier will block views of the WECF, the barrier drawing shall be cut away to show the view behind the barrier. c.41 s.81-U shall supersede the requirements of Section 6.15.9 provided that in the opinion of the Planning Board the performance bond so executed includes sufficient protections to the Town for work to be completed pursuant to this Section 6.15. If such a corporation or trust is utilized, as indicated herein, ownership thereof shall pass with conveyance of the lots or residential units. a) Specifications for the proposed WECF or Met Tower shall be provided for all equipment and attendant facilities. The site plan shall also show the relation of locus map at a scale not greater than 1"=2,000'. Notwithstanding the provisions above, the Planning Board may grant a special permit for an RCC Development for any parcel or contiguous parcels of at least five (5) acres in any. (t) Solid waste combustion facilities or handling facilities as defined at 310 CMR 16.00. The location of existing and proposed utilities. The standards below must be met without counting any existing parking necessary for existing activities to meet these requirements. All requirements of this Bylaw that apply to on-site. (g) Residential approval not required (ANR) land divisions and/or subdivisions pursuant to M.G.L. Submission of photographs depicting existing conditions, views and vistas from various locations on the property and from public and private ways shall accompany the plan submission. An RCC Development may consist of a combination of single-family and two-family and residential structures. [Amended 1987]. 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. 4. 17. c.40A, s.9. [1991] [2001]. Encumbrances: All areas to be set aside as open space shall be conveyed free of. Failure to keep yards mowed or trimmed to this height may result in a violation of Section #147-8 of the Manchester Town Code. [Revised 1998], 10.3. Filing Application. 9.3 Blank [Previous section 6.8 renumbered and deleted 2021], 9.4 Inclusionary Housing [Added 2005], The purpose of this Bylaw isto outline and implement a coherent set of policies and. The Planning Board shall cause the system to be inspected by its representative to confirm its "as-built" features. The design should include a delineation of private yards, public streets and other areas, and shared amenities, to reflect an integrated community, with emphasis on consistency with Manchester-by-the-Seas historical development patterns. The provisions of Section 9.4 of the Zoning Bylaw will be met. 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. Department Directory. 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. 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. You can find a complete Zoning Code for each district here . The two associate members shall be appointed such that their terms do not expire the same year. a)Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property; b)Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations; and. 2. Shed may be located in the side yard, provided they adhere to all minimum front and side yard setback requirements. c.94I and G.L. 6. The required parking space size is being reduced to more standard dimensions, thus decreasing the amount of paved area in town, but other parking requirements remain the same. For Zoning Inquires,Please call Ext. b. all measures for the detention, retention or infiltration of water. In Single Residence District C and Single Residence District E, 22,500 sq. ORWs include vernal pools certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and Environmental Law Enforcement, all Class A designated public water supplies with their bordering vegetated wetlands, and other waters specifically designated. 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 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. 9.1.2.3 The Applicant for the special permit shall submit plans showing at a minimum the following items: (a) Lot size and location of parking. 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. c. 66, and as such shall not bepart of the public record. For each affordable unit not constructed or provided through one or a combination of the methods specified in 9.4.5 (a) through (c), the fee shall be an amount equal to the. A lot for the purpose of this Zoning By-Law may or may not coincide with a lot of record title. This Zoning Recodification and Update initiative allows the Town an opportunity to make its Zoning regulations easier to understand, administer and enforce, and align Zoning regulations with current land use goals, best practices and municipal capacity. CEO 1. (b) To make it financially possible for existing homeowners to stay in their homes. 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. Other formatting and organizational changes include 1) adding and improving definitions, 2) rearranging sections of the bylaw into a logical order, 3) bringing references up-to-date, and 4) eliminating illegal, unnecessary or out-of-date bylaws. 6. All visible foundations to be removed to two (2) feet below grade in the vicinity of the structure. Chapter 40A, Section 9, provided the conditions listed below are met. 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. 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. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. ft. of area in service bays 1, 300 sq. 3. Sites for the view representations shall be selected from populated areas or public ways within a two (2) mile radius of the WECF. This By-Law also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. 10.3.5.1. 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. The Town may file a lien against the lot or lots to ensure payment of such maintenance expenses. [Revised 2012]. The purpose of this by-law is to authorize and regulate large-scale ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations such that these standards address public safety, minimize impacts on scenic, natural and historic resources and provide adequate financial assurance for the eventual decommissioning of such installations. Violation of this ordinance is a municipal infraction and shall be subject to a fine of $100 for the first offense and $200 for each subsequent offense. No such permit shall be required for a vehicle in an enclosed building nor for a vehicle on the property of a lawful business or farming enterprise necessary to such operation, or for motor vehicles at the place of business of a holder of a class license under Sections 58 and 59 of Chapter 140 of the General Laws. DISTRICT BY STRUCTURES MAXIMUM % LOT, COVERAGE BY STRUCTURES AND. Lighting of an LGSPI shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. 10.3.6.1 Special Permits: The Special Permit Granting Authority (SPGA), under Section 4.9 of this By-Law shall be the Planning Board. 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. 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. Any LGSPI, or any substantial part thereof, not in operation for a period of one hundred and eighty (180) continuous days or more without written permission from the SPAA, or that has reached the end of its useful life, shall be considered discontinued and shall be removed. This By-Law is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34. An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement. LGSPI shall not be used for displaying any advertising except for identification of the manufacturer or operator of the LGSPI in conformance with section 11.1.3.8.1. *Except as noted within Section 4.3 of the Zoning By-Law. 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. Storm water run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations and the terms and conditions as imposed by the Planning Board. Trail connections should be provided where appropriate. (b) No person shall wade or bathe in any source of drinking water supply, and no person shall, unless permitted by written permit by the Manchester-by-the-Sea Department of Public Works or like body having jurisdiction over such source of supply, fish in; enter or go in any boat, seaplane, or other contrivance; enter upon the ice for any purpose, including the cutting or taking of ice; or cause any animal to go in or upon such source of water supply or tributary thereto. Pasquale Popolizio Zoning Official. The applicant shall submit such material as may be required by the Planning Board regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding, and regarding design features intended to integrate the proposal into the existing landscape, to preserve the same, to enhance aesthetic, and to screen objectionable features from neighbors. Transferability of a Special Permit. 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. Thereafter, the members of the association shall share the cost of maintaining the open space. [SB1]Can we simply omit and renumber the remainder of 6.0, [NOTE: THE ADMINIISTRATION SECTION WILL BE MOVED TO A NEW SECTION 12], [THE NEW SECTION 7 WILL BE REGULATING NONCONFORMING USES. Development along existing scenic roads and creation of new driveway openings on existing regional roadways shall be minimized. "Person" means any agency or political subdivision of the federal government or the Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of such person, and any group of persons. Issues addressed are whether special permits should be required for normal changes to non-conforming uses. District D 6,000 60 ft. 50 ft 10ft. 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. Approval of the Stormwater Management Special Permit Application based upon determination that the proposed plan meets the Standards in Section 6.15.7 and Section 7.5 of this By-law and will adequately protect the water resources of the Town and is in compliance with the requirements set forth in this Section 6.15; 2. One of the purposes of this review is to determine the number of lots possible in the RCC Development. 2. In addition to those applications for a special permit which require Site Plan Review Special Permit under Section 6.9, the Board of Appeals, Board of Selectmen and Planning Board shall refer a special permit application to the Board of Health, Conservation Commission, and the Department of Public Works for written comments and recommendations before taking final action on said Special Permit application. Application. Prepared for the Planning Board by Gary Gilbert & Chris Olney. Swimming pools may only be located in rear yards. The Planning Board shall. A detached building designed or arranged to accommodate one or more dwelling units and separated by side yards from any other structure except accessory buildings. 1. 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. A fee equaling 50% of the Countys fee will be assessed. Long thin strips or narrow areas of open space (less than 100 feet wide) shall occur only when necessary for access, as vegetated buffers along wetlands or the perimeter of the site, or as connections between open space areas. 6.7.8 Relation to Subdivision Control Act: A Special Permit issued hereunder by the Planning Board shall not be a substitute for compliance with the Planning Board's Rules and Regulations or the Subdivision Control Act. (d) No burials shall be made in any cemetery or other place within 100 feet of the high water mark of a source of public water supply or tributary thereto except by permission in writing by the Manchester-by-the-Sea Department of Public Works or like body having jurisdiction over such source of supply. 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. 41 Center Street Adopt and implement regulations to protect Manchester's groundwater supply; inventory and register existing regulated facilities in Aquifer Protection Areas; hear and decide on applications for new regulated activities. 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. The monthly meetings are open to the public and agendas and minutes are posted online. (a) Findings: The Planning Board may approve the development upon finding that it complies with the purposes and standards of the RCC Development Bylaw and is superior in design to a conventional subdivision with regard to protection of, natural features and scenic resources of the site. All lots meet the applicable dimensional requirements of Section 9.2.5 of the RCC Development Bylaw and all other relevant provisions of the Zoning Bylaw. THE CURRENT LANGUAGE REGULATING NONCONFORMING USES IS CURRENTLY 6.1, AND IS SHOWN BELOW. This By-Law shall not apply to land or activities located outside of the corporate boundaries of Manchester-by-the-Sea. The introduction of any new Regulated Substance shall not prevent the revocation of any existing Special Permit if, in the opinion of the SPGA, such introduction substantially or materially modifies, alters or affects the conditions upon which existing Special Permit was granted or the ability to remain qualified as a General Exemption, if applicable, or to continue to satisfy any conditions that have been imposed as part of a Special Permit, if applicable. - conserving the value of land and buildings. . Storage sheds in excess of 150 square feet also require a building permit. Tideland lying below Mean High Water (per U.S. Geodetic Survey), except that such, Driveways/Curb Cuts: No person shall construct a driveway or entrance. If you have questions about using the new system, or if you are not sure what to apply for, please contact Megan Pilla, Principal Development Planner (860-647-3288), or Katie Williford, Administrative Secretary (860-647-3048). Ground and Surface Water Resource Overlay Protection Districts, as shown on the maps described in 4.9.3, shall be considered to be superimposed over any other district established in this By-Law. Resource Overlay Protection Districts: In determining the location of properties and facilities within the Ground and Surface Water Resource Overlay Protection District, the following rules shall apply: (a) Properties located wholly within one zone reflected on the Ground and Surface Water Resource Overlay Protection District Maps shall be governed by the restrictions applicable to that zone. The applicant shall provide a copy of said authoritys determination to establish the required markings and/or lights for the structure. Existing Zoning Bylaws Proposed Zoning Changes for Special Fall Town Meeting Replace Existing with Updated Sections 1-Authority and Purpose, 2-Definitions, 3- 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. (p) Land uses that result in the rendering impervious of more than 15% or 2,500 square feet of any lot, whichever is greater, unless a system for artificial recharge of precipitation is provided, which is satisfactory to the Planning Board, that will not result in the degradation of groundwater quality. Where the applicant is simultaneously seeking approval from the Planning Board pursuant to the Subdivision Control Law, the performance bond provisions of G.L. All means of shutting down the LGSPI shall be clearly marked. 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. 1. 7. upper boundary of the bank of a tributary or associated surface water body. 16 Holly Ct # 16A, Manchester Township, NJ 08759 is a single-family home listed for-sale at $72,900. The Planning Board shall require that said construction shall be completed within a specific period of time; or. 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.

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