The burden of proof shall rest upon the applicant for a special permit to demonstrate that the location is not within a delineated district. consider the following criteria in making its decision: 1. Preliminary (Conventional) Plan/RCC Sketch Plan: Applicants proposing the. Such special account shall be established and dealt with consistent with MGL c.44 Section 53G. 10.3.5.2. (a)Remove all of the LGSPI in its entirety, including all associated structures, equipment, security barriers and transmission lines from the site. [Adopted 2003]. 10.3.4.1 Determination of Location within Ground and Surface Water. 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. Outfall: The point at which stormwater flows out from a point source that is a discernible, confined and discrete conveyance into waters of the Commonwealth. 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. Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary for the protection of the Town of Manchester-by-the-Seas water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment. All sidewalks are required to be cleared of snow and ice within 10 hours after the snow has ceased falling. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. The WECF and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and IEC61400-14 as revised from time to time. Said announcement shall also be sent to all parties receiving notification of the Special Permit application at the applicant's expense. All references to elevations should be to NGVD (National Geodetic Vertical Datum). Notwithstanding this provision or the, requirements of the Zoning Bylaw, every dwelling fronting on the proposed. No such special permit under this Section 6.12 is required for any or all of the following (collectively, the Excluded Activities): (i) Authorized Structures/Drives Activities; and/or. The purposes of the Flood Plain District are to: (a) Ensure public safety through reducing the threats to life and personal injury; (b) Eliminate new hazards to emergency response officials; (c) Prevent the occurrence of public emergencies resulting from loss of water quality, contamination, and pollution due to flooding; (d) Avoid the loss of utility services which, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; (e) Eliminate costs associated with the response and cleanup of flooding conditions; (f) Reduce damage to public and private property resulting from flooding waters. 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. 9. 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. appropriately addressed by a RCC Development. 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. Authorized Structures/Drives Activities means construction, maintenance or other changes (A) within the layout of any street, or sidelines of any easement for any common driveway on which the lot has frontage, or (B) under the Subdivision Rules and Regulations or this Zoning By-Law within the footprint of buildings and other structures, and sidelines of driveways and turnarounds, authorized (with specific reference to any ledge removal permitted) by either the Planning Board or the Zoning Board of Appeals or (C) within the footprint of a residential building, provided that any excavation does not exceed a depth of fifteen (15)feet from the pre-construction grade and is authorized by a building permit issued by the Building Inspector. 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. ft. of area in service bays 1, 300 sq. Prepare and adopt the plan of conservation and development; review and make recommendations on proposed municipal improvements; establish regulations for subdivision of land; hear and decide on applications for the subdivision of land. A description and delineation of existing stormwater conveyances, impoundments, and wetlands on or adjacent to the site or into which stormwater flows. The site plan for the lot shall be prepared at a scale no greater than 1"=40', and shall show (except as otherwise prescribed or waived by the Planning Board) all existing and proposed contour elevations (at two (2) foot contour line intervals), structures, parking spaces, driveway openings, service areas, facilities for sewage, refuse and other waste disposal and for surface water drainage, wetlands, vernal pools, streams, ponds and other surface water, areas subject to the 100-year flood, and landscape features such as exposed ledges, fences, walls, trees (having a diameter, 4 1/2 feet from the ground, exceeding 6 inches), planting areas, walks and lighting, both existing and proposed. Valuable information about the application process. Except for shed dormers, individual dormers are not considered to be an increase in volume. Encumbrances: All areas to be set aside as open space shall be conveyed free of. The regular members shall be appointed such that the term of at least one member shall expire each year. Zone B means the land area within one half mile of the upper boundary of the bank of a Class A surface water source, as defined in 314 CMR 4.05(3)(a), or edge of watershed, whichever is less. Manchesters Zoning Bylaw today includes regulations based on both past and present goals and best practices, in large part is organized by date of changes and has outdated, overlapping and some bylaws that may now be considered illegal. 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. The Planning Board shall require adequate legal safeguards and covenants that such facilities shall be adequately maintained by the lot owners within the development. 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. 3. The Board of Appeals shall elect one of its members as chairman and one of its members as clerk, each to serve for a one year term. [amended 2005], 6.9.4 [Section 6.9.4 is intentionally omitted] [2005]. If erected on a corner lot, fences must meet certain height and distance requirements. Marijuana Establishment: A marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer, or any other type of licensed marijuana-related business for the non-medical, including recreational use of marijuana, as set forth in G.L. Where the applicant is simultaneously seeking approval from the Planning Board pursuant to the Subdivision Control Law, the performance bond provisions of G.L. (c) Inspection: A responsible person designated by the permittee who stores, handles, uses or produces the Regulated Substances shall check on every day of operation, for breakage or leakage of any container holding the Regulated Substances. and 935 CMR 500.00, et seq., and the Town's regulatory powers; and to limit the siting and operation of Marijuana Businessesto locations appropriate to such use, and to regulate such use through conditionsnecessary to protect community safety while ensuring legitimate patient access. Lands not under the control of cemetery authorities and used for cemetery purposes shall not be taken or used for cemetery purposes if natural drainage from said lands flows into said source of water or tributary thereto, until a plan and sufficient description of the lands is presented to the Department and until such taking or use is expressly approved in writing by the Department. 10.3.10 EXHIBIT B: "BEST MANAGEMENT PRACTICES" FOR THE CONSTRUCTION INDUSTRY. If any provision, paragraph, sentence, or clause of this By-law shall be held invalid for any reason, all other provisions shall continue in full force and effect. 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. All storage sheds less than 150 square feet require a Zoning Certificate from the Town of Manchester . d) Upon adoption of this bylaw by town meeting, the Planning Board shall prepare and adopt an Inclusionary Housing Submission Requirements and Procedures Manual after holding a public hearing on the same. A management plan may be required by the Planning Board that describes how existing woods, fields, meadows or other natural areas shall be maintained in accordance with good conservation practices. 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. Green Activities means planting, trimming, harvesting, additions, subtractions or other changes of, in or to the trees, shrubs, grass, plants, vegetation or other non-nuisance agricultural, horticultural, floricultural or silvicultural products. c. all measures for the protection of water quality, d. the structural details for all components of the proposed drainage systems and stormwater management facilities,e. notes on drawings specifying materials to be used, construction specifications and. "Applicant" means any person filing an application. The Manchester Planning Commission proposes the attached Manchester Land Use & Development Ordinance to replace the current ordinance adopted by the Selectboard on December 16, 2015. 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. d) Tree cover and average height of trees on the subject property and adjacent properties within three hundred (300) feet; e) Contours at each two (2) feet Above Mean Sea Level (AMSL) for the subject property and adjacent properties within three hundred (300) feet; f) Representation of location of viewpoint for the sight-line diagram referenced below. Spring High Tide shall be located as that elevation shown on the Army Corps of Engineers High Tide Chart (Tidal Flood Profiles New England Coastline, See ACOE, New England Division, Prepared by Hydraulics and Water Quality Section, Waltham, MA). It is a violation of the Town of Manchester Code for any property owner to offer any unit for rent or allow any rental unit to be occupied without obtaining a valid Rental Housing License. This Bylaw creates an allowed use by Special Permit of the Planning Board for Personal Wireless Telecommunication Service Facilities. Principal among these is a Smart Growth Overlay District: a strategy for guiding development in the Limited Commercial District consistent with the Towns goals. In-ground pools will not count toward total square footage of accessory buildings or structures. 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. ] [ 2005 ] account shall be established and dealt with consistent with MGL c.44 Section 53G height. 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