10. (d)Reinstate gravel or ground cover consistent with the surrounding landscape. One of the purposes of this review is to determine the number of lots possible in the RCC Development. Encumbrances: All areas to be set aside as open space shall be conveyed free of. 10.3.7.4 Exemption for Retail/Wholesale Sales Activities: Except in Zone I, retail/wholesale sales establishments that store or handle Regulated, Substances for resale in their original unopened containers shall be exempt from the provisions of this By-Law, provided however, that retail/wholesale sales establishments 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 special permit, 10.3.7.5 Exemptions for Office and Commercial Uses: Except in Zone I, office, and commercial 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 office and, commercial uses that store or handle quantities of Regulated Substances, exceeding thirty (30) gallons liquid or twenty-five (25) pounds solid shall. c. 40A, 5. Published on January 18, 2023. Yard waste and bag will be picked up After a special permit is granted and before the applicant's Personal Wireless Telecommunication Service Facility begins transmission, the applicant shall pay for an independent consultant, hired by the Town, to test and monitor the ambient or background levels of radio frequency emissions around the proposed facilities site, using established protocols. The proposed use of the open space shall be specified in the application. Create a Website Account - Manage notification subscriptions, save form progress and more. Where a proposed development abuts land held for conservation purposes, the, development shall be configured to minimize adverse impacts to abutting. 2. 9.1.2 Accessory Dwelling Units in Single Residence Districts A, B, C, and E: 9.1.2.1 An owner or owners of a single family dwelling in Single Residence Districts A, B, C, and E may apply to the Board of Appeals for a Special Permit for the construction of one accessory dwelling unit in such single family dwelling. Authority, Adoption & Applicability, 2. 1. 3. Shed may be located in the side yard, provided they adhere to all minimum front and side yard setback requirements. [Amended 1987], 6.6 Blank [Reflecting Antennas Deleted 2021], 6.7 Special Provision for Open Space Planning. 23-56. 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. (d) Either the accessory dwelling unit or the main dwelling shall be occupied by the owner of the property except for temporary absences of up to one year. Chapter 40A, Section 9, provided the conditions listed below are met. 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. A single set of design standards will provide guidance for developers and others needing site plan approval, and will provide specific direction to Town boards for their review. The completed application is returned (faxed or hand-carried) to the Carroll County Permits Office who will then issue the permit. 11.1 Large-Scale Ground-Mounted Solar Photovoltaic Installations [Adopted 2013]. [Amended 2007]. The office of the Building Inspector is responsible for the enforcement of this By-Law and the issuance of building permits. Each contractor shall familiarize him/herself with the manufacturer's safety data sheet supplied with each material containing a Regulated Substance and shall be familiar with procedures required to contain and clean up any releases of the Regulated Substance. Lead Paint Control. (e) To insure that all accessory dwelling units that are created will comply with the building codes and health, safety and fire regulations. This 50-foot setback shall be maintained in a naturally vegetated state. (a) Containment of Regulated Substances: Leak-proof trays under containers, floor curbing, or other contaminant systems to provide secondary liquid containment shall be installed. Site Plan Approval Authority (SPAA): The site plan review authority as designated by the Zoning By-law. 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. (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. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts. All stormwater management systems must have an Operation and Maintenance Plan to ensure that systems function as designed. The Special Permit shall not be effective until filed with the Registry of Deeds. Each affordable unit created in accordance with this Bylaw shall have the following limitations governing its resale. 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. 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. "Zone I" means the 400-foot protective radius required by the Department around a public water supply well or wellfield. If any provision of this Section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Section are severable. If the owner or operator of the LGSPI fails to remove the installation in accordance with the requirements of this section, the Town shall have the right, to the extent it is otherwise duly authorized by law, to enter the property and remove the installation at the expense of the owner of the installation and the owner(s) of the site on which the facility is located. 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. In the current Zoning Bylaw, the same information is found within paragraphs of text and is not consistent in order or language. The Building Commissioner shall not issue an occupancy permit for any affordable unit until the deed restriction is recorded at the Essex County Registry of Deeds or the Land Court. WECFs shall be sited in a manner that does not result in significant shadowing or flicker impacts, in the sole opinion of the Planning Board. 11.2.8.2 Upon receipt of a Notice of Discontinuance from the Building Inspector, the owner shall physically remove the WECF or Met Tower within ninety (90) days. It is presumed that this standard is met when: a. suitable nonstructural practices for source control and pollution prevention are implemented;b. stormwater management best management practices (BMPs) are sized to capture the prescribed runoff volume; and. 4.3.8 Printing and publishing and similar uses. The whole area of a single parcel of land in one ownership, with definite boundaries, used, or available for use, as the site of one or more buildings. If snow falls overnight, then you have until 6:00 PM the following day. This is not a approval of any specific projects. District D 6,000 60 ft. 50 ft 10ft. (u) Any floor drainage systems in existing facilities, in industrial or commercial process areas or hazardous material and/or hazardous waste storage areas, which discharge to the ground without a Department permit or authorization. (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. 6.16 Topographical Changes and Land Clearing Special Permit [Residential Districts] [Added 2007], It is intended to encourage the conservation of open space, and the general, topographical layout of the land, promote less land clearing, grading and excavation. 4.3.6 Public parking or garaging of automobiles not incidental to another permitted use if authorized by a special permit issued by the Planning Board in accordance with the provisions of Section 7.5 (Special Permits). The intent of this Section is to enable the review of wind energy conversion facilities and wind monitoring or meteorological towers by the Planning Board in keeping with the Towns existing By-Law. Encourage screening of new residential development from the Towns roads, open spaces and scenic areas. Minimum driveway width: 16(18 if over 100 in length) residential, will not, during construction or thereafter, have an adverse impact. c.94G and regulations promulgated and/or incorporated thereunder, and otherwise by their plain language. 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. The Zoning Regulations comprise Chapter 415 of the Citys Municipal Code. upper boundary of the bank of a tributary or associated surface water body. Update and move Administration and Procedures Regulations, Update Nonconforming Uses and Structures Regulations, Add new Adult Entertainment Establishment Regulations, Replace existing with updated Residential Conservation Cluster Bylaw, Update Accessory Dwelling Unit Regulations, Modify ADU Bylaw and modify Use Table regarding ADU Bylaw, The raising or keeping of livestock, including poultry, horses, or cows. Planning / Zoning. 3.3.2 Boundaries which appear to follow a property or lot line, the exact location of which is not indicated by means of dimensions shown in figures, shall coincide with the property or lot line. 4. 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. The Planning Board shall meet with an applicant under this regulation within twenty-one (21) days or at the next scheduled meeting, following a written request submitted to the Planning Board. 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. 4.1.9 Accessory use on the same lot with and customarily incident to any of the above permitted uses, or to the uses permitted in accordance with the following section 4.1.10, and not detrimental to a residential neighborhood, including specifically the following: 4.1.9.1 As part of an existing garage, stable or other existing structure approved by special permit of the Board of Appeals, family living quarters for and to be occupied only by an employee of the owner occupant of the dwelling while such garage, stable or other existing structure, approved by the Board of Appeals, is an accessory use. 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