(c) Any uses with on-site disposal of sewage effluent exceeding 2,000 gallons per day for the entire project provided that the nitrate-nitrogen concentrations described in Section 4.9.6.3(d) are not exceeded. 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. The name, contact information and signature of any agents representing the, ix. No illuminated sign of any kind shall be permitted in a Residence District. This 50-foot setback shall be maintained in a naturally vegetated state. 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. The site plan also shall show the relation of locus map at a scale not greater than 1=2,000'. 4. 3. Skip to Main Content. The applicant shall submit material as may be required regarding measures proposed to prevent pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding. Massachusetts Stormwater Management Policy: The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. 10.3.7.6 Exemption for Construction Activities: The activities of, constructing, repairing or maintaining any facility or improvement on, lands within Zones I, II, III, or A, B, or C, shall be exempt from the. (o) The removal of soil, loam, sand, gravel or any other mineral substances within four (4) feet of the historical high groundwater table elevation (as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey), unless the substances removed are redeposited within 45 days of removal on site to achieve a final grading greater than four (4) feet above the historical high water mark, and except for excavations for the construction of building foundations or the installation of utility works. 10.1.3 Any use otherwise permitted in the underlying district is permitted as a matter of right within the Flood Control District except those uses expressly regulated in this Section. 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. The Planning Board shall require the applicant to provide documentation that the homeowners association is an automatic (mandatory) association that has been established prior to the conveyance of any lots within the subdivision. Failure to, respond in writing within 30 days shall indicate approval or no desire to, comment by said agency. 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. Signs shall be limited to two dimensions (i.e. The resale controls shall be established through a deed rider or an affordable housing restriction as defined by G.L. The special permit granting authority shall also make such further findings as may otherwise be required by this By-Law, and may attach such conditions or safeguards or limitations on the grant of the special permit as it finds to be appropriate and reasonable to protect the surrounding neighborhood, including but not limited to. 7.5.4 Failure of the special permit granting authority to act within 90 days following the public hearing shall be deemed to be the grant of the special permit applied for and the applicant shall be entitled to whatever documents are necessary to evidence such permit. 11. (m) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31. 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. The Planning Board is proposing several changes to zoning at the April Town Meeting. Applicants should refer to the Subdivision Rules and Regulations for provisions regarding preparation and submittal of plans. 6.4.1 No flashing or animated signs shall be permitted in any district. If the permittee fails to act the Town may use the surety bond to complete the work. b) If the applicant or co-applicant will be represented by an agent, the name, address and telephone shall be provided as well as original signature authorizing the agent to represent the applicant and/or co-applicant. Where feasible, these parcels shall be linked by trails. (Community Emergency Response Team), Assessment and Collection (Tax & Water payments), Communications and Civic Engagement Office, C.E.R.T. He shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of this Zoning By-Law and no permit shall be granted for a new use of a building, structure or land which use would be in violation of this By-Law. 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. The regular members shall be appointed such that the term of at least one member shall expire each year. Furthermore, no common driveway shall be accepted as a public road; nor shall the Town under any circumstances be held liable for construction, reconstruction, maintenance, or snow removal on any common driveway, unless by contract duly entered into by the Town and all landowners served by the common driveway. The existing and proposed vegetation and ground surfaces with runoff coefficient for each. Also, NO buildings are to be located on drainage and utility easements. (d) Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate. The revised RCC offers continues to allow for clustered housing with no increase in density. In a single Residence District no building or land shall be used and no building shall be erected or altered which is intended or designed to be used for any purpose except one or more of the following: 4.1.1 A dwelling having not more than one dwelling unit. 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). In the case of a side of a corner lot or multiple frontage lot, the pool must a a minimum meet the required front yard setbacks. 6.2 Off-Street Parking and Driveway/Curb Cut Regulations. Increased and contaminated stormwater runoff associated with developed land uses and the accompanying increase in impervious surface are major causes of impairment of water quality and flow and contamination of drinking water supplies, erosion of stream channels, alteration or destruction of aquatic and wildlife habitat, and flooding. to screen and buffer the development and may be included within the open space. 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 Board of Selectmen, Planning Board and the Board of Appeals are hereby designated as the special permit granting authorities mandated by Zoning Act. 11.2.10.2 Pre-Application Filing Requirements, 11.2.10.4 Application Filing Requirements, 11.2.10.4.3 Siting and Design Filing Requirements, Section 12. 9.4.4 Mandatory Provision of Affordable Units. (h) Landfills and open dumps, as defined in 310 CMR 19.006. A description and drawings of all components of the proposed drainage system including: a. locations, cross sections, and profiles of all brooks, streams, drainage swales and their method of stabilization. Large-Scale Ground-Mounted Solar Photovoltaic Installation (LGSPI): A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum nameplate capacity of 250 kW DC. locations of such parcels are suitable for the designated uses. 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. The requirements of this section shall take precedence in the event of a direct conflict. Land conveyed to the Town shall be open for public use; (b) Conveyed to a non-profit organization, the principal purpose of which is the conservation or preservation of open space, with a conservation restriction as specified below. To the extent permitted by law and consistent with MGL c.44 Section 53G, any required time limits for action on an Application by the Planning Board shall be extended by the duration of such administrative appeal, and if no decision is made by the Towns Board of Selectmen within one month following the filing of such administrative appeal, the selection made by the Planning Board shall stand. 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. Notice shall be provided to the Planning Board and the Building Inspector of any change in this information. 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. 14. 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. Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any; viii. 94G, and any regulations promulgated thereunder. (b) A detailed description of the activities that involve the storage, handling, use, or production of the Regulated Substances indicating the unit quantities in which the substances are contained or manipulated. (d) In considering the Special Permit application, the Planning Board shall apply relevant design and operating guidelines noted in Section 4.9.6.5 of the Zoning Bylaw, including subsection (f) regarding alterations and expansion. Yard waste and bag will be picked up which will not alter terrain or drainage patterns; 5. and935 CMR 500.00, et seq. 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 construction and operation of LGSPI shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, environmental, Wetlands Protection Act, construction, electrical, and communications requirements. 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. Performance bonds, deposits or covenants may be released in whole or from time to time, in part, when the work has been satisfactorily completed in the opinion of the Planning Board. A building or portion thereof occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit, but not including a trailer, mobile home or recreational vehicle which is designed to be mounted on wheels, whether or not on a permanent foundation. The cost of such maintenance by the Town shall be assessed against the properties within the development and/or to the owner of the open space. 1. All Personal Wireless Telecommunication Service Facilities shall require a Special Permit from the Planning Board. 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. 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. Applicants shall be required to obtain a special permit from the Planning Board to use any lot or seaway for helicopter landing, storage or parking within the Town of Manchester-by-the-Sea. Upon completion of construction, all unused and waste Regulated Substances and containment systems shall be removed from the construction site by the responsible contractor, and shall be disposed of in a proper manner as prescribed by law. 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. If the system is found to be inadequate by virtue of physical evidence or operational failure, even though it was built as called for in the Stormwater Management Plan, it shall be corrected by the permittee before the performance guarantee is released. If a fence is erected in a drainage and utility easement, be aware that if that easement needs to be accessed, the fences will be taken down. bylaws, zoning, regulations. 94G, and any regulations promulgated thereunder. 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