[amended 2005]. to exercise lawful oversight and regulation of Medical Marijuana Treatment Centers (also known as Registered Marijuana Dispensaries) and Marijuana Establishments, together referred to herein as Marijuana Businesses, consistent with Chapter369 of the Acts of 2012,An Act To Ensure Safe Access to Marijuana, Chapter 55 of the Acts of 2017, all regulations which have or may be issued by the Department of Public Health and/or the Cannabis Control Commission, including, but not limited to 105 CMR 725.00 et seq. Administrative Mechanisms, 3. Review Procedures, 4. 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. [Added 1988], 7.9 Planning Board Fees and Expenses [added 2007]. Stormwater: Storm water runoff, snow melt runoff, and surface water runoff and drainage. Siting of affordable units All affordable units constructed or rehabilitated under this Bylaw shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. Public hearings for the subdivision application and the special permit application shall be conducted concurrently. Said employee must be employed on the premises. The name, contact information and signature of any agents representing the project proponent; ix. 20-23. "Applicant" means any person filing an application. Special, permits shall be granted only in conformance with this By-Law, Section. Operation and Maintenance Plan: A plan setting up the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. Loading Do Not Show Again Close. Cardboard-must be flattened, bundled, and tied no bigger than 3 X 3. Box 482 Manchester, Vermont 05254 Meetings. 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 minimum setback requirements shall not apply to the projections of steps, eaves, chimneys and cornices, window sills or belt courses. As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in Section 6.15.4 that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with this Section 6.15. such determination, the SPGA shall give consideration to the simplicity, reliability and feasibility of the control measures proposed and the degree. The Flood Plain District includes all special flood hazard areas within the Town of Manchester-by-the-Sea designated as Zone A, AE, AH, AO, or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. For more than two years, the Planning Board has been working to update the Zoning Bylaw in order to improve its ease of use and to make bylaw current. Decorative Fences may be located in any yard or setback area. c. 40A, s. 9; with the requirements of Section 7.5 et seq. Height: The height of a wind turbine measured from grade elevation at the base of the tower to the elevation at the tip of the blade at its highest point. 2. 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. (e) Minimum requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5); Any variances from the provisions and requirements of the above-referenced State regulations shall be granted only in accordance with the required variance procedures of these State regulations. The SPAA may vary or waive this requirement consistent with minimizing negative effects on abutting property. This inspection shall also evaluate the effectiveness of the system in an actual storm. 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. 3. Any new development, expansion, or change in use other than a single-family or two-family residence which would under the parking schedule "Off-Street Parking and Driveway/Curb Cut Regulations" of Section 6.2, require at least five (5) but less than ten (10) parking spaces, regardless of the number of parking spaces existing on the premises and irrespective of whatever the number of parking spaces created shall be reduced by action of the Board of Appeals or otherwise, shall be subject to Site Plan Review by the Planning Board (See Section 6.9 - Site Plan Review Special Permit). access for facility inspections and maintenance, (ii) preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the 100-year storm event, and. Not more than twenty-five percent (25%) of the area shall be used for parking. a. For the purpose of this By-Law, the Town of Manchester-by-the-Sea is hereby divided into the following zoning districts [See Maps]: Limited Commercial District [Amended 1987]. Allow for greater flexibility and creativity in the design of residential developments. Principal among these is a Smart Growth Overlay District: a strategy for guiding development in the Limited Commercial District consistent with the Towns goals. Manchester Town Hall. 6.7.3.3 At least 30% of the gross area of a parcel for consideration under this By-Law must be dedicated to open land as referred to in Subsection 6.7.4.l and be of such type and in such a configuration as to meet the intent of the By-Law. [Added 1984; Amended 1987], 9.2 Residential Conservation Cluster[Added 2005]. Grubbing: The act of clearing land surface by digging up roots and stumps. Such surety shall be in an amount and form determined to be reasonable by the SPAA, which may be an escrow account, bond or otherwise, and shall be provided prior to construction. Any accessory use in an accessory building when completely screened from the abutting streets or lots; 4.4.7 By special permit from the Planning Board, Medical Marijuana Treatment Centers, as defined by Section 8.3.3 of the Zoning By-Law. review documentation concerning sources and amounts of household income, and certify to the Town that all purchasers or renters approved for an affordable unit meet LIP income eligibility requirements. [Amended 2006]. Open space shall be provided with adequate access, by a strip of land at least 20. feet wide, suitable for a footpath, from one or more streets in the development. For instance, handling Regulated Substances in the proximity of water bodies or wetlands may be improper. No illuminated sign of any kind shall be permitted in a Residence District. 5. Review and Decision: Upon receipt of the application and the required plans, the Planning Board shall transmit one copy each to the Board of Health, Historical Commission and Conservation Commission. 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. Outstanding resource waters (ORWs): Waters designated by Massachusetts Department of Environmental Protection as ORWs. c. stormwater management BMPs are maintained as designed. 8.3.5 General Requirements and Conditions. All stormwater management systems must have an Operation and Maintenance Plan to ensure that systems function as designed. The Building Inspector shall forward one copy to the Planning Board for their review and shall not approve any application subject to this section without receipt of written plan approval from the Planning Board, unless thirty (30) days elapse from the date of transmittal of plans to the Planning Board without receipt of such review from the Planning Board. Blueprints or drawings of the solar photovoltaic installation signed by a Professional Engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed layout of the system and any potential shading from nearby structures; iv. Any Personal Wireless Telecommunication Service Facility which does not comply with all applicable federal, state, and local regulations shall be removed upon failure to bring the facility into compliance within thirty (30) days from receipt of written notice. Maintenance shall include, but not be limited to, required scheduled and unscheduled inspection, maintenance of all turbine components, including the structural integrity of the foundation, repair, painting, and maintenance of all equipment and support structures and security barriers, access, and landscaping. Except for existing wells found by the SPGA to be adequate for this provision, the required well or wells shall be installed by a water well contractor. Appropriate stormwater management controls shall be in place and operative throughout the construction phase of the project. 5. In its sole discretion, the Planning Board may grant extensions to allow construction of subdivisions, within the vested rights limits set forth in G.L. 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. (c) The surface water supplies of Gravelly and Round Ponds supplement the Town's groundwater resource, and are similarly considered an indispensable natural resource. - Manage notification subscriptions, save form progress and more. each. 9.2.5 Standards and Dimensional Requirements. required by the Planning Board to be left in a natural state. A. Upon receipt of the Planning Boards written decision regarding said plan, the applicant may submit a Definitive Subdivision/ RCC Development plan in accordance with the Planning Boards written decision. 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. 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