Nothing in this By-Law shall be construed to supersede any state or federallaws or regulations governing the sale and distribution of narcotic drugs. Any existing facility with such a drainage system shall be required to either seal the floor drain (in accordance with the state plumbing code, 248 CMR 2.00), connect the drain to a municipal sewer system (with all appropriate permits and pre-treatment), or connect the drain to a holding tank meeting the requirements of all appropriate DEP regulations and policies. Vacancies shall be filled in the same manner as appointments. The permit process consists of three steps: See calendar of events for yard waste and tree limb collection dates. Issues addressed are whether special permits should be required for normal changes to non-conforming uses. A special permit shall be granted only if the permit-granting authority finds that it is consistent with the purposes outlined in Section 6.9.1 of this By-Law. Brady Sullivan seeks to develop 100 dwelling units at the building, which currently has 19,612 square feet. A special permit shall not reverse, vary or alter any applicable provision of this By-Law. 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. 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. How land clearing and construction shall be performed in accordance with Sections 5.10 and 6.15 of the Zoning By-Law governing storm water discharge, land disturbance, provision for handling toxic or hazardous materials, and post-construction storm water runoff; (b) Documentation of actual or prospective access and control of the project site (see also Section 11.1.3.4); (c)An operation and maintenance plan (see also Section 11.1.3.4.1); (d) Zoning district designation for the parcel(s) of land comprising the project site (submission of a copy of a zoning map with the parcel(s) identified is suitable for this purpose); (e) Proof of liability insurance written by companies licensed to provide such insurance in Massachusetts and with coverage limits at commercially acceptable levels; (f) Description of financial surety that satisfies Section 11.1.3.10.2. c.40A, s.9. (b)Dispose of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations. 4.3.5 Fish and shellfish landing, storage and handling (but not a fish processing or similar plant). An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the most recent information from the United States Department of Housing and Urban Development (HUD) and/or the Massachusetts Department of Housing and Community Development (DHCD). (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. Sites for the view representations shall be selected from populated areas or public ways within a two (2) mile radius of the WECF. (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. 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. However, nothing herein shall prevent a temporary helicopter landing area for emergency purposes, such as air ambulance, search and rescue, fire fighting and similar public safety operations. NO ACCESSORY BUILDING OR STRUCTURE IN A RESIDENTIAL DISTRICT SHALL CONTAIN FULL BATHROOM FACILITES. Recognizing that the portion of Manchester-by-the-Sea zoned Limited Commercial may contribute significant recharge to the town's municipal drinking water supply, and recognizing further that inappropriate development, or development with inappropriate safeguards may threaten said water supply, no special permit or site plan approval for any use within the Limited Commercial District shall be granted without adherence to the following guidelines: 5.10.1 Design and Operations Guidelines: The following design and operation guidelines shall be observed within the Limited Commercial District. 2020 Town of Manchester | 3337 Victory Street, Manchester, Maryland 21102 | 410.239.3200 | Fax: 410.239.6430 | Developed by. 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]. 9. 4. Any use otherwise permitted in the underlying district is permitted as a matter of right in the Flood Plain District, provided the use meets the following additional requirements and those of the Massachusetts State Building Code dealing with construction in flood plains and coastal high hazard areas as applicable. No portion of the open space containing components of a sewage disposal system(s) shall count toward the open space requirements of Section 9.2.5.4, nor shall any portion of said open space areas be accepted by the Town or conveyed to a nonprofit organization other than a corporation or trust described in Section 9.2.7(c). 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. Stormwater discharges to critical areas must utilize certain stormwater management BMPs approved for critical areas (see Stormwater Management Volume I: Stormwater Policy Handbook). (c) Adequately distributed throughout the parcel and accessible to all residential lots without crossing through private property. "Zone I" means the 400-foot protective radius required by the Department around a public water supply well or wellfield. Restoration of a nonconforming structure which has been damaged by fire, flood or other casualty or by vandalism may be made without conformance to the provisions of this By-Law or amendment hereto, provided that such restoration shall have commenced within six months of the date the damage was sustained and that such restoration continue through to completion as continuously and expeditiously as is reasonable, and provided that the structure as restored shall not exceed 100% of the floor area of the structure immediately prior to the damage unless the Board of Appeals grants a special permit therefor in accordance with Section 7.5 (Special Permits) after finding that such restoration is not substantially more detrimental or injurious to the neighborhood than the structure immediately prior to such damage. to screen and buffer the development and may be included within the open space. 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. The owner or operator shall physically remove the installation no more than ninety (90) days after the date of discontinued operations, which period may be extended with written permission of the Building Inspector for no more than sixty (60) days. (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. (b) To make it financially possible for existing homeowners to stay in their homes. 8. Each copy of the SMSP Application package shall include: 1. a completed Application Form with original signatures of all owners; 2. a list of abutters, certified by the Assessors Office; 3. the Stormwater Management Plan and project description as specified in Section 6.15.7 of this By-law; 4. the Operation and Maintenance Plan as required by Section 6.15.8 of this By-Law; B. The Planning Board shall have the authority to approve or disapprove particular uses proposed for the open space. Such organization shall be acceptable to the Town as a bona fide conservation organization; or. The designation of the Ground and Surface Water Resource Overlay Protection Districts and careful regulation of development activities within these districts can reduce the potential for ground and surface water contamination. 10.3.4.2 Relationship to Other Laws: This By-Law is supplementary to other. The owner and operator of an LGSPI shall each identify a responsible person for emergency purposes and public inquiry and shall at all times throughout the life of the installation maintain current contact information (name, address, telephone number, e-mail address) for such person(s) on file with the Building Inspector, the Fire Chief, and the SPAA. [Added 1988], 7.9 Planning Board Fees and Expenses [added 2007]. 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. Pursuant to G.L. c. 41, 81L, 81P, 81S, and 81U with on-site disposal of effluent, at a density greater than one dwelling unit per 30,000 square feet provided that the nitrate-nitrogen concentrations described in Section 4.9.6.3(d), below, are not exceeded. 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. 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. 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. 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. c. 40B sec. 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. This prohibition includes, but is not limited to, treatment or disposal works related to activities under the Standard Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6) (Title 5), except the following: (1) the replacement or repair of an existing system(s) that will not result in a design capacity greater than the design capacity of the existing system(s); and, (2) treatment works approved by the Department designed for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or 5.05 (13); and. 6. (3) publicly owned treatment works, or POTWs. 6.7.3.2 The manner of ownership of such land shall be determined by the applicant after consultation with the Planning Board. [Added 1984], 6.8 Blank [Planned Residential Development Deleted 2021]. 7.5.3 An applicant for a special permit shall file an application with the applicable special permit granting authority, together with such other plans, specifications and documents as may be required by rules adopted by the special permit granting authority pursuant to Section 7.5.6, and shall file a copy thereof with the Town Clerk and with any other officers, boards or commissions required by this By-Law. One part [the Setback Area] is that portion of the lot from its exterior boundaries to the lines delimiting its minimum front, side and rear building setbacks as prescribed by Section 5.4. 4.1.2 Non-nuisance agricultural, horticultural and floricultural uses, except those requiring a special permit pursuant to Section 4.1.10(1). a. a) For developments of multi-family condominiums, the Planning Board may substitute the median sale price for new condominiums built in Manchester-by-the-Sea during the preceding three fiscal years for the median sale price of new single-family homes. - conserving the value of land and buildings. The results of the inspection and any resulting repair work shall be submitted to the Planning Board and the Building Inspector within thirty (30) days of the receipt of results of such evaluation by the applicant or WECF owner. [See Maps; original on file with the Department of Public Works.]. A maintenance schedule for the period of construction, and. Leaching Facilities: Subject to the approval of the Board of Health, as otherwise required by law, the Planning Board may permit a portion of the open space to be used for components of sewage disposal systems serving the subdivision, where the Planning Board finds that such use will not be detrimental to the character, quality, or use of the open space, wetlands or waterbodies, and enhances the site plan. 94G, and any regulations promulgated thereunder. Stormwater: Storm water runoff, snow melt runoff, and surface water runoff and drainage. To protect groundwater and surface water from degradation; 4.