On April 25, 2005, the Annual Town Meeting of the Town of Lynnfield adopted a Wetlands Protection Bylaw, which has been codified as Chapter
240 of the General Bylaws of the Town of Lynnfield (the "bylaw"). The purpose of the bylaw is to protect the wetlands, water resources and adjoining land areas in the Town of Lynnfield by controlling activities deemed by the Conservation Commission (the "Commission") likely to have a significant effect, singly or cumulatively, upon resource area values as defined in the bylaw. Section
240-7 of the bylaw provides that the Commission "shall promulgate rules and regulations to effectuate the purposes of [the Bylaw]." The regulations set forth herein are intended to do so.
Section
240-6 of the bylaw authorizes the Commission to establish performance standards for protection of areas within 200 feet of rivers and 100 feet of ponds, lakes, vernal pools (whether certified or not), isolated wetlands and other "resource areas," as defined in §
240-8 of the bylaw (hereinafter "resource areas"). Performance standards, under §
240-6 of the bylaw, may include "strips of continuous, undisturbed vegetative cover within the two-hundred-foot or one-hundred-foot area, or other form of work limit or setback to buildings, roads, landscaping and other features. . . . The specific size of each type of protected area may be established by regulations of the Commission."
A. No-disturb zones. There shall be a no-disturb zone with a minimum
depth of 100 feet measured horizontally from the border of any vernal
pool and 25 feet measured horizontally from the border of any other
resource area (the "no-disturb zone"). Vegetation in the no-disturb
zone shall not be cut or trimmed in any manner. An applicant may request
to remove dead or damaged trees which are safety hazards. The Commission
will review the request on an individual basis. Dead trees do provide
habitat for insects, birds and wildlife. Except for wetlands crossings
specifically permitted by the Commission and except as otherwise specifically
provided in these regulations or pursuant to a variance as set forth
below, prohibited activities within the no-disturb zone include, but
are not limited to, grading, landscaping, planting, harvesting, mowing,
vegetation clearing, cutting, trimming, filling, depositing any materials
(including yard waste and construction debris), composting, excavating,
construction, fencing, and installation of roads, driveways and walkways.
To maintain the perpetual integrity of the no-disturb zone and to
prevent encroachments into it by applicants and future owners, the
Commission may require the no-disturb zone to be marked on the ground,
at the applicant's expense, with permanent markers. Such markers shall
be made of weather-resistant material approved by the Commission (e.g.,
granite). The Commission may determine the number, size and location
of such markers, and may require one or more of them to bear a permanent
plaque or engraving that shall read: "No Disturbance Beyond This Point
by Order of the Lynnfield Conservation Commission." The Commission,
in its sole discretion, may require a no-disturb zone of greater depth
than the above-described minimums where there are site-specific conditions
that, if altered, would be likely to result in degradation of a resource
area.
B. No-build zones. There shall be a no-build zone with a minimum depth
of 100 feet measured horizontally from the border of any vernal pool
and 50 feet measured horizontally from the border of any other resource
area (the "no-build zone"). Except for wetlands crossings specifically
permitted by the Commission and except as otherwise specifically provided
in these regulations or pursuant to a variance as set forth below,
prohibited activities within the no-build zone include, but are not
limited to, construction of any structure, installation of any impervious
surface, and any work requiring a building permit. Fences, swing sets
and similar play structures may be permitted within the no-build zone
(but not within the no-disturb zone) with the approval of the Commission.
Without limiting the generality of the foregoing, there shall be no
buildings, houses, garages, sheds, dumpsters, decks, porches, additions,
tennis courts, swimming pools, retaining walls, septic systems, leaching
fields, above- or belowground tanks, generators, air-conditioning
equipment or asphalt surfaces within the no-build zone. The Commission,
in its sole discretion, may require a no-build zone of greater depth
than the above-described minimums where there are site-specific conditions
that, if altered, would be likely to result in degradation of a resource
area.
[Added 4-5-2006]
In order to provide sufficient review time, the Commission may
continue a public hearing or public meeting if new information is
submitted by the applicant, or applicant's agent, less than six calendar
days before the scheduled public hearing or public meeting.