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.
A. 
Section 240-6 of the bylaw provides that the performance standards adopted by the Commission, including specifically any no-disturb and no-build setbacks, shall apply "unless the applicant convinces the Commission that the area or part of it [within such setbacks] may be disturbed without harm to the values protected by the [bylaw]." The Commission may, in its discretion, grant a variance to an applicant with respect to the no-disturb and/or the no-build zones (a "variance") if the Commission determines, after hearing, that:
(1) 
Literal compliance with these regulations would cause the applicant a substantial hardship because of conditions peculiar to the applicant's property and not shared generally by property owners within the Town of Lynnfield;
(2) 
The hardship is not one created by the applicant himself; and
(3) 
The variance will not result in any harm to the values protected by the bylaw.
B. 
No applicant shall, under any circumstances, be deemed entitled to a variance.
[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.
[Added 3-16-2010]
A. 
Resource area boundary determinations. Resource area boundary delineations will be reviewed only between April 1 and December 1 of each year and at the sole discretion of the Conservation Commission or its agents between December 1 and April 1, and will be reviewed only when site conditions are such that the Conservation Commission or its agents believe they can adequately review the relevant resource area indicators (e.g., soils, vegetation, topography, hydrology).
B. 
Vernal pool determination.
(1) 
Many of the indicators of vernal pool habitat are seasonal. For example, certain salamander egg clusters are only found between late March and late May. Wood frog chorusing only occurs between late March and May, and then only at night. Consequently, failure to find evidence of breeding must be tied explicitly to those periods during which the evidence is most likely to be available.
(2) 
Accordingly, in the case of challenges to the presumption of vernal pool habitat, the Conservation Commission may require that the determination be postponed until the appropriate time period consistent with the evidence being presented. The Conservation Commission may also require its own site visits as necessary to confirm the evidence.