[HISTORY: Adopted by the Planning Board of the Town of Marshfield 12-13-2010. Amendments
noted where applicable.]
A.
Purpose and authority. The following rules are hereby adopted by the Planning Board as provided in MGL c. 40A for the purpose of establishing uniform procedures for administering permitting requirements within the Water Resource Protection District as established in § 305-13.03 of the Zoning Bylaw.
B.
Adoption
and amendment. These rules and regulations may be adopted and from
time to time amended by majority vote of the Planning Board members
present and voting, provided such adoption or amendment is taken after
a public hearing.
C.
Effective
date. These rules and regulations are effective when voted. A copy
shall be filed with the office of the Town Clerk, with appropriate
endorsements, such as date of adoption, date filed with Town Clerk,
and amendments.
An application or petition for a special permit may be brought
by a property owner, agent, or prospective purchaser who submits certification
(such as an executed purchase and sales agreement) of property interest
and authority to file.
Pursuant to § 305-13.03E(5) of the Zoning Bylaw, a party seeking to reoccupy an existing structure in the Water Resource Protection District (WRPD) with a use that would ordinarily require a special permit pursuant to § 305-13.03E(4) of the Zoning Bylaw may do so without filing a special permit application if the party receives a positive determination from the Building Commissioner through a WRPD reoccupation certificate. It is the responsibility of any party requesting such a determination from the Building Commissioner to provide information and plans that verify the information on the associated certificate. Site plans developed for the prior use may be used as part of a submittal to the Building Commissioner as long as they accurately reflect existing conditions. The Building Commissioner may reasonably request additional materials from the submitting party in order to make an accurate determination.
A.
Official application form. Application for special permits shall
be made on an official form which shall be furnished by the Planning
Department upon request.
B.
Contents of an application. The completed application form, original
plan, and 15 copies shall be submitted to the Planning Board with
an additional copy filed forthwith with the Town Clerk by the applicant.
Survey and engineered site plans shall be drawn at a scale of one
inch equals 40 feet, unless another scale is previously requested
by the applicant and found suitable by the Board. A professional engineer
shall prepare and stamp all plans. The plans shall be stamped by the
registered land surveyor who performed the instrument boundary survey
and who shall certify the accuracy of the locations of the building,
setbacks and all other required dimensions, elevations, and measurements
and shall be signed under the penalties of perjury. The Board may
engage a Massachusetts professional engineer or hydrogeologist experienced
in groundwater evaluation, hydrogeology, or hazardous and toxic materials
to review the application for completeness and correctness and shall
require the applicant to pay for the cost of the review. The following
information shall be furnished by the applicant:
(1)
A locus plan at a scale of one inch equals 100 feet, 200 feet or
400 feet showing the location, names, and present widths of the streets
bounding, approaching or within reasonable proximity of the site,
and including the tracts of land, ownership, and topography taken
from Assessor's plans or field survey if available.
(2)
Name and complete contact information of the applicant, property
owner and all members of the design and development team.
(3)
The scale, date and North arrow.
(4)
Assessor's map and parcel numbers, dimensions of lot in feet, size
of lot in square feet, and width of abutting streets and ways.
(5)
The location of existing wetlands, water bodies, wells, one-hundred-year
floodplain elevation, and other natural features including streams,
wetlands, vistas, slope areas, geological features, unique vegetation,
historic features, and others that may be important to the site.
(6)
Easements within the lot and for properties abutting thereon.
(7)
Identification of zoning districts, including any overlay districts.
(8)
The location of existing or proposed building(s) on the lot with
the total square footage and dimensions of all buildings.
(9)
Where storage of hazardous materials in excess of household quantities
is proposed, building elevations and floor plans shall be provided.
(10)
A landscape plan to include the total square feet of all landscape
and recreation areas, and depiction of materials to be used, and the
quantity, size, methods, and species of plantings.
(11)
Percent of building lot coverage and percentage of paved (impervious)
area used for parking, loading, and access within the property. For
the purposes of this calculation, any areas that are designated for
regular vehicle traffic or parking shall be counted as impervious
regardless of how the surface is finished.
(12)
Existing and proposed topographical lines at two-foot contour
intervals on the tract and within 50 feet thereof. Where an applicant
cannot gain access to adjacent property in order to satisfy this requirement,
topography can be provided based on USGS quadrangles.
(13)
The location and a description of proposed open space or recreation
areas.
(14)
Existing and proposed street, parking, drainage, and utility
systems.
(15)
Information regarding all measures proposed to prevent pollution
of surface water or groundwater, soil erosion, increased runoff, and
flooding.
(16)
A complete list of chemicals, pesticides, herbicides, fertilizers,
fuels and other potentially toxic or hazardous materials to be used
or stored on the premises in quantities greater than those associated
with normal household use, accompanied by a description of measures
proposed to protect all storage containers/fertilizers from vandalism,
corrosion and leakage, and to provide for control of spills (during
and after construction).
(17)
A description of potentially toxic or hazardous wastes to be
generated, indicating storage and disposal methods (during and after
construction).
(18)
Evidence of application to the Massachusetts Department of Environmental
Protection (DEP) for a groundwater discharge permit associated with
any industrial waste treatment or disposal system and/or wastewater
treatment system (during and after construction).
(19)
Projections of downgradient concentrations of nitrogen, phosphorus,
and other relevant chemicals to be disposed of on site, at property
boundaries and at other locations deemed pertinent by the Board, prepared
by a hydrogeologist or registered professional engineer possessing
experience and education in water supply protection and hydrology.
(20)
A narrative summary of the vital statistics of the project.
Such statistics shall include: Total gross and net square footage,
number of parking spaces, and estimated amounts of water consumption
and sewer discharge.
(21)
Direction of groundwater flow and the distance to all public
water supply wells within the Zone 2.
(22)
Any additional information which the Board may require in order
to determine compliance with the applicable standards of the Zoning
Bylaw.
A.
Findings and purposes. The Town of Marshfield requires industrial,
commercial, community facilities, and residential uses (except existing
one-family detached dwellings) to provide documentation that demonstrates
that the concentration of nitrate-nitrogen in groundwater resulting
from these uses shall not exceed five parts per million (ppm) at the
downgradient property boundary. These requirements are based on the
following findings:
(1)
Whereas the Town of Marshfield does not have a sewer system to treat
wastewater from development within its Water Resource Protection District,
the disposal of this wastewater through septic systems within the
district poses a threat to the drinking water quality of the public
supply wells the district is designed to protect. The primary contaminant
of concern coming from the septic systems is nitrogen.
(2)
Once nitrogen released from septic systems reaches groundwater, it
is not attenuated, but it is diluted with recharge from precipitation,
road and roof runoff, and lawn irrigation. These dilution waters also
transport some nitrogen, though not as concentrated as septic system
wastewater. Wastewater contributes between 70% and 80% of the nitrogen
in groundwater in developed areas.
(3)
Excessive nitrogen in drinking water has been linked to serious health
effects. Consumption of excessive nitrate-nitrogen by infants has
been linked to methemoglobinemia (blue baby syndrome); nitrate occupies
the hemoglobin site on red blood cells limiting the transport of oxygen
through the blood. There is also a concern that excessive nitrogen
in drinking water can be converted to excessive nitrosamines (carcinogenic
nitrogen forms) in stomach acid. Excessive nitrogen in groundwater
has also been linked to excessive levels of other contaminants.
(4)
Due to these health concerns, the U.S. Environmental Protection Agency
(EPA) and the Massachusetts Department of Environmental Protection
(DEP) have adopted maximum contaminant levels in drinking water. If
these levels are exceeded in a drinking water supply well, utilization
of the well must cease and an alternative supply must be found. Treatment
technology to remove excessive nitrogen from drinking water prior
to its use is currently prohibitively expensive.
(5)
Since the Town of Marshfield has invested significant public funds
in the development of its current drinking water supply and wishes
to avoid the expense and potential health and economic concerns that
excessive nitrogen in its drinking water would cause, the Town of
Marshfield has adopted a nitrogen loading assessment requirement in
its Zoning Bylaw for development in its Water Resource Protection
District.
B.
Applicability. The following projects which require a special permit
in accordance with the Table of Uses in the Marshfield Zoning Bylaw[1] shall be subject to the provisions of this regulation:
(1)
New commercial and industrial development;
(2)
New community facilities;
(3)
New residential uses, including residential subdivisions of five
or more new lots; and
(4)
Existing commercial, industrial, or community facilities where a
change of use is proposed that will increase the concentration of
nitrogen on the site.
C.
Nitrogen loading assumptions and calculations.
(2)
Nonresidential wastewater flow. Although Title 5 wastewater flows
will be used conventionally in the calculation of nitrogen loading,
commercial and industrial development and community facilities may
use measured water use flows to calculate nitrogen loads from wastewater.
In order to use measured water use flows, an applicant must present
annual water bills or equivalent information to support the use of
these flows. It is recommended that measured water use information
from at least three comparable developments or three years worth of
water records be provided. The Town of Marshfield Planning Board shall
determine the validity of supporting information and may reject or
modify the use of wastewater flows other than Title 5 wastewater flows.
(3)
Residential wastewater flow. Residential developments may use a wastewater
flow that is the mean of standard Title 5 wastewater flows and modified
Title 5 flows based on occupancy data. Modified Title 5 flows shall
be calculated by multiplying actual Title 5 flows by the fraction
represented by dividing the average single-family residence occupancy
in the Town by two times the number of proposed bedrooms. Average
occupancy shall equal total Town population divided by occupied housing
units (both values from the most recent U.S. census) unless the Planning
Board determines that alternative values should be used.
|
Sample Calculation for a three-bedroom home:
| ||
|---|---|---|
|
Base Statistics
| ||
|
Number of bedrooms = 3
| ||
|
Standard Title 5 flow = 330 gpd
| ||
|
Average occupancy = 2.5 people1
| ||
|
Step One: Calculate Modifying Fraction
| ||
|
Average occupancy divided by 2 times number of bedrooms:
2.5/(2 * 3) = 0.42
| ||
|
Step Two: Calculate Modified Title 5 Flow
| ||
|
Modifying fraction times Title 5 flow:
0.42 * 330 = 138.6 gpd
| ||
|
Step Three: Calculate Mean Estimated Flow
| ||
|
Mean of standard Title 5 flow and modified Title 5 flow:
(138.6 + 330)/2 = 234.3 gpd
| ||
|
1
|
For illustration purposes only. Does not necessarily represent
the actual average occupancy rate in the Town of Marshfield.
|
(4)
Nitrogen concentrations. Nutrient concentrations applied to nitrogen
loading calculations shall follow the following schedule:
|
Source of Nitrogen
|
Concentration of Nitrogen
(milligrams per liter)
| |
|---|---|---|
|
Wastewater effluent from a standard on-site system
|
35
| |
|
Wastewater effluent from a DEP approved denitrification system
|
19
| |
|
Wastewater effluent from a centralized wastewater treatment
facility
|
10
| |
|
Runoff from roadways and driveways
|
1.5
| |
|
Runoff from rooftops
|
0.75
| |
|
Rainfall (runoff on natural surfaces)
|
0.05
|
(5)
Nutrient loading from turf fertilization.
(a)
To calculate the loading of nitrogen from turf areas, the applicant
shall first multiply the area of turf by the estimated application
rate of 3.0 pounds of nitrogen per 1,000 square feet of turf. The
applicant shall then multiply this value by 0.25 assuming a 25% leaching
rate to groundwater.
(b)
The area of turf associated with a residential development shall
be equal to 50% of the lot area. The Planning Board may allow for
a reduction in this value based upon area calculations performed from
an engineered site plan. Where landscaped areas are proposed to be
unfertilized on a site plan, the burden of proof will be on the applicant
to provide assurance that the area will not be fertilized in the foreseeable
future based on plant selection and landscape design.
(6)
Recharge rates. Recharge rates assigned to the site shall be based
on preexisting hydrologic soils groups in accordance with the following
table:
|
NRCS Hydrologic Soils Group
|
Recharge Rate
(inches per year)
| |
|---|---|---|
|
A Soils
|
24
| |
|
B Soils
|
18
| |
|
C Soils
|
10
| |
|
D Soils
|
3
| |
|
Wetlands and surface waters
|
0
|
(7)
Nutrient loading from impervious surfaces. Nitrogen loading from
impervious surfaces will be calculated by multiplying the appropriate
nitrogen loading coefficient by the recharge rate associated with
the soil that will be covered by the impervious surface. This approach
is based on the assumption that post-development recharge volumes
shall approximate pre-development recharge rates pursuant to the Massachusetts
Stormwater Standards. Where an alternative approach is used specifically
for redevelopment pursuant to the Massachusetts Stormwater Standards,
the Planning Board may accept annual recharge volume calculations
associated with impervious cover that are provided and stamped by
the applicant's engineer.
(8)
The final average concentration of nitrogen. The final average concentration
of nitrogen in groundwater shall be calculated by dividing the total
annual mass load of nitrogen by the total annual volume of recharge
and shall be expressed as milligrams per liter (mg/l).
D.
Aggregate concentration calculations. For those applicants who require a special permit pursuant to § 305-13.03E(4)(d) of the Zoning Bylaw, an aggregate concentration calculation shall be developed to demonstrate that the concentration of nitrogen in groundwater shall not exceed five mg/l at the boundary of the Zone I for the public water supply.
(1)
Description of calculation. The aggregate concentration calculation
is used to examine the aggregate effect of adding larger individual
wastewater systems to the district. These analyses determine the area
that the wastewater effluent will occupy on its way to the Zone I
boundary, and the extent to which the flow is or is not diluted by
overlying land use activity. Similar to on-site nitrogen loading calculations,
the aggregate concentration calculations will use a mass balance approach,
dividing the total load of nitrogen from overlying land uses by the
annual volume of recharge to determine an average downgradient concentration.
(2)
Area of impact (AOI). The nitrogen aggregation calculation shall
first determine the AOI created by the plume from the leach field
of the on-site wastewater treatment system. The applicant shall develop
a flow net analysis that includes a groundwater mounding analysis
to delineate the wastewater plume as it travels from the leach field
to the edge of the Zone I.
(3)
Calculating nitrogen concentration. The concentration of nitrogen at the Zone I boundary shall be calculated using the same assumptions as those provided in § 417-4B of these regulations. To estimate the different land use categories for areas within the AOI that are off site, the applicant shall use best available information from readily available GIS databases. Interpretation of aerial photography to estimate the coverage of different land features may be allowed along with any vector files that represent impervious cover. The Planning Board shall make the final determination as to which data is the best suited for the analysis.
All applications shall be accompanied by two certified checks
made payable to the order of the Town of Marshfield. One check shall
be for administrative fees and the second check shall establish an
individual special account. Any additional payments required shall
be made within 30 days of the billing date.
A.
Administrative fees. The filing fee shall be as provided in Chapter 420, Fee Schedule, for a special permit application.
[Amended 7-24-2017]
B.
Consultant review fee/special account.
(1)
Every special permit application shall be required to file the minimum review fee to establish an individual special account. If, in addition, this minimum amount is not sufficient to cover the entire cost of the review, the Board shall adjust said special account. The minimum fee and the adjustment schedule are as provided in Chapter 420, Fee Schedule.
[Amended 7-24-2017]
(2)
Where specific conditions arising from the land or the nature of
the proposal necessitate the assistance of a planning, engineering,
traffic, soils, hydrologic or other consultant(s), the Planning Board
may engage such consultant services to assist the Board in analyzing
the project to ensure compliance with all relevant laws, bylaws, regulations,
good design principles and state of the art technology. The Board
may require that applicants pay a review fee consisting of the reasonable
costs to be projected to be incurred by the Board for the employment
of consultants engaged by the Board to assist in the review of the
application.
(3)
Funds received by the Board pursuant to this section shall be deposited
with the Town Treasurer/Collector who shall establish a special individual
account for this purpose. Expenditures from this special account may
be made at the direction of the Board, without further appropriation.
Expenditures from this special account shall be made only in connection
with the review of a specific project or projects for which a review
fee has been or will be collected from the applicant. Failure of an
applicant to pay all review fees shall be grounds for denial of the
application or permit.
[Amended 7-24-2017]
(4)
Review fees may only be spent for services rendered in connection
with the specific project for which they were collected. Accrued interest
may also be spent for this purpose. At the completion of the Board's
review of a project, any excess amount in the account, including any
interest, attributable to a specific project shall be repaid to the
applicant or the applicant's successor in interest. The applicant
must submit a written request for these funds. A final report for
said account shall be made available to the applicant, upon request,
or the applicant's successor in interest. For the purpose of this
regulation, any person or entity claiming to be an applicant's successor
in interest shall provide the Board with the documentation establishing
such succession in interest.
(5)
Any applicant may take an administrative appeal from the selection
of the outside consultant to the Select Board, provided that such
appeal is taken within 14 days of notification of the Board's appointment
of the consultant. The grounds for such an appeal shall be limited
to claims that the consultant selected has a conflict of interest
or does not possess the minimum required qualifications as may be
set by the Board. The minimum qualifications shall consist either
of a four-year college level educational degree in, or one related
to, the field of knowledge at issue or three or more years of practice
in the field at issue or a closely related field. Minimum qualifications
may be increased at the Board's discretion depending upon the complexity
and importance of the proposed project. The required time limit for
action upon an application by the Board shall be extended by the duration
of the administrative appeal. In the event that no decision is made
by the Select Board within one month following the filing of the appeal,
the selection made by the Board shall stand.
[Amended 10-18-2021 STM by Art. 32]
C.
Other costs and expenses. The Planning Board shall write the public
hearing notice and furnish the notice to the applicant. The applicant
is responsible for paying the cost of the legal advertisement in the
newspaper. The notice of public hearing shall be mailed certified
delivery by the applicant to all parties in interest not less than
10 days before the date of the public hearing. The applicant is responsible
for the costs associated with mailing the notice to abutters and any
parties in interest by certified mail, return receipt requested. Return
receipts are to be addressed to the Planning Board for further verification.
D.
Modification. The administrative fee to modify an existing special permit is established in Chapter 420, Fee Schedule. The applicant shall submit a check made out to the Town of Marshfield at the time of the request to modify the WRPD special permit.
[Amended 7-24-2017]
E.
Fee waiver. Fees can be waived for applications from the Town of
Marshfield and religious and nonprofit organizations, at the discretion
of the Planning Board, on a case-by-case basis.
[Amended 7-24-2017]
A.
Review by other Town agencies. Prior to its formal review, the Planning
Board shall distribute copies of the plans and supporting documents
and information (within five business days of the receipt of the complete
application) to the following Town departments: Conservation Commission,
Department of Public Works, Board of Health, and Police and Fire Departments.
These departments shall have 35 days to review and submit written
comments to the Board. Failure of the various boards and commission
to make comments within the thirty-five-day time frame shall be deemed
lack of opposition thereto.
B.
Report on special permit decision. If a special permit decision does
not incorporate the suggestions and/or requirements of any properly
filed report(s) from other Town departments or boards, or from other
entities commissioned by the Planning Board, or is issued contrary
to advisory reports, the Planning Board shall issue a written decision
stating the reasons for not following the recommendations or requirements
of said report(s).
C.
Procedural report.
(1)
The Board, acting as the special permit granting authority, shall
follow all procedural requirements of MGL c. 40A, § 9. All
applicants are advised to review this chapter in order to understand
the special permit granting process.
(2)
Public hearing. The Planning Board shall schedule a public hearing
within 65 days of receipt of an application. Notice of said hearing
shall be advertised in newspapers of general circulation in the Town
of Marshfield and mailed to parties of interest as required.
(3)
Action by the Board. Within 90 days of the close of the public hearing,
the Planning Board shall file a decision with the Town Clerk, indicating
approval, conditional approval, or denial of the special permit. When
a petition or application has been voted upon and the meeting adjourned,
there shall be no reconsideration of a decision for that application
by the Board.
A.
Withdrawal of application. An application may be withdrawn without
prejudice by an applicant by notice in writing to the Planning Board,
which notice the applicant shall also deliver to the Town Clerk, at
any time prior to the first publication of the notice of the public
hearing. After such notice, withdrawal of an application shall be
permitted only by Board vote, which shall consist of a majority present
and voting.
B.
Reconsideration. No vote on an application may be reconsidered after
the meeting has adjourned.
C.
Appeals. Any person aggrieved by a decision of the Board as special
permit granting authority may appeal such decision as provided in
MGL c. 40A, § 17, within 20 days after such decision has
been filed in the office of the Town Clerk.
D.
Reapplication. No application which has been unfavorably and finally acted upon by the Board shall be reconsidered for a special permit within two years after the date of the said final unfavorable action, unless the Board finds, by vote of four members, specific and material changes in the condition upon which the previous unfavorable action was based and such changes are described in the record of the Board's proceedings, and after notice is hereby given to parties in interest of the time and place of the proceedings to reconsider in the same manner as provided for in § 417-6C of these rules and regulations.
E.
Lapse of special permit. No special permit shall be authorized by
the Board without the express condition that it will lapse if substantial
use under the permit is not commenced within two years from the date
of final action by the Board, except for good cause, or the final
determination of an appeal.
F.
Extension of special permit. Approval in all cases is granted for a two-year period from the date of the filing of such approval with the Town Clerk. If a development is not completed in its entirety in that time, the applicant must again petition the Planning Board for an extension of time to complete the project. The applicant shall apply for the extension 30 days prior to the lapse of the special permit. In the event that the project has not been completed within two years of approval and the Planning Board has not granted an extension of the time to complete the project, the special permit approval will have expired. If the special permit has expired, the applicant will be required to request a reinstatement of the special permit approval. The process for reinstatement of the special permit is the same as the process required for a new special permit as specified in these rules and regulations, in § 305-13.03 of the Zoning Bylaw and as required in MGL c. 40A, § 9. All applications under this section must comply with the bylaw and its rules and regulations in force at the time of application.
[Amended 7-24-2017]
G.
Recording. No special permit shall take effect until a copy of the
decision, bearing the certification of the Town Clerk that 20 days
have elapsed after the filing of the decision and no appeal has been
filed, is recorded in the Registry of Deeds and is indexed under the
name of the record owner of the land. Proof of recording at the Registry
of Deeds or in Land Court as applicable shall be provided to the Planning
Board.
The provisions of these rules and regulations are severable.
If any provision of these rules and regulations is held invalid, the
other provisions shall not be affected thereby. If the application
of these rules and regulations or any of their provisions to any person
or circumstances is held invalid, the application of these rules and
regulations and their provisions to other persons and circumstances
shall not be affected thereby.
Full compliance with these rules and regulations may be waived
by the Planning Board, provided such waivers are deemed to serve the
public interest and are not conflicting with MGL c. 40A. Requested
waivers shall be submitted in writing at the time of the application.
Waivers may only be granted through a majority vote of the Planning
Board.
[Amended 7-24-2017]
Written notice of any violation of these rules and regulations
shall be provided by the Building Commissioner to the owner of the
premises, specifying the nature of the violations and a schedule of
compliance, including cleanup of any spilled materials. This compliance
schedule must be reasonable in relation to the public health hazard
involved and the difficulty of compliance. In no event shall more
than 30 days be allowed for either compliance or modification of a
plan for longer-term compliance. In the enforcement of these rules
and regulations, the Building Commissioner shall notify the Health
Inspector of any violations and seek the Health Inspector's and/or
Agent's assistance.
