The purpose of this bylaw is to protect the wetlands, related
water resources, and adjacent land areas in the Town of Mansfield
by controlling activities deemed by the Conservation Commission likely
to have a significant impact, or cumulative effect, upon wetland values,
including, but not limited to, the following: protection of public
or private water supplies and groundwater, flood control, erosion
and sedimentation control, storm damage prevention, water pollution
control, protection of fisheries and wildlife habitat, and preservation
of open space (collectively, and hereinafter, "the wetland values"
protected by this bylaw). This bylaw is adopted under the Home Rule
Amendment of the Massachusetts Constitution and the Home Rule Statutes,
and is independent of the Wetlands Protection Act, MGL c. 131,
§ 40, and any regulations applicable to such Act.
It is presumed that work which is proposed to occur within any
resource area or within the buffer zone of any resource area has the
potential to create significant adverse impacts on the resource area.
Therefore, any activity proposed to occur within the resource area
or the buffer zone area will require the filing of a notice of intent
application. The Commission may condition the proposed activity to
protect the resource area(s); or if no condition exists to protect
the area, then the Commission may deny the project. For activity proposed
to occur between 50 feet and 100 feet away from any resource area
(except a certified vernal pool), the applicant may file a request
for determination of applicability (RDA). If an RDA is filed, the
Commission may permit, with any necessary conditions, the work based
on the plans submitted or can require the filing of a notice of intent.
The person filing an application with the Commission shall have
the burden of proving by a preponderance of credible evidence that
the work proposed will not have a significant impact, or adverse cumulative
effects, upon the resource area(s) in question and the associated
wetland values. Failure to provide adequate evidence to the Commission
supporting this burden shall be sufficient cause for the Commission
to deny a permit, or grant a permit with conditions necessary to provide
protection for the resource area.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.
[Added 5-19-2015 ATM by
Art. 34]
A. The Commission, at its discretion, may grant variances from strict compliance with this Wetlands Bylaw. Such variances shall be granted only in rare cases and only in accordance with the provisions of this §
220-8.
B. A variance
may be granted only for the following reasons and upon the following
conditions:
(1) Lack
of alternatives; mitigating measures proposed; unconstitutional takings.
(a) The Commission finds that there are no reasonable conditions or alternatives
that would allow the project to proceed in compliance with the performance
standards in these regulations.
(b) Mitigating measures are proposed that will allow the Commission to
set conditions on the project so that it contributes to the protection
of the resource values identified in this Wetlands Bylaw.
(c) The variance is necessary to avoid a decision that so restricts the
use of the property that it constitutes an unconstitutional taking
without compensation.
OR
(2) The
variance is necessary to accommodate an overriding community, regional,
state, or national public interest. In the case of owner-occupied
single- or two-family residences, mitigation which improves the resource
area quality may be considered to accommodate the public interest.
C. Alternatives
analysis.
(1) Any
project proponent seeking a variance must demonstrate that the project
results in no adverse impacts to wetland values defined under the
Mansfield Wetlands Protection Bylaw and that no feasible alternatives
exist. To demonstrate there are no feasible alternatives and that
the proposed project will result in no adverse impact to wetland resource
areas, an alternatives analysis must be submitted as part of the variance
request. The purpose of the alternatives analysis is to design and
propose activities so that impacts to resource areas are minimized
or avoided. Therefore, the alternatives analysis shall focus on the
assessment of impacts from the alternatives being considered.
(2) Guidelines.
The scope of alternatives to be considered will be commensurate with
the type and size of the proposed project.
(3) The
alternatives analysis must include the following:
(a) A brief, clear description of the project, including the type, size
and proposed use of project(s) and project objective;
(b) A summary of alternatives to the proposed project;
(c) A summary of potential environmental benefits of the project;
(d) A summary of potential environmental impacts of the project;
(e) A list of any mitigation measures for the project;
(f) A timetable, approximate cost and the methods and timing of construction
of the project.
(4) Alternatives
to the project. Alternatives shall be considered in terms of the proposed
use and objectives of the project. The analysis of alternatives shall
highlight the potential environmental impacts of each alternative.
This includes both short-term and long-term impacts as well as cumulative
impacts.
(5) Examples.
The following are examples of the scope of alternatives for various
projects:
(a) Single-family house project: The scope of alternatives shall be limited
to the lot on which the work is proposed.
(b) Residential subdivisions: The scope of alternatives shall be limited
to the original parcel, the subdivided parcels, adjacent parcels and
any other adjacent land that can be reasonably obtained.
(c) Commercial development: The scope of alternatives shall include lots
that can accommodate the project purpose, be appropriately zoned,
are available for sale and be within the Town at the time of application.
If no such lot exists, the Commission may request an alternative analysis
of lots located within the market area that meet all other specifications.