A. 
When a proposed activity will remove, fill, dredge, build upon, degrade, discharge into or otherwise alter a resource area, the Commission shall presume that said area is significant to the interests identified. The burden shall be on the applicant to overcome the presumption of significance.
B. 
Any person who files a notice of intent, request for determination or other permit application, to perform any work within an area subject to protection or within the buffer zone to any resource area, has the burden of demonstrating to the Commission beyond any reasonable doubt:
(1) 
That the area is not significant to the protection of any of the interests identified; or
(2) 
That the proposed work within a resource area will contribute to the protection of the interests by complying with the general performance standards for that area; or
(3) 
That proposed work within the buffer zone will contribute to the protection of the interests identified; except that proposed work which lies both within the riverfront area and within all or a portion of the buffer zone to another resource area shall comply with the performance standards for both areas, with the strictest performance standards being required to be met.
C. 
Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny the application or to grant the permit with limits or conditions which modify the proposed project.
A. 
Review of projects which fall under the Town of Sturbridge Wetlands Bylaws shall be based on reasonable use of property based on pre-subdivided lot lines and on any other land owned in common or in common interest or which is reasonably obtainable as detailed in the Alternatives Analysis Basis of Request and Scope of Alternatives in the Appendices of these regulations.[1]
[1]
Editor's Note: The Appendixes are included as attachments to this chapter.
B. 
Any deliberations and decisions issued by the Commission, based on state law or regulation, shall be based on reasonable use of property based on lot lines as they existed at the time of the adoption of the referenced laws and regulations and on any other land owned in common or in common interest or which is reasonably obtainable as detailed in the Alternatives Analysis Basis of Request and Scope of Alternatives in the Appendices of these regulations. See § 365-4.3 of these regulations for a listing of effective dates for laws and regulations.
C. 
For projects which must comply with state law, the Sturbridge Wetlands Bylaw, state or local regulation, or policy, the strictest regulations shall apply.
D. 
Developments or projects, whether subdivisions or not, owned in common by an individual, a corporation or a group of individuals with a common interest, with adjacent or bordering lot lines, whether during or prior to a project proposal, shall be considered a single project. Review, approval or denial, and conditioning shall be based on the cumulative impacts of the project and pre-divided site, as a whole, not on individual or separate parts of the project.
A. 
The Commission allows some minor activities without review, including:
(1) 
Removal of invasive aquatic vegetation on a lakebed during drawdown is permitted by hand. No power equipment may be used.
(2) 
Removal of dead or broken tree limbs, and limited dead brush. Note: Removal of dead or dying trees will require filing of a tree removal application with the Conservation Commission.
B. 
Basic yard maintenance. Basic yard maintenance is considered to be raking, mowing and non-chemical yard grooming, with all clippings, cuttings or grooming materials properly disposed of outside of the resource area and buffer.
(1) 
The following do not constitute normal maintenance: stripping embankments, grading, installing retaining walls or work requiring large power equipment, such as a backhoe or other earth-moving equipment.
(2) 
Inconsequential brush cutting (less than 1/10 of the vegetation removed cumulatively within any five-year period) outside the twenty-five-foot "no disturb" buffer line from any resource area is covered under this policy. This does not include tree cutting.
C. 
For the purpose of this regulation, trees are defined as woody vegetation with a stem diameter of two inches or more at a height of approximately 4 1/2 feet from the ground (dbh).
D. 
Site disturbance dramatically increases the chance of damage to the resource area unless erosion control measures are used correctly and effectively. Use methods that minimize site disturbance, especially minimize both removal of natural vegetation and exposure of bare soil.
(See § 365-6.2.)
A. 
Wetlands Bylaw permit.
(1) 
The following may be permitted through a wetland bylaw permit application filed with the Commission office at least seven calendar days in advance of a public meeting:
(a) 
Any and all work taking place outside of the state 100-foot buffer zone.
(b) 
Any work within the 100-foot WPA buffer zone, which is classified under 310 CMR 10.02(1) as a minor activity under the Wetlands Protection Act.
(c) 
Replacement of beach material which constitutes normal grooming of any existing beach and not the expansion of or creation of a new beach. Grooming is considered to be adding or re-grading in a manner that results in an insignificant change in the amount, nature or distribution of surface materials. The work must be done by hand, with a rake, shovel, similar hand tool or wheel barrow. The work may only be conducted during annual lake drawdown and must be done without disturbance to the buffer zone or lake. Addition of the equivalent of more than one pickup truck load (considered to be two cubic yards) goes beyond normal maintenance. Any sand to be placed on the beach must be washed sand.
(2) 
Wetland bylaw permits must be filled out in their entirety and identify all buffer zone impacts, signed by the property owner and accompanied by a plan. Plans must be at a minimum one inch equals 20 feet for consideration and should be drawn clearly and to scale. Depending on the scope of the project, the Commission has the discretion to require plans to be stamped and signed by a registered professional engineer, architect, landscape architect or surveyor. Plans should always be submitted in a "plan view" and as necessary may be required in a "profile view."
B. 
Tree removal permit application.
(1) 
Removal of trees and woody vegetation may be permitted through a tree removal permit application filed with the Commission office at least seven calendar days in advance of a public meeting.
(2) 
Tree removal within the 200-foot buffer zone must receive prior approval from the Conservation Commission. Tree removal approved in a request for determination or notice of intent does not require separate approval. Trees and natural cover provide excellent protection against erosion, and provide habitat, food and shelter for wildlife in and around the resource area. Trees provide essential shading, direct and indirect cooling and promote good water quality. Root systems provide bank stability and protect against erosion into the resource area. Trees should be retained along and around the resource area as much as possible. Tree removal will only be considered in situations where the tree poses a threat to health or safety by being a hazard or in situations where a tree is diseased or partially dead. Healthy trees which pose no hazard will otherwise not be approved for removal, unless it is determined by the Commission that removal will pose no significant impact to resource area or buffer zone.
(3) 
The Conservation Commission may require planting of up to two trees for each tree removed under a tree removal permit. The Conservation Commission shall consider remaining tree canopy and proximity to the resource area when requiring replacement of trees.
(4) 
Tree removal previously reviewed and approved under an approved forest cutting plan are not subject to this permit.
(See Chapters 40 and 61 of MGL.)
A. 
Limited projects are activities within the existing wetlands which can proceed at the discretion of the Commission without fully meeting the resource area performance standards due to a lack of any practicable alternatives. Self-imposed hardship disqualifies an applicant from limited project consideration.
(1) 
In permitting limited projects, the Commission may issue an order of conditions and impose such conditions as will contribute to the interests identified.
(2) 
No such project may be permitted which will have any adverse effect on specified habitat sites of rare vertebrate or invertebrate species, as identified by DFW-NHESP.
(3) 
In the exercise of this discretion, the Commission shall consider the magnitude of the alteration and the significance of the project site to the interests identified, the availability of reasonable alternatives to the proposed activity, the extent to which adverse impacts are minimized and the extent to which mitigation measures, including replication or restoration, are provided to contribute to the protection of the interests identified.
B. 
Limited project applications. Limited project applications may be approved, provided they are carried out in accordance with the following general conditions and any additional conditions deemed necessary by the Commission:
(1) 
There shall occur no change in the existing topography or the existing soil and surface water levels of the area.
(2) 
No fertilizers, pesticides, herbicides, salts and other such materials shall be used within 200 feet of any resource area except by Massachusetts state-licensed applicators.
(3) 
All activities shall be undertaken in such a manner as to prevent erosion and siltation of adjacent resource area.
(4) 
A minimum of 2:1 in-kind mitigation shall be provided for any and all resource area disturbance. Riverfront resource area shall also be mitigated at a minimum ratio of 2:1.
C. 
Limited project permits may be issued for the following:
(1) 
Work on land to be used primarily and directly in the raising of animals.
(2) 
Work on land to be used primarily and directly in the raising of forest products under a planned program.
(3) 
The construction, reconstruction, operation and maintenance of underground and overhead public utilities.
(4) 
The construction and maintenance of a new roadway or driveway of minimum legal and practical width (provided general performance standards for alteration are met).
(5) 
Maintenance and improvement of existing public roadways.
(6) 
The excavation of wildlife impoundments, farm ponds and ponds for fire protection.
(7) 
The maintenance of beaches and boat launching ramps which existed on April 1, 1983; documentation of such is the responsibility of the applicant.
(8) 
The maintenance, repair and improvement (but not substantial enlargement) of structures, including dams and reservoirs which existed on April 1, 1983. When water levels are drawn down for the maintenance, repair or improvement of dams or reservoirs or appurtenant works to such dams or reservoirs, water levels that existed immediately prior to such projects being undertaken shall be restored upon completion of the work, and a new notice of intent need not be filed for such restoration.
(9) 
The construction and maintenance of catwalks, footbridges, wharves, docks, piers, boathouses, boat shelters, duck blinds, skeet and trap shooting decks and observation decks; provided, however, that such structures are constructed on pilings or posts so as to permit the reasonably unobstructed flow of water and adequate light to maintain vegetation.
(10) 
The routine maintenance and repair of road drainage structures, including culverts and catch basins, drainage easements, ditches, watercourses and artificial water conveyances to insure flow capacities which existed on April 1, 1983.
(11) 
Lake drawdown projects (except those related to the breaching of a dam or a reservoir or an appurtenant work to such dam or reservoir) undertaken in response to written orders or recommendation letters issued by the Department of Environmental Management, Office of Dam Safety (DEM). In no event shall a drawdown continue longer than three years without a new or extended order of conditions being obtained. Water levels that existed immediately prior to such drawdowns shall be restored no later than the expiration date of the order of conditions or any new or extended order of conditions, and a new notice of intent need not be filed for such restoration.
(12) 
The exploration, development, construction, expansion, maintenance, operation and replacement of public water supply wells or wellfields (including necessary associated roads, ways, structures and underground and overhead utility lines).
(13) 
The closure of landfills.
(14) 
Assessment, monitoring, containment, mitigation and remediation of, or other response to, a release or threat of release of oil and/or hazardous material solely to reduce contamination to a level lower than that which is needed to achieve "no significant risk" as defined in 310 CMR 40.0006.
D. 
The Commission may issue an order of conditions for projects which will improve the natural capacity of a resource area(s) to protect the interests identified. No such project may be permitted which will have any adverse effect on specified wildlife habitat sites of rare or state-listed vertebrate or invertebrate species. Such projects include, but are not limited to, the removal of aquatic nuisance vegetation to retard pond and lake eutrophication and the thinning or planting of vegetation to improve habitat value.
A. 
Title 5.
(1) 
Subsurface sewage disposal systems are to be constructed in compliance with the requirements of 310 CMR 15.00 or the more stringent Town of Sturbridge Board of Health requirements. Approval for compliance with Title 5 will be deferred to the local Board of Health.
(2) 
Impacts from the construction of said systems are not deferred and must be brought before the Commission. Impacts from construction shall be minimized by the placement of erosion and sedimentation controls during excavation and soil transfer, by limiting the placement of fill, by confining the removal of vegetation to that necessary for the footprint of the system and by taking other measures deemed necessary by the Commission.
B. 
Percolation (perc) testing.
(1) 
The Conservation Commission Agent shall sign off on all perc test applications that are submitted to the Board of Health. The plan attached to said application shall show any wetland or resource areas on site or within 200 feet of the proposed perc location(s). The proximity of the test pit location to the resource area shall be identified on the plan. The plan should include the proposed access to the perc site and approximate linear distance from the access drive to the resource area. Potential impacts to soils or vegetation must be noted. Time and day of the scheduled perc test must be noted. A contact name and phone number or address must be included. The perc site must be staked in the field (colorful indicators are appreciated). It is understood that this plan will not be considered a formal wetland delineation, nor will it be considered an approved site plan by the Commission. It is a field indicator, which the Commission can use to prevent impacts to resource areas prior to any formal Commission review process. The Commission understands the need for the perc process to precede the design and permit application process. The SCC still has the responsibility to prevent adverse impact to resources, regardless of whether a future permit will be filed.
(2) 
As needed, a Commission representative will visit each site as quickly as possible to verify the details of the plan submitted. For sites for which access comes within 50 feet of a resource area, a Wetland Protection Act permit will be required. (A minimum of a two-week notice is required to schedule a site visit.) Plans for sites which must cross a resource area to access a perc location must be filed as a request for determination with the Commission. (The applicant should plan to follow the four- to six-week standard public hearing permit time schedule.) Sites where the perc location is more than 100 feet from a resource, and where the access location is more than 50 feet from any resource, may proceed with the perc test even if a representative of the Commission has been unable to get to the site prior to the scheduled test.
(3) 
Applicants should be aware that if wetland soils or vegetation is disturbed on a site because a submitted plan incorrectly described the site, the Commission will consider this a self-imposed hardship on the part of the applicant and issue an immediate cease and desist order to the property owner and contractor. All work on site will stop and no further work of any kind will be allowed until full restoration and remediation is realized in the resource area and buffer, regardless of future plans for the site. This remediation process will take a year or more as vegetation and soils do not quickly recover from disturbance and damage.
(4) 
Accordingly, it would be in the best interest of applicants to keep clear of wetlands and resource areas in planning perc locations. If it is necessary to impact resource areas, plans should clearly and accurately reflect this.
A. 
Minimum stormwater standards to be implemented for the Town of Sturbridge Conservation Commission purposes shall include the following, where appropriate: Sediment forebays are required in all stormwater basins (i.e., detention basins, infiltration basins, etc.); sediment traps; oil and grease traps, and hoods in all catch basins; check dams; stabilized construction entrances through the use of trap rock or other similar products; multi-chamber catch basins; all systems shall provide for slow release of stormwater and runoff into receiving waters or drainage systems.
(1) 
To facilitate the percolation of runoff through the soil to groundwater and to help reduce stormwater runoff and reduce pollutant migration, infiltration basins and pervious surfaces shall be utilized, wherever possible.
(2) 
Vegetative features that maintain and improve natural site hydrology shall be implemented where possible. These include but are not limited to grassed swales, vegetated filter strips/buffers or rain gardens and detention basins.
B. 
Federal Phase II stormwater requirements.
(1) 
All single projects disturbing an area equal to or greater than one acre, whether the work is contiguous or not, shall comply with Federal Phase II stormwater requirements. For stormwater considerations, developments, whether subdivisions or not, on lands subdivided after January 1, 2002, shall be considered a single project. Developments or projects, whether subdivisions or not, owned in common by an individual, a corporation or a group of individuals with a common interest, with adjacent or bordering lot lines, shall be considered a single project. This includes multiple ANR lots.
(2) 
Stormwater controls shall be implemented for all projects to meet Phase II standards during the course of construction as well as for post-construction. To prevent erosion from leaving the site, best management practice measures shall include trap rock at all entrances and exits from the property until said entrances are permanently stabilized.
C. 
80% total suspended solids (TSS) removal for new construction. 80% TSS removal is to be considered the absolute minimum. Understanding that removal rate decreases with the age of the system, the expected target for initial removal for new projects shall be in excess of 90% TSS removal. Stormwater maintenance plans must be submitted to and approved by the DPW Director before the SCC will accept them. DPW approval shall be indicated by signature and date from the DPW Director.
D. 
80% TSS removal for previously developed sites. For redevelopment of previously developed sites, applicants must take every measure available to reach the highest possible TSS removal for the entire site. Applicants must document and present scientific evidence why the site cannot meet a minimum of 80% removal before a waiver from these regulations will be granted.
A. 
The Commission prohibits the use of pesticides, fertilizers and herbicides within the 100-foot buffer and prohibits the use of salts, quick-release pesticides, quick-release fertilizers and quick-release herbicides within the 200-foot buffer.
B. 
The only exemptions to these regulations are the application of herbicides within the buffer zone to a resource area, and application of salt in areas for the express interest of public safety where no other measures are adequate or practicable. The herbicide exemption applies only if the work is performed in accordance with such plans as are required by the Department of Food and Agriculture pursuant to 333 CMR 11.00 and is applied by a Massachusetts state-licensed applicator. Rights-of-way management shall apply only if the person proposing such activity has requested and obtained a determination of the boundaries of the buffer zone and areas subject to protection and has submitted that determination as part of the vegetation management plan. The salt exemption must be brought before the Commission using an RDA application prior to seasonal needs. Such exemptions are allowed for public utilities for work on structures or facilities used in the service of the public. Notification of aquatic or terrestrial herbicide treatment, to the Commission, the local Board of Selectmen and local Board of Health is required at least 30 days in advance of the treatment.
A. 
Upon receipt of any permit application (wetland bylaw permit, tree removal permit application, notice of intent, notice of resource area delineation or request for determination), or at any time during the hearing process, the Conservation Commission is authorized to require the applicant to pay for the reasonable costs and expenses of any consultant(s) deemed necessary by the Commission to review the application. These costs and expenses shall be paid directly to the Town of Sturbridge by the applicant, to be deposited in an agency account by the Town Treasurer. The Commission or its representative shall then authorize payment to the consultant after submittal and acceptance of documentation of said review. The exercise of discretion by the Conservation Commission in making a determination that outside consultant expertise is required shall be based on its reasonable finding that additional information or verification acquirable only through outside consultants would be necessary for the making of an objective decision. The specific consultant services may include, but are not limited to, performing or verifying area survey and delineation; analyzing wildlife habitat evaluations, hydrogeologic and drainage analysis; and researching environmental or land use law.
B. 
For all subdivision projects and commercial/industrial projects, the Commission may require a peer review as a matter of course for all delineations, proposed infrastructure, drainage calculations, proposed mitigation areas, construction sequence and associated work.
C. 
The Conservation Commission or its Agent will solicit three quotes by qualified consultants. The Commission, or, if appointed, its Agent, will choose a consultant to independently review the submitted material and make recommendations for revisions to ensure the application complies with all applicable state and local laws administered by the Conservation Commission.
As part of any permit issued under these regulations, in addition to any security required by any other municipal or state board, agency or official, the Conservation Commission may require that the performance and observance of the conditions impose hereunder be secured wholly or in part by one or more of the methods described below:
A. 
By a proper bond or deposit of money or negotiable securities or other undertaking of financial responsibility sufficient in the opinion of both the Commission and the Town of Sturbridge DPW Director. This bond may be held in common with another Town board or agency for which the same restoration work is being bonded. Written, signed agreement that both boards will sign off prior to release of funds will be required.
B. 
By a conservation restriction, easement or other covenant approved by both the Commission and the Department of Environmental Management, where applicable, which is enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of Sturbridge whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed.
C. 
If a lot covenant is used in place of a bond, the minimum allowed will be 150% of the market value of the designated lots deemed equivalent to the current cost of restoration as stated by the Town DPW Director. This is to account for possible downward fluctuation in market value during the course of the project.
A. 
A self-imposed hardship is a circumstance brought on by decisions made by the landowner, such as:
(1) 
Failure to consider wetlands when subdividing land.
(2) 
Selling off upland access which results in a project that cannot meet performance standards.
(3) 
Purchasing land knowing that all upland access to the property interior had previously been subdivided off.
(4) 
Disregarding impacts to the resource area.
B. 
The applicant or landowner is advised to prevent situations where they may create their own hardship by not carefully considering all likely impacts to areas subject to the Wetland Protection Act or the Sturbridge Wetlands Bylaw and Regulations.
C. 
Projects may not be segmented in such a way that would limit the ability of the Conservation Commission to review all options and alternatives and take into consideration the resource area impacts.
D. 
The applicant must disclose full development plans, even if such plans are not required as part of the notice of intent process.
E. 
In determining whether a self-imposed hardship has been created, the SCC shall take into account whether alternatives exist/existed, including any lots currently or formerly owned by an applicant, and any other land which can be reasonably obtained.
F. 
No special consideration will be given for not being aware of the requirements of the Wetlands Protection Act, 310 CMR 10.00, the Town of Sturbridge Wetlands Bylaw, the Town of Sturbridge Conservation Commission Regulations or Policies or any part thereof.
G. 
No special consideration will be given for self-imposed hardships. No special consideration will be given for not being aware of the requirements of the Wetlands Protection Act, 310 CMR 10.00, the Town of Sturbridge Wetlands Bylaw, the Town of Sturbridge Conservation Commission Regulations or Policies or any part thereof. No special consideration will be given for those who seek and obtain Planning Board subdivision approval and partially develop parcels, lots or projects of any type prior to delineating and determining resource area boundaries and the 200-foot buffer zone to same.