[HISTORY: Adopted by the Conservation Commission of the Town
of Longmeadow 6-26-2019. Amendments
noted where applicable.]
A.
These regulations
are intended to minimize post-application redesign, maximize efficiency
in project review and minimize delay in the permitting process by
providing applicants and their consultants with lists of information
that address the concerns of the Town of Longmeadow General Wetlands
Bylaw.
B.
The Longmeadow
Conservation Commission recognizes the fact that environmental review
is necessarily a site-specific process. This information is, therefore,
intended to be taken in the broadest sense. The Commission intends
that consultants have maximum flexibility in design and freedom to
employ innovative techniques to minimize adverse environmental impacts
of various projects. Preapplication conferences and site visits, especially
for large, complex or unusual projects, are encouraged.
C.
These regulations are intended to supplement regulations and requirements for wetlands filings made under the Massachusetts Wetlands Protection Act, MGL c. 131, § 40, and amendments thereto, in the Town of Longmeadow. All filings made under the Wetlands Protection Act (MGL c. 40, § 131) are also subject to the Town's local General Wetlands Bylaw (Chapter 304 of the General Bylaws). Some projects located in or near isolated wetlands may be subject only to the constraints of the Town bylaw. Where any of the environmental effects are judged negligible in the opinion of the Conservation Commission and do not constitute part of a cumulative pattern of activities, detailed data may not be required.
A.
Who should
submit: any person or persons intending to remove, fill, dredge, alter
or build upon or within 200 feet of a perennial stream, brook or river
or within 100 feet of any intermittent stream, brook, or creek or
within 100 feet of any bank, freshwater wetland, beach, flat, marsh,
wet meadow, bog, swamp, pond or lake, or upon or within 100 feet of
any land under said waters or upon or within 100 feet of any land
subject to flooding or inundation, or within 100 feet of the 100-year
flood line.
B.
What to
submit:
(1)
The
applicant should submit a single application for a permit/notice of
intent. The state form shall suffice as a submission pursuant to the
Massachusetts Wetlands Protection Act and the Longmeadow General Wetlands
Bylaw.
(2)
Plans,
maps and data required by the Conservation Commission are hereinafter
specified.
(3)
Only
the notice of intent application is subject to a Town and state filing
fee. The Town filing fee is a fixed $25 per application. The state-imposed
fee (of which the Town receives a portion) is based upon the scope
of work proposed. Please contact the Commission if assistance is required
to determine the state filing fee. Refer to the notice of intent fee
transmittal form for instructions on where to send the state's portion
of the filing fee.
C.
When to
submit: at least 31 days before any work whatsoever is scheduled to
begin on land under jurisdiction of the bylaw. This time frame includes
the ten-day appeal period.
D.
How to
submit:
(1)
By
certified mail or hand delivery to:
(a)
Longmeadow Conservation Commission, 20 Williams Street, Longmeadow,
MA 01106. Include one original and seven copies of items listed above
in "What to submit"[1] and a check for the Town filing fee, combined with the
Town's share of the state-imposed filing fee, made payable to the
Town of Longmeadow. No fee is required for Town, county, state or
federal projects.
(b)
Massachusetts Department of Environmental Protection, 436 Dwight
Street, Springfield, MA 01103. Include two copies of items listed
in "What to submit."
(2)
Upon
request by the Conservation Commission, additional copies of the application
without supporting documents will be delivered by the applicant to
the Planning Board, Select Board, Board of Health, Building Commissioner,
and Director of Public Works.
[Amended 11-16-2022]
E.
Request
for determination of applicability. Any person who desires a determination
as to whether the bylaw applies to an area, or work to be performed
on said area, shall submit a written request to the Longmeadow Conservation
Commission. A written determination of applicability shall be valid
when signed by a majority of the Conservation Commission and shall
be rendered within 21 days after the date of receipt of all necessary
materials.
A.
No application will be accepted as complete unless and until all
information requested is clearly and properly submitted.
B.
If the Commission determines that an application for permit/notice
of intent is incomplete or improper, it shall notify the applicant
within 21 days of the date of receipt. The Commission, at its discretion,
may:
C.
Filings to the Longmeadow Conservation Commission and the Department
of Environmental Protection must be submitted at the same time and,
except for the check and number of copies, must be identical.
D.
No work whatsoever may take place on any land under jurisdiction
of the bylaw until all the following are fulfilled:
(1)
At least 21 days have elapsed since the application for permit/notice
of intent was properly filed.
(2)
The appeal period of 10 business days has elapsed since the permit/order
of conditions was issued.
(3)
Applicant has recorded final permit/order of conditions in the Registry
of Deeds for Hampden County in Springfield and has furnished the Conservation
Commission with a copy of this order, showing book and page.
A.
The filing procedures and application under the Town of Longmeadow
General Wetlands Bylaw shall be identical in form to a notice of intent
filed pursuant to MGL c. 131, § 40. In addition, the Conservation
Commission requires that the applicant pay for the services of any
consultant hired by the Commission in connection with the application.
B.
The Conservation Commission shall hear any oral presentation under
the Town of Longmeadow General Wetlands Bylaw at the same public hearing
required to be held under the provisions of MGL c. 131, § 40.
Definitions, time frames and procedures, insofar as applicable, set
forth in said chapter and section and in the regulations promulgated
by the Department of Environmental Protection on April 1, 1983, and
subsequent revisions, are accepted as part of these general provisions.
C.
Any hearing held under the bylaw may be continued for a reasonable
time in order to allow the applicant sufficient time to produce information
which the Conservation Commission deems necessary to make a decision
on the impact of the project. As an alternative to continuance, or
after failure or refusal by the applicant to produce additional information
as requested, the Commission may deny the project.
D.
For all projects, including construction of any sort, a written statement
describing construction methodology, including type of machinery to
be used, accessway to the project site, proposed time tables, etc.,
is required.
E.
Any proposal for which the applicant claims economic hardship shall
be accompanied by data sufficient to support such claim.
F.
Projects proposing disruption of 5,000 square feet or more of any
area subject to the bylaw may be required to replace not only the
function of the area to be disturbed but also its physical properties,
characteristics and vegetative cover. Inability to do so where required
may be cause for denial.
G.
Plans, drawings, sketches and calculations shall be stamped, signed
and dated by the person(s) responsible for the preparation. Plans
and drawings involving the practice of surveying or engineering shall
be stamped, signed and dated by the appropriate professional, who
shall be registered in the Commonwealth of Massachusetts.
H.
The Longmeadow General Wetlands Bylaw requires consideration of recreation,
wildlife, erosion issues and threatened and endangered species. A
discussion of the effect of the project on these interests must be
provided.
I.
A "wetland" shall be defined as a biological community that, as a
result of its topography, soil condition, surface water or groundwater
characteristics and plant life, provides increased values to the aquatic
system of the Town.
J.
All work shall be done in such a manner as to prevent eutrophication,
sedimentation, erosion or any other significant negative impact on
wetlands or public and private water supplies.
K.
Projects involving the application of herbicides, deicers, dust controllers
or fertilizers shall supply trade name, components, application rates
and frequencies. In order to project wildlife and water supplies,
the Commission may regulate the above procedures in accordance with
label requirements and current EPA or other official recommendations.
The Commission may also require substitution of other substances or
procedures.
The following items are set out as minimum standards and are
not intended to be a complete and final presentation as to what a
plan should show. The applicant may submit or be required to submit
to the Conservation Commission any further information which will
assist in the review and which is deemed necessary to determine the
proposed effect on the interests protected by the bylaw.
A.
General impacts.
(1)
A USGS quadrangle map indicating the site within the region, i.e.,
a locus map.
(2)
Plan view and cross-section drawings at an appropriate scale, showing
existing and proposed conditions and including the following when
applicable (preparation by a registered civil engineer or landscape
architect recommended):
(a)
Property boundaries.
(b)
Total watershed area in which the site is located.
(c)
Subwatersheds of the site.
(d)
Adjacent impacted sites.
(e)
Elevation above sea level and bench mark used to establish data.
(f)
Contours of the existing site in two-foot intervals (contours
beyond site boundaries may be required where necessary to assess impacts).
(g)
Contours of the proposed site topography in two-foot intervals.
(h)
All statutory wetlands (by botanical criteria) and land subject
to flooding according to the 100-year flood elevations.
(i)
Location of all surface water, temporary or permanent.
(j)
Areas where vegetation will be altered.
(k)
Location of all existing watercourses and any proposed alterations,
including location of temporary erosion control.
(l)
Elevations of inverts, slopes and capacities of all drainage
ditches, culverts or water conductors that will be constructed or
impacted by the project.
(m)
Location and elevation of lowest habitable floor of all structures.
(n)
Location of existing and proposed wells on the site, and all
domestic wells within 100 feet of the site.
(o)
Location and elevation of all septic systems on the site and
within 100 feet of the site.
(p)
Location and date of soil borings with a cross-sectional soil
summary of the boring.
(q)
Location and date of deep test hole and groundwater level determination.
(r)
Location of all existing and proposed rights-of-way, easements
and restrictions.
(s)
Grades indicating the amount of soil and gravel to be removed.
(t)
Limits of construction shown on a plan.
(u)
Location of all houses, roads and other structures shown on
a plan.
(v)
All belowground alterations and structures, including utility
lines, drainage structures and storage tanks.
(w)
A buffer of naturally occurring, undisturbed vegetation measuring
50 feet from the edge of a wetland.
(x)
Location of any public water supply wells within the watershed.
C.
Public or private water supply and groundwater. All surface watercourses,
ponds, springs, wells and aquifer recharge areas are considered potential
water supplies. Any proposed alterations of these resources should
be accompanied by registered engineering data demonstrating that the
alteration will not compromise the public interest.
D.
Storm damage. Complete plans and data should be provided to show
zero change in the peak rate and volume of runoff from the site. Calculations
based on existing conditions and proposed conditions for the ten-,
twenty-five and 100-year storm will be necessary for:
E.
Prevention of pollution, siltation and erosion.
(1)
Where on-site subsurface sewage disposal is to be used, the Conservation
Commission reserves the right to specify the minimum horizontal distance
from any waterway based upon site-peculiar soil conditions.
(2)
Core drilling or test pits to substantiate any localized departure
from the findings of the latest NRCS Soil Maps of the Town will be
necessary. Plans submitted must show location and elevation of leaching
field and elevation of referenced core drillings or test pits.
(4)
Any chemicals, effluents or other substances to be discharged should
be stipulated and shown not to constitute pollution to either surface
water or groundwater.
(5)
Methods of long-term maintenance of proposed surface drainage facilities
should be specified.
(6)
An erosion control plan shall be submitted describing all methods
(temporary, during construction and maintenance support after construction)
to control erosion and siltation in the site.
F.
Construction and excavation setbacks.
(1)
Minimum construction and excavation setbacks will be viewed on a case-by-case basis. Construction includes housing, commercial buildings, garages and similar structures. Information to be assessed should include but not be limited to leaching, erosion, drainage, on-site ponding and general effects on wetlands. Specific attention should be given to the interests protected by the bylaw as stated in § 304-1 of the bylaw. FEMA Flood Insurance Rate Maps and Title 5 Regulations should be used where applicable.
[Amended 11-16-2022]
(2)
A buffer of naturally occurring vegetation measuring 50 feet from
the edge of all wetlands and water bodies must remain undisturbed.
(3)
Recent Longmeadow experience has shown that banks of dingles and
surface drainage gullies are unstable, causing significant volumes
of soil to deposit in streambeds or upon wetlands. Structures located
closed to the top of such banks are threatened with foundation undermining,
requiring costly repairs. As a result of these undesirable situations,
future proposals for construction in a wetland buffer zone must comply
with the setback criteria from the tops of slopes as shown in Figure
1.
 |
|
A
|
=
|
Edge of wetland or bordering vegetated wetland.
|
|
B
|
=
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Intersect of ground surface with a hypothetical slope no steeper
than 2 feet horizontally to every 1 foot vertically from point A.
|
|
d
|
=
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Distance of proposed foundation of any structure from point
B, minimum of 20 feet.
|
(4)
Plans of proposed structures within the 100-foot buffer or 200-foot
riverfront area must include a profile of the area from Point A to
the proposed structure, showing the point of intersection of a hypothetical
2:1 slope from Point A. Plan views should show the location of this
line of intersect and the site marked with a line of stakes.
[Amended 11-16-2022]
(5)
It will be required that all proposed plans for structures in the
buffer zone and adjacent to a dingle bank provide data on one or more
samples of soil core drillings made to a depth equal to the depth
of any soil planned to be disturbed during the construction process
at the proposed location of the foundation adjacent to the top of
the bank.
G.
Landscaping and erosion control.
(1)
Protective cover to be maintained on all embankments facing lakes,
ponds, marshes and streams:
(a)
No removal of flow brush within 50 feet of a wetland; however,
brush may be topped to a height of three feet.
(b)
No clear-cutting of standing trees and surface vegetation, only
selective thinning of standing trees to a spacing not to exceed five
feet from a wetland.
(c)
Pathways and stairs to be allowed only if constructed across
slope at less than 5% grade with switchbacks.
(2)
Preferred method of access down banks bordering water is elevated
stairway.
(3)
Any area proposed for removal of vegetation where soil will be exposed
for more than 10 days shall be mulched, or otherwise treated, to prevent
erosion.
H.
Drainage.
(1)
Calculations shall be supplied for ten-, twenty-five and 100-year
interval storms. Methodology and information sources shall be supplied.
Calculations should show predevelopment conditions and post-development
conditions for comparative purposes.
(2)
Drainage shall be designed to:
(a)
Use infiltrative techniques wherever possible, including leaching
catch basins, retention basins and detention basins.
(b)
Employ vegetated wetlands as receivers for drainage from porous
paving.
(c)
Maximize use of permeable surfaces, including porous paving,
for parking areas.
(d)
Encourage the utilization of open ditches instead of pipes wherever
possible.
(3)
Drainage structures shall be designed to handle at least a twenty-five-year
storm.
(4)
Design shall show no increase in peak volume flow.
(5)
Design shall show no increase in downstream flooding.
(6)
Design shall show no increase in upstream flooding.
(7)
Projects within drawdown and recharge areas for public water supply
wells may not decrease total recharge nor introduce constituents to
surface water or groundwater other than those normally found in domestic
sewage nor in equilibrium concentrations which will exceed safe water
drinking standards as set by the Commonwealth of Massachusetts or
EPA, whichever are more stringent.
(8)
For residential construction projects, methods or handling roof and
driveway runoff shall be shown.
(9)
Any discharge into a wetland or buffer area shall be regulated by
the Conservation Commission under the bylaw whether or not the pipe
actually intrudes into the buffer area or wetland. Design plans must
be submitted to the Conservation Commission for review and approval
in such instances.
I.
Stream relocation and channelization. Applicant shall provide information
on:
(1)
Carrying capacity of stream.
(2)
Bottom sediment.
(3)
Vegetation within stream and on its banks in the area of the proposed
project.
(4)
Water velocities at base flow, mean flow and annual flood flows.
(5)
Calculations to prove that velocities will be the same after relocation
or channelization.
(6)
Erosion and sedimentation control during construction.
(7)
Erosion and bank stabilization control plan for post-construction.
(8)
Proposed time table for construction.
A.
WILDLIFE
WILDLIFE HABITAT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All native species of plants or animals, including invertebrates,
that occur regularly in Massachusetts.
Those areas subject to this section which, due to their habitat
characteristics, such as plant community structure and composition
and hydrologic regime or other characteristics, provide valuable or
desirable feeding, breeding, migratory, overwintering and/or shelter
areas for wildlife.
B.
All wetlands and floodplains, including bordering vegetated wetlands,
banks, land under water bodies, vernal pools, and bordering and isolated
wetlands which due to their habitat characteristics provide valuable
or desirable feeding, shelter, migratory, overwintering or breeding
areas for all species of wildlife that may use these areas are protected
under the bylaw.
[Amended 11-16-2022]
C.
All freshwater wetlands and the 100-year floodplain are presumed
to be significant to wildlife habitat. No alteration will be permitted
unless authoritative documentation is presented showing no ecological
degradation will occur. Such documentation must be credited by a professional
wildlife biologist and approved by the Conservation Commission. The
costs of biological inventories and other studies and actions required
to document the impacts of alteration on wildlife habitats will be
borne by the applicant.
D.
Habitat replication will be considered as adequate mitigation of wetlands alteration only after documentation of complete and functional ecosystem restoration can be presented and approved as under Subsection C above.
E.
Any removal, dredging, filling, or construction within resource areas
containing wildlife habitat is subject to provisions of the Massachusetts
Wetlands Protection Act (MGL c. 131, § 40).
F.
There shall be no alteration of habitat where state-listed threatened
or endangered species are present when it can be shown that alteration
might have a negative impact on the ability of these areas to sustain
these species.
G.
Temporary (vernal, autumnal) pools (as determined by the Massachusetts Natural Heritage Section of the Division of Fisheries and Wildlife) located within the resource areas protected by the bylaw shall be presumed to be significant wildlife habitat unless authoritative documentation can be presented to the contrary as under Subsection C above.
A.
Land in agricultural use which is qualified or eligible to be qualified under the Farmland Assessment Act, MGL c. 61A, §§ 1 through 5, and which contains seasonally flooded basins or flats or wet meadows is permitted normal maintenance and improvement without filing under the General Wetlands Bylaw (Chapter 304, Wetlands Control). "Normal maintenance and improvement" shall mean only:
B.
Improvements of land in agricultural use, such as the building of
ponds, dams, structures for water control and sediment basins and
related activities, require that the applicant include with the application
for a permit under the bylaw a plan for such work approved by the
Conservation District or Natural Resources Conservation Service. All
activity shall subsequently be carried out in accordance with said
plan. In the event that the work is not carried out in accordance
with the required plan, the Conservation Commission may place a stop
order on said work and have recourse to such measures as if the plan
were an order of conditions.
[Amended 11-16-2022]
Plans shall show:
A.
First-floor elevation one foot above 100-year flood elevation and
floodproofed foundation or floodproofed construction up to flood elevation,
plus floodproofed utility, water and sewer connections and septic
systems, where applicable.
B.
Certification of above, either on the plan or by letter under stamp
and signature of a professional engineer or architect registered in
Massachusetts.
C.
One hundred percent flood storage compensation at flood sites must
meet requirements of the federal Flood Insurance Program.
D.
Dredging, filling or alteration of navigable rivers and adjacent
streams and wetlands requires an Army Corps of Engineers permit.
The Conservation Commission may vary these regulations at its discretion after making a finding that the proposed work will not cause significant adverse impact on the interests protected by the Longmeadow General Wetlands Bylaw (Chapter 304).
A.
Upon completion of the project, the applicant shall request a certificate
of compliance, in writing, from the Commission. This request shall
be accompanied by an engineer's certification of the project's compliance
with the order of conditions if the order of conditions included plans
stamped by a registered professional engineer, architect, landscape
architect or land surveyor.
B.
If, after a site inspection, the Commission determines that the requirements
of the permit/order of conditions have not been met, the request for
a certificate of compliance may be denied. This decision, along with
the reasons for the denial, shall be forwarded to the applicant within
21 days of the receipt of the request.
