A.
Burden
of proof. The applicant for a permit shall have the burden of providing
by a preponderance of the credible evidence that the work proposed
in the application shall not have an unacceptable, significant or
cumulative negative effect upon the values of the resource area(s)
protected by this bylaw. Failure to provide adequate evidence to the
Commission supporting this burden shall be deemed sufficient cause
for the Commission to deny a permit or grant a permit with conditions.
B.
Presumption
concerning Title 5 of the State Environmental Code. In accordance
with 310 CMR 10.03(3), the following additional restrictions apply:
(1)
None
of the components of the subsurface disposal system may be located
within 50 feet of the following resource areas: freshwater wetlands,
marshes, wet meadows, bogs, swamps, lakes, rivers, ponds or streams.
(2)
The
leaching facility of said system, including the reserve area, shall
be set back 100 feet from any resource area identified in 310 CMR
10.03(2)(a).
(3)
The
setback distance specified above shall not be required for the renovation
or replacement (but is required for the substantial enlargement) of
septic systems constructed prior to the date these regulations are
promulgated, provided such work has been approved by the Groveland
Board of Health, as required by law.
C.
Dimensional
regulations.
(1)
Underground storage tanks for chemical and petroleum products, regardless of size, shall not be located within 100 feet of any resource area described in § 30-1.2.
(2)
No paddock shall be installed within 100 feet of any resource area described in § 30-1.2 (except for 100-foot buffer areas).
(3)
Commercial, institutional, industrial structures and associated parking facilities shall not be installed within 100 feet of any resource area described in § 30-1.2 (except for 100-foot buffer areas).
(4)
Any other structure requiring a building permit, including, but not limited to, dwellings, garages, decks, storage sheds, swimming pools, etc., shall not be installed within 75 feet of any resource area described in § 30-1.2 (except for 100-foot buffer areas).
D.
Seasonal
restrictions.
(1)
Work
within a resource area shall be performed during "low flow" months
of the year whenever practical. Springtime is not the proper time
of year for working within a wet area. The Commission shall impose
construction date limitations on an as-needed basis determined by
each individual project.
(2)
All stabilization work must commence by October 15 and be in place and fully functional prior to November 1. This shall include any and all required planting (or temporary protection methods), slope protection and pavement as required by the Commission in its decision. No work within any resource area described in § 30-1.2 shall be permitted after October 31 or before April 15 of the following year.
A.
Findings.
(1)
Freshwater
wetlands are likely to be significant to public or private water supply,
groundwater supply, flood control, storm damage prevention, prevention
of pollution, the protection of fisheries and wildlife habitat, recreation
and aesthetics.
(2)
The
plant communities, soil and associated low topography of freshwater
wetlands remove or detrain sediments, nutrients (such as nitrogen
and phosphorus) and toxic substances (such as heavy metal compounds)
that occur in runoff and floodwaters.
(3)
Some
nutrients and toxic substances are detained for years in plant root
systems or in the soils. Others are held by plants during the growing
season and released as the plants decay in the fall and winter. This
latter phenomenon delays the impacts of nutrients and toxins until
the cold weather period, when such impacts are less likely to reduce
water quality.
(4)
Freshwater
wetlands are areas where groundwater discharges to the surface and
where, under some circumstances, surface water discharges to the groundwater.
The profusion of vegetation and the low topography of freshwater wetlands
slow down and reduce the passage of floodwaters during periods of
peak flows by providing temporary floodwater storage, and by facilitating
water removal through flood damage to private and public property.
During dry periods, the water retained in freshwater wetlands is essential
to the maintenance of base flow levels in rivers and streams, which
in turn is important to the protection of water quality and water
supplies.
(5)
Wetland
vegetation provides shade that moderates temperatures important to
fish life. Wetlands and adjacent water bodies and waterways provide
food, breeding habitat and cover to fish. Fish populations in the
larval stage are particularly dependent on food provided by overbank
flooding which occurs during peak flow periods (extreme storms), because
most river and stream channels do not provide sufficient quantities
of the microscopic plant and animal life required.
(6)
Wetland
vegetation supports a wide variety of insects, reptiles, amphibians,
mammals and birds, which are a source of food for important game fish.
Freshwater wetlands are probably the Town's most important habitat
for wildlife. The hydrologic regime, plant community composition and
structure, soil composition and structure, topography and water chemistry
of freshwater wetlands provide important food, shelter, migratory
and overwintering areas and breeding areas for many birds, mammals,
amphibians and reptiles. A wide variety of vegetative wetland plants,
the nature of which are determined in large part by the depth and
duration of water, as well as soil and water composition, are utilized
by varied species as important areas for mating, nesting, brood rearing,
shelter and (directly and indirectly) food. The diversity and interspersion
of the vegetative structure is also important in determining the nature
of its wildlife habitat. Different habitat characteristics are used
by different wildlife species during summer, winter and migratory
seasons.
B.
Identification
and applicability.
(1)
The
Groveland bylaw is not restricted to protection of bordering vegetated
wetlands, but applies to all wetlands. Wetlands and their boundaries
shall be identified in the manner designated in MGL c. 131, § 40,
incorporated herein by reference. Where appropriate, the Commission
may use additional criteria for the identification of wetlands and
their boundaries, including, but not limited to, soil type.
(2)
Only
isolated wetlands greater than 5,000 square feet in area are subject
to protection under these regulations.
C.
Review
period. Wetland boundary delineations shall be reviewed only between
April 1 and December 1 of each year, unless the Commission grants
a waiver on a particular site due to the low probability of error,
or reserves the right to adjust the boundary during the growing season.
D.
Presumption. Where a proposed activity involves the removing, filling, dredging or altering of a freshwater wetland, the Commission shall presume that such area is significant to the interests specified in Subsection A herein.
E.
General
performance standards. Any proposed work in freshwater wetlands shall
not destroy or otherwise impair any portion of said area. However,
and at its sole discretion, the Commission may issue a permit allowing
work which results in the loss of up to 5,000 square feet of freshwater
wetlands when said area is replaced in accordance with the following
general conditions and any specific conditions the Commission deems
necessary to ensure that the replacement area will function in a manner
similar to the area that will be lost:
(1)
The
surface of the replacement area to be created (the "replacement area")
shall be at least equal to that of the area which will be lost (the
"lost area"). At the discretion of the Commission, the replacement
area may be required to exceed the size of the lost area.
(2)
The
groundwater and surface water elevations of the replacement area shall
be approximately equal to that of the lost area.
(3)
The
overall horizontal configuration and location of the replacement area
with respect to the bank shall be similar to that of the lost area.
(4)
The
replacement area shall have an unrestricted hydraulic connection with
the same water body or waterway associated with the lost area.
(5)
The
replacement area shall be located within the same general area of
the water body or reach of the waterway as the lost area.
(6)
A
minimum of 75% of the replacement area shall be reestablished with
indigenous wetland plant species within two growing seasons, and prior
to said vegetative establishment any exposed soil in the replacement
area shall be temporarily stabilized to prevent erosion in accordance
with the U.S. Natural Resources Conservation Service methods.
(7)
The
replacement area shall be provided in a manner which is consistent
with all other performance standards for each resource area described
in these regulations.
F.
Alteration of finger-like wetland areas. Notwithstanding the provisions of Subsection E(1) through (7) herein, the Commission may issue a permit allowing work which results in the loss of a portion of the freshwater wetlands when:
(1)
Said
portion has a surface area less than 500 square feet;
(2)
Said
portion extends in a distinct linear configuration ("finger-like")
into adjacent uplands; and
(3)
In
the judgment of the Commission, it is not reasonable to scale down,
redesign or otherwise change the proposed work so that it could not
be completed without the loss of said wetland.
Refer to §§ 30-1.1, 30-1.2 and 30-2.2 of the bylaw. Any project shown to be within an area of an endangered, threatened or special concern species as shown on the current Estimated Habitat Map shall submit notice of the project to Massachusetts Natural Heritage and Endangered Species Program in accordance with 310 CMR 10.37 and 10.59. Notification shall be a required simultaneously with the filing before the Commission.
A.
Findings.
(1)
It
has been the Commission's experience that any project undertaken in
close proximity to a wetland resource area is likely to result in
some type of alteration, either immediately, as a consequence of construction
or over a longer period of time, as a consequence of daily operation
of the completed project. Accordingly, these regulations require that
any person intending to perform work within 100 feet of a resource
area must submit to the Commission either an RDA or a notice of intent.
This way, the Commission has an opportunity to review the proposed
project to determine whether any alteration of the resource area will
occur, and whether any resulting alteration is in compliance with
this or other applicable performance standards.
(2)
If,
in response to a request for determination of applicability, the Commission
finds that work within the buffer zone will not alter the resource
area, it may issue a negative determination of applicability, with
or without conditions.
B.
Presumption.
(1)
Based
on experience to date with projects in the buffer zone, the Commission
may presume that work in the categories below closer than the tabulated
distances to the resource protected by the buffer zone will result
in an alteration of the resource.
(3)
The
following activities within the buffer zone will typically be considered
not to have a negative effect on an adjacent resource area:
(a)
Landscape plantings, to within 25 feet of the protected area, provided
that areas disturbed are mulched immediately and there is no change
in grade. Species of plants likely to invade the resource area shall
be prohibited.
(b)
Construction or installation of fences or structures that do not
require a building permit where no extensive filling or grading of
the area is involved.
C.
Additional
restrictions along the Merrimack River.
(1)
Findings.
The Merrimack River and its banks are a vital part of our ecosystem.
Many species rely entirely on the river as a habitat to feed, reproduce
and survive. Some of these species are listed as rare, threatened
or endangered, such as the bald eagle; deer, moose and numerous other
mammals, as well as birds, reptiles, amphibians and fish also rely
on this habitat for survival.
(2)
A 200-foot no-work zone (measured horizontally from the mean annual high water mark) shall be established along the bank of the Merrimack River. No cutting of trees, undergrowth, brush, etc., shall be permitted in this area. Access to the River shall be permitted by one seven-foot-maximum wide path as described in Subsection D. The path shall be used solely for foot traffic access to the water's edge or a private dock. The wooded area must be maintained with a natural leaf litter or mulch. No planting of other than indigenous species shall be permitted (including any species of grass). No fertilizers, pesticides or herbicides shall be permitted within this area.
D.
Cutting of vegetation (except as established in Subsection C of this section)
(1)
No-cut
zone. There shall be a no-cut zone 25 feet in depth (measured horizontally
from the mean annual high water mark) adjacent to the protected resource.
Vegetation in this zone shall not be cut or trimmed in any manner.
A single path to the resource area per lot may be created and maintained
if limited to seven feet in width. Paths on adjacent lots shall be
separated by a minimum of 25 feet.
(2)
Understory.
Mowing or cutting vegetation to within 25 feet (measured horizontally
from the mean annual high water mark) of the protected resource area
is allowed without filing a notice of intent, provided that soil is
not exposed to erosion and that sod cover or natural litter is maintained.
(3)
Overstory/Canopy.
To promote recharge of the groundwater and avoid excessive runoff,
not more than 40% of the trees in the buffer zone shall be removed.
No clear-cutting of trees shall be permitted within any buffer zone.
Minimal clearing to allow erection of permitted structures will be
allowed. All permissible cutting shall be done in such a manner so
as to ensure that a well-distributed stand of trees, by size, and
other vegetation remains throughout the buffer zone.
(4)
Pre-existing
Use. Landscaping in a buffer zone in existence on the date these regulations
are promulgated may be maintained. However, landowners are encouraged
to comply with these regulations in order to protect the values identified
in the Groveland Wetland Protection Bylaw.
