The definitions applicable to the Sherborn Wetlands Regulations
are the same as set forth in the Act and the state regulations at
310 CMR 10.00 et seq., except for the following modifications to those
definitions and additional definitions. Some of the state definitions
are repeated in this section for ease when reading Town regulations.
People should consult both the state and Town definitions. Where the
Sherborn Wetlands Regulations expand on the state definition, the
Sherborn Wetlands Regulations control.
A greater-than-negligible change to an area subject to protection
of the Sherborn Bylaw and its regulations, or to one of its characteristics
or factors, that diminishes the value of that area to one or more
of the specific interests protected by the Bylaw and its regulations,
as determined by the Commission. "Negligible" means small enough to
be disregarded.
Anyone appointed or assigned by the Commission to serve as
its representative.
Alter means to change the conditions of any area subject
to protection and review under the Bylaw. The term "alter" shall include,
without limitation, the following activities when undertaken to, upon,
within, or affecting the resource areas protected by this Bylaw:
Removal, excavation, or dredging of soil, sand, gravel, or aggregate
materials of any kind.
Changing of preexisting drainage characteristics, salinity distribution,
flushing characteristics, sedimentation patterns, flow patterns, or
flood-retention characteristics.
Drainage or other disturbance of surface water level or groundwater
table.
Dumping, discharging, or filling with any material that may
degrade water quality, vegetation, or habitat in a wetland resource
area.
Placing of fill, or removal of material, which would alter elevation.
Driving of piles, erection or repair of buildings or structures
of any kind, except work wholly inside a building and exterior repair
of existing buildings or structures which presents no risk of alteration
of land, waters, or vegetation.
Placing of obstructions or objects in water.
Destruction of plant life, including cutting of trees, within
a resource area or within a buffer zone.
Changing water temperature, biochemical oxygen demand, or other
physical or chemical characteristics of water.
Any activities, changes, or work that may cause or tend to contribute
to pollution of any body of water or groundwater, including, without
limitation, any activity that may cause surface water runoff contaminated
with sediments, chemicals, or animal wastes.
Changes to storage of floodwaters and stormwater runoff waters
in wetlands.
Incremental activities that have or may have a cumulative adverse
effect on the interests protected by the Bylaw and its regulations.
Application of pesticides (which includes herbicides and insecticides).
The removal or relocation of soil or vegetation, either temporary
or permanent, of at least an acre of land (43,560 square feet). Removal
or relocation of soil or vegetation from less than an acre which is
part of a plan for a larger land disturbance, ultimately adding up
to an acre or more, also qualifies as an acre of disturbance.
The individual or entity filing (or on whose behalf is filed)
the Sherborn notice of intent or Sherborn request for determination
of applicability.
The land area which normally abuts and confines a water body;
the lower boundary being the mean annual low flow level, and the upper
boundary being the first observable break in the slope or the mean
annual flood level, whichever is higher.
The area inundated when a statistical 100-year frequency
storm causes lakes, ponds, rivers, and streams to rise from their
normal courses. The "bordering land" boundary is defined in one of
three ways:
The boundary or high-water mark of the 100-year floodplain as
shown on the Sherborn FEMA (Federal Emergency Management Agency) flood
study map where that boundary is based on flood profile data.
For areas bordering other resource areas, where the boundaries
of the 100-year floodplain are not based on FEMA flood profile data,
historic observations of high-water flood levels shall be used. Evidence
includes high-water marks, flood damage to structures or trees, flood
debris deposition elevations, written depth measurements, photos,
and other flood documentation.
For areas bordering other resource areas where the boundaries
of the 100-year floodplain are not based on FEMA flood profile data,
and where documented historic observations are not available, the
floodplain boundaries may be based on hydrologic calculations.
Bogs, swamps, marshes and wet meadows that border on water
bodies are bordering vegetated wetlands (BVWs). BVWs are areas where
the soils are saturated or inundated such that they support plants
that are adapted to periodically wet conditions.
Any land within 100 feet horizontally outward from the upland
edge of any resource area other than the riverfront area resource.
The Conservation Commission of the Town of Sherborn.
An appointed member of the Sherborn Conservation Commission.
Edge effect can occur whenever two contrasting habitat types
meet. The edge effect establishes a gradient in ecological functions
and values as you transition from one habitat type to the adjacent
one. Transitions can be sharp or gradual. Some examples of variations
in habitat characteristics that may be in evidence at an edge are
fluctuations in soil moisture, humidity, seed dispersal, and exposure
to sunlight.
Wet meadows, marshes, swamps, bogs, and areas where groundwater,
flowing or standing surface water or ice provide a significant part
of the supporting substrate for a plant community for at least five
months of the year; emergent and submergent plant communities in inland
waters; that portion of any bank which touches any inland waters.
(Also referred to as the "no-alteration zone.") The portion
of the buffer zone within 50 feet horizontally outward from the upland
edge of a resource area.
An isolated depression or closed basin without an inlet or
an outlet. It is an area which at least once a year confines standing
water to a volume of at least 1/4 acre-feet and to an average depth
of at least four inches.
The outer edge of the area where workers and their equipment
may move about while working on a project. The limit of work must
be shown on project plans and noted on the site by a siltation barrier
or flagging.
A program administered by the United States Environmental
Protection Agency intended to minimize the impacts to water quality
and wetlands from municipally owned stormwater discharge systems.
Presumptively the inner buffer zone.
The portion of the buffer zone extending from the outer edge
of the inner buffer zone to 100 feet horizontally from the upland
edge of a resource area.
This term connotes recreational activities that do not conflict
with or diminish the interests protected by the Sherborn General Wetlands
Bylaw and these Regulations. These are nonaltering use of the waters
and banks of resource areas and buffer zones for the purpose of personal
enjoyment, such as swimming, canoeing, sailing, scuba diving, bird
watching and, as appropriate, fishing and hunting. Recreational use
of resource areas includes observation of its plants and wildlife.
A "perennial stream" or "perennial river" is defined in 310
CMR 10.58(2)(a)(1)(c) of the Act as one that flows throughout the
year, except in periods of extended drought. It has a watershed of
one-half square mile or greater and has a predicted low rate greater
than or equal to 0.01 cubic feet per second at the 99% flow rate duration
using USGS Stream Stats method or the stream has a watershed of one-half
square mile and the surficial geology of the contributing drainage
to the stream at project site contains 75% or more stratified drift.
An extension of the National Pollution Discharge Elimination
System (NPDES) permitting program to include, within urbanized areas,
discharges from municipal separate storm sewer systems (MS4s), and
to construction activities that disturb an area equal to or greater
than one acre and less than five acres of land (established in 2003;
applicable to municipalities with populations of 10,000 or fewer).
The prevention or reduction of contamination of surface water,
groundwater, resource areas or buffer zones.
Any source or volume of surface water or groundwater demonstrated
to be in any private use or shown to have potential for private use.
Means protection of the ability of any resource area (or
buffer zone) to provide important food, shelter, migratory or overwintering
areas, or breeding areas for wildlife.
Any source or volume of surface water or groundwater demonstrated
to be in public use or approved for water supply pursuant to MGL c.
111, § 160, by the Division of Water Supply of the DEP or
shown to have a potential for public use.
A majority of the members then in office.
Any area identified as a resource area in § 410-4.1, Resource areas, of these Regulations based on the Sherborn Bylaw. This term is used synonymously with areas subject to review under the Sherborn Bylaw and these Regulations.
Any natural flowing body of water that empties into any ocean,
lake or pond or other river, which flows throughout the year. See
the state regulations 310 CMR 10.58(2) for further definition details.
Significant means plays a role. "Significant" in the positive
sense means plays a role in the provision or protection of interests
defined as relevant by the Commission. In a negative sense, a "significant"
adverse effect means plays a role in adversely affecting the jurisdictional
area's ability to contribute to the provision or protection of interests
defined as relevant by the Commission.
Anything built in a fixed location, including but not limited
to houses, toolsheds, bridges, culverts, driveways, stone walls, wooden
fences, and tennis courts.
Designated by the US EPA and based on statistics from the
U.S. Bureau of Census, an urbanized area has a population density
of at least 1,000 people per square mile. Sherborn's urbanized area
is approximately four square miles and is located in the center of
Town (see attached map in Appendix E[1]).
A confined basin or depression which, at least in most years,
holds water for a minimum of two continuous months during the spring
or summer or both, and which is free of adult fish populations. A
confined basin or depression occurring in an existing lawn, garden,
landscaped area, driveway, cultivated field, or open grazed meadow
is not considered a vernal pool.
A vernal pool and the area within 100 feet of the mean annual
boundaries of such pool. Such an area is an essential breeding habitat
for amphibian, reptile, or other vernal pool community species and
provides other extremely important functions during the nonbreeding
season for a variety of these species as well as other wildlife.
The state within which communities of distinct character
types (ex., forested wetland, wet meadow) support a diverse, interdependent
number of organisms, where those organisms can sustain community balance
and resilience, where natural processes of succession and senescence
can continue unimpeded, and where the functions and values of wetland
resource areas are intact.
Section 40 of Chapter 131 of the Massachusetts General Laws,
and as amended and the regulations promulgated thereunder at 310 CMR
10.00 et seq.
Any birds, mammals, reptiles, amphibians, fish, insects or
invertebrates that are dependent upon wetlands for a portion of their
life cycles.
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
