The procedures described below are designed to help the applicant
and the Commission through the review process as quickly and efficiently
as possible. Close adherence to the procedures is advised. The following
procedures apply to all filings under the Sherborn Bylaw (unless otherwise specifically stated).
The following minor activities within the buffer zone and outside resource areas specified in the Sherborn Wetlands Regulations §
410-4.1 are not subject to regulation under the Sherborn General Bylaw, Chapter
226, because they are initially presumed to not alter an area subject to protection if the proposed work meets the following criteria: the existing lot where the work is proposed is for an existing single family home/residence, and the work is performed in a manner that has no adverse effects to resource areas and the resulting project does not create erosion and sediment runoff into wetland resource areas and any land disturbed by the project is restored to previous or improved conditions for protecting wetlands and erosion and sedimentation controls are established when needed to prevent such alterations.
A. Construction of an unpaved walkway less than 30 inches wide for private
pedestrian use;
B. Installation and maintenance of fencing, provided it will not constitute
a barrier to wildlife movement and is in existing lawn and/or landscaped
areas;
C. Maintenance of existing stone walls;
E. Vista pruning that is conducted at least 50 feet from any resource
area, where "vista pruning" means the selective thinning of tree branches
or understory shrubs to establish a specific "window" to improve visibility
and does not include cutting of trees that would reduce the leaf canopy
to less than 90% of existing crown cover and does not include the
mowing or removal of understory brush;
F. Pruning and normal maintenance of existing landscaped areas;
G. Mowing of existing lawns;
H. Planting of native species of trees, shrubs or ground cover (but
excluding lawn turf/grasses);
I. Installation and maintenance of patios and decks totaling less than
150 square feet in existing lawn in outer 50-foot to 100-foot buffer
zone that allow water infiltration;
J. Replacement of footings or sonotubes for an existing deck, provided
it does not take place in unaltered buffer zone area;
K. Conversion of impervious to vegetated surfaces.
For purposes of determining that a proposed project is not subject to review by the Commission either because it will take place more than 100 feet from a wetland resource or 200 feet from a perennial stream or river, or it meets the criteria of §
410-7.1, an applicant may request administrative approval. Such request shall be made in writing to the Commission using the form specified by the Commission. A site visit to the property by the agent (or administrator/agent) may be required. The agent shall determine whether to issue an administrative approval within 21 days of the request or of the date when sufficient information is provided. If an administrative approval is issued, it will be effective immediately. If issued, an administrative approval will serve as a negative determination of applicability for purposes of issuing building permits or as Commission approval pursuant to Board of Health regulations. All administrative approval applications shall be reported to the Commission at the next scheduled meeting.
The purpose of the request for determination of applicability
(RDA) is to allow the Commission to determine whether the proposed
project will alter an area subject to protection under the Sherborn
Bylaw such that the filing of a notice of intent will be required.
After the filing of the request for determination in accordance with
state regulations, a Commissioner(s) or agent will visit the site
and make a presentation to the Commission. The Commission will then
vote to determine if a notice of intent is required.
A. Review period.
(1)
Resource area boundary determination. Resource area boundary
delineation determination shall be reviewed at the sole discretion
of the Commission or its agent during winter conditions (snowfall
and frozen ground), and shall be reviewed only when site conditions
are such that the Commission or its agent believes they can adequately
review the relevant resource area indicators (e.g., soil, vegetation,
topography, and hydrology).
B. Submission requirements.
(1)
It is the applicant's responsibility to provide all of the information
required for this review. This information is to be included on the
request for determination form. WPA Form 1 is available at the Sherborn
Select Board's office at the Town offices or from the MA Department
of Environmental Protection (DEP) website at: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#4.
(2)
Any outstanding violations, enforcement orders, remediation
activities or unpaid fines applied to a property under the Act and
its regulations or the Sherborn Bylaw and its regulations must be
resolved to the satisfaction of the Commission prior to the submission
of a request for determination of applicability for work on that same
property.
(3)
The applicant must provide all information requested on the
request for determination and:
(a)
Pay the required fee (see §
410-7.6, Fee schedule) and return the original to:
Sherborn Conservation Commission
19 Washington St.
Sherborn, MA 01770
|
(b)
Send a copy and the plans to:
MA DEP Northeast Region
205B Lowell St.
Wilmington, MA 01887
|
(c)
Send a copy to the property owner if the applicant is not the
property owner.
(d)
Include a plan for the Commission that shows (at a minimum):
[2]
North arrow on lot plan, with locus map and street name.
[3]
Location of proposed work, and distance to wetlands or other
resource to be protected.
[4]
General vegetation types.
[6]
Spot elevations or contours (if available).
C. Determination by Commission.
(1)
After the filing of a complete request for determination, the
Commission shall issue a determination of applicability form 2 within
21 days. During this time, a Commissioner(s) or agent will visit the
site. At a public meeting of the Commission, the Commissioner or agent
who reviewed the request for determination and visited the site shall
present his/her findings. The Commission will then vote, and a majority
vote is required for action on the determination. The property owner
will receive the signed determination by mail.
(2)
If a "positive determination" is issued, meaning that the project
will impact an area subject to protection, the applicant must file
a notice of intent in order to possibly obtain a permit for the project.
A "negative determination" means the proposed project will have a
minimal impact on an area subject to protection, and the project is
approved as presented or approved with written conditions. A negative
determination is valid for three years.
(3)
If the request for determination and/or the related information
is incomplete or an accurate site assessment cannot be undertaken,
a positive determination will be issued due to a lack of sufficient
information. An applicant can waive the twenty-one-day determination
period, and a determination will be delayed until the application
is complete or an accurate site visit is possible.
D. Replacement septic systems outside the no-alteration zone. Subject to Subsection
B, a replacement septic system may be permitted under a determination of applicability if the proposed project meets the following conditions:
(1)
The wetland resource areas have been delineated and are shown
on a plan.
(2)
The proposed work is located outside the no-alteration zone.
(3)
The proposed septic system upgrade is not an expansion of the
existing system.
(4)
Any area of disturbance during construction of the proposed
system is not of a slope greater than 25%.
(5)
The portion of the buffer zone affected by the proposed system
has been previously altered.
(6)
A signed, stamped engineered plan must accompany the application
and must show the proposed septic system and all components associated
with the system. In addition, the plan must include the following
information:
(a)
The wetland flags and associated buffer zones.
(b)
Contour lines at two-foot intervals.
(c)
The location of the erosion control barrier.
(d)
The location of the access route to the project site.
(e)
The location of potential stockpiles.
The role of the Commission is that of a reviewing agency. It
is the applicant's responsibility to provide all of the information
required for review in the notice of intent (NOI). It is in the applicant's
interest to submit as complete and accurate description of the project
as possible to ensure that requests for additional information do
not result in unnecessary delays. In instances where the applicant
is not the owner, the Commission shall require written proof of the
owner's assent to the filing.
A. Notice of intent form. Filing a notice of intent under the Sherborn
Bylaw and the Act is done on WPA Form 3 Notice of Intent, Appendixes
A, B, C, D, and the Sherborn Supplemental Notice of Intent Form 3/4A.
Appendixes A, B, C, D and the Sherborn Supplemental Notice of Intent
Form 3/4A may be obtained from the office of the Conservation Commission
at Sherborn Town Hall and can also be found on the Commission's website
at: https://www.sherbornma.org/conservation-commission/pages/permits-andforms
and in the Sherborn Wetlands Regulations. WPA Form 3 may be obtained
from the Massachusetts Department of Environmental Protection website:
http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#4.
[Amended 6-19-2024]
B. Abbreviated notice of intent.
(1)
An abbreviated notice of intent is provided to simplify the
review of projects which are likely to result in limited impact on
a resource area. This form (WPA Form 4) may be used when all of the
following apply:
(a)
The proposed work is within the buffer zone (only) or is within
land subject to flooding (only), and will alter less than 1,000 square
feet of surface area.
(b)
The proposed work will not result in any alteration to a wetland resource area other than those noted in Subsection
B(1)(a) above.
(c)
A Department of the Army permit (Corps of Engineers Section
10 or Section 404) or Division of Waterways license (MGL c. 91) is
not required.
(2)
Abbreviated notice of intent forms may be obtained from the
Massachusetts Department of Environmental Protection website: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#4.
(3)
The Commission or its agent may, at their discretion, require
the filing of Appendix D and the Sherborn Supplemental Notice of Intent
Form 3/4A. These additional forms may be obtained at the office of
the Conservation Commission in Sherborn Town Hall, or on the Commission's
website at: http://www.sherbornma.org/Pages/SherbornMA_Conservation/index
and in the Sherborn Wetlands Regulations.
(4)
The filing fee for an abbreviated notice of intent will follow the fee schedule for full notices of intent. (See §
410-7.6 of these Regulations.)
C. Procedure for notice of intent. In addition to information already
required by the Commonwealth of Massachusetts, the following information
is required with each notice of intent filed with the Commission.
Omission of information deemed pertinent by the Commission will be
grounds for not opening an advertised public hearing, or continuing
a public hearing, or denying the order of conditions. For convenience,
Appendix D contains this information in worksheet form.
D. Information to be shown on site plans. All of the following will
be required unless exempted in writing by the Commission:
(1)
Existing conditions.
(a)
Title box, to include the date, name and address, if available,
of project; the name of the owner/applicant, the name of the preparer,
a scale (at least one inch equals 100 feet with details), a North
arrow, a reference to the Assessor's Map and to the parcel number.
(b)
Appropriate engineer's or land surveyor's stamp and signature.
(Note: The professional who stamped the original plans must also sign
and date any revisions with the same date as the revision date.) At
least one original signature copy of each plan must be submitted to
the Commission.
(c)
Lot size(s) and property boundaries.
(d)
Names and property lines of abutting property owners.
(e)
Two-foot topographic contours (existing and proposed); elevation
above mean sea level, if available, or assumed elevations; location
of bench mark of elevations or assumed datum.
(f)
The border of any wetland resource area on or within 100 feet
of applicant's property, with flow directions labeled, if applicable.
(g)
Limits of all wetland resource areas, including survey locations
and numbers of flags/stakes; note date of flagging, and name/firm
of botanist.
(h)
Delineation of buffer zone (100-foot horizontal distance from
all wetland resources areas) and of no-alteration zone.
(i)
Limits of bordering and isolated lands subject to flooding,
including 100-year storm elevation.
(j)
Department of Environmental Management (DEM) and Federal Emergency
Management Agency (FEMA) wetlands and floodplain restrictions (FEMA
maps are available at the Conservation Commission office, the Select
Board's office, and Sherborn Assessors' office).
(k)
High-water mark for all water bodies, from best available data
(data source must be cited).
(l)
Top and toe of any inland bank or beach.
(m)
Total watershed area in which site is located, all subwatersheds
on site, and on- and off-site discharge points (projects must not
alter the water runoff from the site).
(n)
Location, date and soil summaries of all soil borings and test
pits on-site; location, date and readings of groundwater level measurements
on-site.
(o)
Stone walls or other barriers located between the area of work
and the area subject to protection under these Regulations.
(p)
Locations and types of easements on site and on other properties
within 50 feet of property line.
(2)
Proposed conditions.
(a)
Work limits and location of temporary erosion controls; delineate
areas where vegetation will be altered.
(b)
Proposed contours and amount of fill required to be added or
removed (in cubic yards and maximum thickness); pre- and post-development
grades on all slopes four to one or steeper; locations of stockpiles.
(c)
Construction sequence and details, including cross sections
and elevations, of drainage structures (including but not limited
to catch basins, leaching basins, dry wells, swales, retention areas,
ditches, etc.) and road crossings in wetland resource areas
(d)
Equipment access routes and storage/parking areas during proposed
work.
(e)
All above-ground structures, roadways, accessways, stone walls,
fences, and other physical alterations proposed; identify roadway
or surface material proposed; location and elevation of lowest floor
of all structures.
(f)
Existing natural drainage patterns and proposed alterations.
(g)
All on-site below-ground alterations and structures, including
but not limited to utility lines, drainage structures, septic systems,
cesspools, wells, and storage tanks in the buffer zone.
(h)
Location, capacity, and design details of on-site septic system.
(i)
Distance of proposed on-site leaching facility to wetlands,
watercourses, or other resource areas.
(j)
Calculated square footage of temporary and permanent alteration
of wetland resource, if applicable.
(k)
Calculated square footage of temporary and permanent alteration
of inner and outer buffer zone.
(l)
For new construction, location of leaching facilities on other
properties within 50 feet of the lot line, or 300 feet of the proposed
project.
(m)
For new construction, location of all existing and proposed
wells on property and within 200 feet of project on abutting properties,
and minimum distance to all septic systems.
E. Information to be provided in notice of intent text. All of the following
will be required unless exempted in writing by the Commission:
(1)
Existing conditions.
(a)
Topography, soils, and geology description.
(b)
Description of vegetation types, such as upland or wetlands
community types and plant species list.
(c)
Section of a USGS quadrangle map, with site location circled
(i.e., a locus map).
(d)
Completed state delineation form known as "DEP Bordering Vegetated
Wetland (310 CMR 10.55) Delineation Field Data Form" for wetland resource.
(2)
Proposed conditions.
(a)
Description of activities, construction sequencing and estimated
timetable. Include description of future phases.
(b)
Description of indirect and direct impacts, both temporary and
permanent, on wetland resource areas.
(c)
Description of soil erosion, sediment control plan, and mitigation
plans for impacts to resource areas.
(d)
Details of mitigation plans for activities in the buffer zone
to limit long-term indirect impacts to adjacent resource areas.
(e)
Description of stormwater management plan, including existing
and proposed drainage areas.
(f)
Description of wastewater management plan.
(g)
Hydrologic calculations shall conform to Natural Resources Conservation
Service procedures.
[Amended 6-19-2024]
(h)
Wetlands creation/restoration plan, including area, with existing
and proposed topography at contours at one-foot intervals, and plans
showing proposed grading, stockpiling, planting (indicate source of
plants), and timetable.
(i)
Volume of fill required and source of fill.
F. Information that may be requested during a notice of intent hearing for activity proposed in the no-alteration zone (see §
410-5.2).
(1)
For a project that proposes to alter greater than or equal to
5,000 square feet of no-alteration zone, the Commission may require
the applicant to provide adequate information regarding the following
so as to enable the Commission to evaluate whether the proposed activity
is to be permitted:
(a)
Values and functions of the resource area and/or buffer zone
to protect interests.
(b)
Wildlife habitat and rare species present on the site. This
information may include assessment of food, water, breeding space,
shelter, security, movement and migration space, and connections to
other habitat areas.
(c)
A summary or detailed wildlife habitat evaluation as defined
in Appendixes A and B of the MassDEP Massachusetts Wildlife Habitat
Protection Guidance for Inland Wetlands (March 2006) conducted by
a qualified wildlife biologist.
(d)
Reasonably practicable alternatives to the proposed activities,
including reducing the scale and scope of the project. Options that
appear to be precluded only by self-imposed constraints shall be considered
as reasonably practicable alternatives.
(2)
The Conservation Commission may deny a permit if the applicant
fails to provide the information requested.
G. Natural Heritage filing.
(1)
The latest computer map showing estimated habitat of rare and
endangered species must be included with the notice of intent. A filing
to the Natural Heritage Office is needed if the estimated habitat
of rare and endangered species map indicates that a proposed project
lies within the boundary of the estimated habitat of rare and endangered
species. This map can be found online or requested from the Natural
Heritage Office. If your property is located within a polygon on the
map indicating an estimated habitat, a filing to that office will
be required by the Commission.
(2)
This filing, made by the applicant, is to be made before the
notice of intent is scheduled for a public hearing. Closing a hearing
is contingent upon written response from the Natural Heritage Office.
H. Watercourse alteration notification. To the extent required by FEMA,
if applicant is planning to alter or relocate a river system in any
manner, it shall require a number of notification letters, which will
be included in the notice of intent. Letters of notification should
be submitted to the following:
(1)
Conservation Commissions in the adjacent communities of Dover,
Natick, Ashland, Framingham, Medfield, Millis, Holliston);
(2)
NFIP State Coordinator:
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
|
(3)
NFIP Program Specialist.
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
|
I. Notice of intent submission requirements.
(1)
The applicant will submit nine complete paper copies and a complete electronic copy of the notice of intent with site plans, supporting documentation, and a check payable to the Town of Sherborn, in the amount set forth in the fee schedule (see §
410-7.6, Fee schedule, and Appendix A, Wetlands Filing Fee Calculation Worksheets) to the Conservation Commission office or the Select Board's
office at the Town offices. The applicant must also send a separate
check to Massachusetts Department of Environmental Protection (DEP),
Boston. One copy of the notice of intent with site plans and supporting
documentation must be sent to the DEP regional office. The Commission
must receive the completed notice of intent site plans and supporting
documents at least 14 day before the next regularly scheduled public
meeting.
(2)
In keeping with the requirements of Sherborn's general permit
under the Environmental Protection Agency's (EPA) National Pollutant
Discharge Elimination System (NPDES), any applicant for a project
proposed through a notice of intent for a property within Sherborn's
urbanized area (see Appendix E) which will disturb or alter an acre or more of land,
temporarily or permanently, must show proof of submitting an EPA notice
of intent application form to the EPA by presenting, at the opening
of the hearing before the Commission, a copy of the application, and
either proof of mailing the application to EPA by certified mail,
return receipt requested, or a copy of the email receipt from EPA
for an online filing of the application. Opening the hearing is contingent
upon this proof of submittal.
(3)
Any outstanding violations, enforcement orders, remediation
activities or unpaid fines applied to a property under the Act and
its regulations or the Sherborn Bylaw and its regulations must be
resolved to the satisfaction of the Commission prior to the submission
of a notice of intent for work on that same property.
Quite often, modifications must be made to projects during construction. The Commission recognizes the need for such changes and sets forth the following procedures for assessing them. Because each modification is unique, it is impossible to determine in advance how any particular change will be addressed by the Commission. With any proposed modification, the applicant will first contact the Commission and explain the modification in writing. The Commission has the authority to determine the appropriate category for the modification. The applicant will be charged a fee according to the fee schedule in §
410-7.6 for an amended order of conditions.
A. Minor changes. These changes are modifications that the Commission
determines have no likelihood of an impact on any wetland resource
and need only the authorization of the Commission. Applicants will
contact the Commission to request a change. If the Commission finds
the change requested is a minor modification it will record that determination
in the applicant's file and mail a copy to the applicant and the Massachusetts
Department of Environmental Protection regional office. The Commission
will consider the following criteria in making this determination:
(3)
Type of equipment required for construction.
B. Moderate changes.
(1)
These changes are modifications that the Commission determines
have some likelihood of an impact on a wetland resource. These changes
require an amended order of conditions, which requires a request for
a public hearing, payment of a separate filing fee of $500, and abutters'
notices sent by the applicant or their agent. Following receipt of
the separate filing fee, the Commission will schedule a public hearing
to be held within 21 days of the receipt of such fee and will publish
a notice thereof in a local publication in the same general manner
as for a notice of intent. The Commission will make a decision on
the request for an amended order of conditions following a public
hearing. An amended order of conditions must be filed by the Commission
at the Registry of Deeds with a marginal reference to the original
order of conditions.
(2)
The following may require an amended order of conditions:
(a)
Decrease in the distance from resource area.
(b)
Increase in potential for erosion.
(c)
Decrease in the size of no-alteration zone.
(e)
Change in size and location of structure and appurtenances.
(f)
Increase in amount of vegetation removed.
(g)
Activity beyond the limit of work.
C. Significant changes. Changes that are not related to the originally permitted activity may require a new notice of intent rather than an amended order of conditions (that is, a deck appurtenant to a permitted dwelling would require a separate filing). Any modification that will change or increase the impact of the project on any wetland resource is considered a significant change. The applicant will follow the procedures set forth in Article
VII, Procedures.
An appeal may be taken from a decision under the Sherborn Bylaw
in accordance with the provision of Massachusetts General Laws Chapter
249.