A. 
The Massachusetts Wetland Protection Act (G.L. Ch. 131, Sec. 40) (the Act) sets forth a public review and decision-making process by which activities affecting Areas Subject to Protection in accordance with 310 CMR 10.02(1) are to be regulated in order to contribute to the following interests:
(1) 
Protection of public and private water supply;
(2) 
Protection of ground water supply;
(3) 
Flood control;
(4) 
Storm damage prevention;
(5) 
Prevention of pollution;
(6) 
Protection of fisheries and wildlife habitat.
B. 
A vernal pool habitat, which includes a buffer of 100 feet around the pool, is presumed significant to wildlife habitat if it lies within a wetland resource area. Westborough extends this buffer to include vernal pools regardless of whether they lie within a resource area and extends the buffer zone to 125 feet.
A. 
Under the Massachusetts Wetland Protection Act (G.L. Ch. 131, Sec. 40) (the Act) and Regulations (310 CMR 10), bordering vegetated wetlands and land under a body of water are presumed significant to the following interests: public and private water supply, ground water supply, flood control, storm damage prevention, prevention of pollution, fisheries and protection of wildlife habitat. A vernal pool habitat, which includes a buffer of 125 feet around the pool, is presumed significant to wildlife habitat when it lies within a wetland resource area.
B. 
The performance standards under the Act for a bordering vegetated wetland (BVW) state that there may be no destruction or impairment of the area: alteration of up to 5,000 square feet may be permitted at the Conservation Commission's discretion provided the area is properly replicated, unless said area lies within an Area of Critical Environmental Concern (ACEC) designated by the Secretary of Environmental Affairs under M.G.L. c. 21A, 2(7) and 301 CMR12.00. If an area lies within a designated ACEC, no alteration of BVW is allowed (i.e. the regulations for ACECs supersede the regulations allowing discretionary alteration of up to 5,000 square feet with replication) unless the presumption of significance under the state Act is overcome in accordance with 310 CMR 10.55(3).
C. 
The Town of Westborough Wetland Protection Bylaw adds to the areas protected by the state Act any Vegetated freshwater wetlands; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs, lakes; ponds of any size; rivers; streams; creeks; lands under water bodies; lands subject to flooding or inundation by groundwater or surface water; Isolated Land Subject to Flooding and lands within 100 feet of any of the aforesaid resource areas (collectively the resource areas protected by this Bylaw).
D. 
Vernal pools within a 125 feet buffer, regardless of whether the pool lies within a wetland resource area, are given special protection, and no adverse effects on the wildlife habitat characteristics are permitted. Pools must have been certified through the Natural Heritage program or identified by a preponderance of the evidence presented at a public hearing to be protected. Procedures for identifying and protecting vernal pools are further detailed in § 2.1 of these regulations.
E. 
A buffer zone of 100 feet around any resource area is subject to protection under the Bylaw. Within this buffer zone, the regulations define setbacks from the wetlands edge, and provide explicit guidance regarding areas where no disturbance or no building will be allowed. Under the regulations, the Westborough Conservation Commission, hereinafter, "Conservation Commission" must consider whether activities within the buffer zone will likely affect the wetland resource area and will presume that projects involving work within specified setbacks from the wetland will so affect the wetlands. This presumption is rebuttable and may be overcome upon a clear showing by a preponderance of the evidence that the nature of the proposed work, special design measures, construction controls or site conditions which exceed the norm for work anywhere within the Buffer Zone will prevent alteration of the resource area. Depending on site conditions and project characteristics, the Conservation Commission may also find that work at greater distance from the resource area will alter the resource area. The regulations establish specific minimum setbacks related to limit of work and limit of disturbance, which are tabulated according to project type.
DISCHARGES INTO WETLANDS
Includes, without limitation, any discharge from the project that flows to a wetland resource or buffer zone through new or existing drainage structures, including existing road drainage pipes that empty into wetland resources or buffer zones regardless of the distance between the project site and the wetlands resources or buffer zones.
DISTANCE
All distances noted in the Bylaw (excluding depth), such as buffer zones distances, are planar distances measured along a single elevation. Consequently, on steeply sloped topography the measured over-ground distance may not accurately reflect the distances specified in the permits and conditions specified by the Bylaw. In particular, the 100-foot buffer zone on steeply sloped land will measure considerably more than 100 feet when measured over-ground on site.
EXISTING
As used in the Bylaw shall mean lawfully existing in full as of the date the regulations were adopted. The term existing shall also include approved Site Plan Reviews permitted under § 3.1 of the Westborough Zoning Bylaws and approved Definitive Subdivision Plans for the construction of roadways and associated utilities but excluding any individual lot development.
FLOOD STORAGE AS AN ALTERATION
The term 'alter' includes storage of flood waters and stormwater runoff waters in wetlands. Storage of flood waters and stormwater runoff is prohibited unless the Conservation Commission deems that such action would enhance wetland values and functions.
ISOLATED LAND SUBJECT TO FLOODING (ILSF)
A. 
As provided in 310 CMR 10.57(2)(b)1 through 3, the Town of Westborough definition of an Isolated Land Subject to Flooding" . . .is 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 six inches. Isolated Land Subject to Flooding may be underlain by pervious material, which in turn may be covered by a mat of organic peat or muck . . . The boundary of Isolated Land Subject to Flooding is the perimeter of the largest observed or recorded volume of water confined in said area."
B. 
If there is a question regarding whether the extent of water confined in an ILSF, calculations to determine the volume of standing water shall be based on the total volume (rather than peak rate) of run-off from the drainage area contributing to the ILSF and the assumption that there is no infiltration of said run-off into the soil within the Isolated Land Subject to Flooding as stated in 310 CMR 10.57(2)(b)3.
PARKING LOT
Any area, paved or unpaved, that is used for parking, storage, loading or unloading of vehicles or the storage of any item.
PASSIVE PASSAGE
Connotes passage by foot for the purposes of passive recreation, as defined above.
RARE SPECIES
As defined in 310 CMR 10.04: "mean those vertebrate and invertebrate animal species officially listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife under 321 CMR 10.60."
RECREATION
Connotes passive recreation activities that do not conflict with or diminish other wetland values and functions. Examples include, without limitation, bird watching and other nature studies, walking and hiking, canoeing, and as appropriate fishing, hunting, etc.
STRUCTURE
Anything constructed or erected, the use of which requires fixed location on the ground, or attachment to something located on the ground, including swimming pools and mobile homes, but not including retaining walls or similar devices, signs, exterior lighting, pavement or fences. All other activities not constituting a structure shall be subject to setbacks that apply to limits of disturbance as defined in Article 6.
VERNAL POOL SPECIES
A vernal pool species is defined in the Division of Fisheries and Wildlife - Natural Heritage and Endangered Species Program's "Guidelines for the Certification of Vernal Pool Habitat" dated March 2009 and any subsequent revisions.
VOLUME OF A DETENTION/RETENTION BASIN
Basin volume shall be calculated as that volume contained between the basin's one-hundred-year flood elevation and the lowest elevation of the basin floor.