Loading...
HomeMy WebLinkAboutProposed Changes 1990 DRAFT IfrAJ PROPOSED CHANGES TO THE LOCAL WETLANDS PROT~CTION REGULATIONS Pursuant to Chapter 136, Section 7, of the Code of the Town of Nantucket, the Nantucket Conservation Commission will hold a public hearing, to be held at 7:00 p.m. Thursday, January 18, 1990, in the Large Group Instruction Room of Nantucket High School, to discuss various proposed amendments to the Commission's Wetlands Protection Regulations. The draft wording for each proposed amendment follows its synopsis: 1. To establish the amount of $15 as the fee for a Request for Determination, except for such applications filed by the Town or County of Nantucket. To add a new subsection G to the regulations under Section 1.03 (Procedures), to read as follows: "G. Fees 1. The following fees, payable to the Town of Nantucket, must be paid before the pertinent application can be accepted by the Commission: Request for Determination of Applicability $15.00 Notice of Intent (in cases where fees mandated by the Commonwealth of Massachusetts do not apply) $25.00 Certificate of Compliance $10.00 2. When the Town or County of Nantucket 1S the applicant, the fee will be waived." 2. To establish the amount of $25 as the fee for a Notice of Intent filed only under the Nantucket Wetlands Bylaw (Chapter 136 of the Code of the Town of Nantucket>, except for such applications filed by the Town or County of Nantucket. (same wording as amendment #1, above) 3. To establish the amount of $10 as the fee for a Certificate of Compliance, except for such certificates issued to the Town or County of Nantucket. (same wording as amendment #1, above) 4. To empower the Commission to record certain documents it has issued (Orders of Conditions, Notifications of Non-significance, Extension Permits and Certificates of Compliance> at the Registry of Deeds in the event the applicant fails to record such document Qu\olJ{W;~ ~t) Iq'iD .JlM,\w4-~ ~~f!k1t,)Jf? 2 within 10 business days after the date of issuance. In such cases, the Commission would have the authority to charge the ~pplicant the cost of recording, plus a fine of not more than $300 per day. The Commission would also b~ empowered to issue an Enforcement Order prohibiting further work if deemed necessary in such a case. To add a new Subsection H to the regulations under Section 1.03 (Procedures), to read as follows: "H. Recordinq of Documents 1. The following documents issued by the Commission are required to be properly recorded in the Registry of Deeds or the Land Court, within the chain of title of the affected property: Determination, Order of Conditions, Extension Permit, Certificate of Compliance. 2. If the applicant fails to record any of the above-listed documents or fails to file with the Commissio~ written proof of such recording within 10 business days of the date of issuance, the Commission is empowered to record the docJment. If the Commission does record any of the above-listej documents due to the failure of the applicant to do so, the ap~licant will be charged the cost of recording plus a fine of lOt more than $300 per day. The Commission is also empowered to issue an Enforcement Order prohibiting further work in such cases." 5. To clarify that eligibility for a waiver f:om the Commission's regulations requires the applicant to make a =lear and convincing showing that there is no way the project could be redesigned to comply with the regulations and that the proj?ct will not have any adverse effect upon any of the interests ~rotected by the Nantucket Wetlands Bylaw. In Section 1.03 (Procedures), Subsection F(l) (a), in the first sentence, immediately following the words ".. .proceed in compliance with the regulations", substitute :;he word "and" for the semicolon. 6. To prohibit the placement of a septic syst~m leaching field within 1,000 feet of Nantucket Harbor. In Section 2.02 (Coastal Beaches and Tidal Fl~ts), Subsection B(5), add the following words after "...sprin] high tide line": "or, in the case of a beach or tidal flat borjering Nantucket Harbor, 1,000 feet from the spring high tide line." In Section 2.03 (Coastal Dunes), Subsection B(5), add the following words after "...spring high tide li,e": 3 "or, in the case of a dune along the coast of Nantucket Harbor, 1,000 feet from the spring high tide line." In Section 2.05 (Coastal Banks), Subsection B(6), add the following words after "...spring high tide li.,e": "or, in the case of a bank along the coast of Nantucket Harbor, 1,000 feet from the spring high tide line." In Section 2.06 (Salt Marshes), Subsection B(S), add the following words after "...spring high tide li,e": "or, in the case of a salt marsh bordering on Nantucket Harbor, 1,000 feet from the spring high tide line." In Section 2.08 (Land 'Containing Shellfish), Subsection B(5), add the following words after "...containing shellfish": "or, in the case of Nantucket Harbor, 1,000 f:?et from land containing shellfish." 7. To require that when an existing septic system within 1,000 feet of Nantucket Harbor fails, it may only b2 replaced with a sealed tank that must be pumped out periodically. In Section 2.02 (Coastal Beaches and Tidal Fl~ts), Subsection B(5), add the following words after "...sprin] high tide line.": " I n the case of a beach or t i da 1 f 1 at border i :'g on Nantuc ket Harbor, whenever a septic system within 1,000 feet of this line fails, it may be replaced only with a sealed tank to be pumped out periodically." In Section 2.03 (Coastal Dunes), Subsection B(5), add the following words after "...spring high tide li;"'le.": "In the case of a dune along the coast of Nantucket Harbor, whenever a septic system within 1,000 feet of this line fails, it may be replaced only with a sealed tank to be pumped out periodically." In Section 2.05 (Coastal Banks), Subsection B(6), add the following words after "...spring high tide li;"'le.": "In the case of a bank along the coast of Nantucket Harbor, whenever a septic system within 1,000 feet of this line fails, it may be replaced only with a sealed tank to be pumped out periodically." In Section 2.06 (Salt Marshes), Subsection B(S), add the following words after "...spring high tide line": "In the case of a salt marsh bordering on Nantucket Harbor, whenever a septic system within 1,000 feet of this line fails, it may be replaced only with a sealed tank to be pumped out periodically." 4 In Section 2.08 (Land Containing Shellfish), 3ubsection B(5}, add the following words after "...containing shellfish.": "In the case of Nantucket Harbor, whenever a septic system within 1,000 feet of land containing shellfish fails, it may be replaced only with a sealed tank to be pumped out periodically." 8. To define the term "project" as it relates to the Commission's regulations. To Section 1.02 (Definitions), as a separate Jaragraph following the definition of "Private Water Supply," add the following words: "Project - a proposal to do work, or the perf'Jrmance of such work; an undertaking." 9. To clarify the circumstances in which beac', and dune nourishment projects -- replenishing sand to eroding areas -- may be permitted. In Section 2.02 (Coastal Beaches and Tidal Flats), Subsection B, replace regulation #4 with the following: "4. Fill may be used on a Coastal Beach but lot on a Tidal Flat, only if the Commission authorizes its use, anj only if such fill is to be used for a beach or dune nourishment project. All possible mitigation measures shall be taken, ~s determined by the Commission, to 1 imi t the adverse effects of t.le fi ll. II 10. To require that Determinations of Applicability issued by the Commission be recorded at the Registry of Deeds. (See amendment #4, above) 11. To add new performance standards for the ~rotection of wildlife. To be permitted, a project would have to meet these standards. In Section 2.01 (Land Under the Ocean), Subse=tion B, regulation #7, delete the words "Water dependent" and sU:Jstitute the word "All". Also, add the following sentences: "The prohibition of adverse effects on wildlife includes but is not limited to the prohibition of any activity that could reduce the capacity of land under the ocean to provide a feeding area, spawning and nursery ground, or shelter for any organism. Absolutely no alterations or impairments shall be caused to eelgrass (Zostera marina) beds, water circulation and flushing-ates, distribution 5 of sediment grain size, or water quality as d?scribed in Section 2.01 (A). To Section 2.02 (Coastal Beaches and Tidal Flats), Subsection B, change the number of regulation #8 to 9 and ajd a new regulation #8 to read as follows: "No project shall, either temporarily or permanently, impair the ability of the area t:J provide the following benefits for wildlife: shelter; esc3pe cover; mating, nesting, breeding, or hibernating habitat; a 3afe haven for rearing of young; water and food source or su~ply, including food supply of predatory species; rest areas or ov?rwintering areas for migrant species; and habitat diversity. ~ctivities prohibited by this regulation include but are not limited to the following: the use of 'outdoor lighting; the removal of dead trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the cutting of live vegetation except for a footpath; the creatio, of new turf lawns between any structure and a resource area; th~ use of fertilizers or pesticides (including fungicides, insecticides, herbicides, and rodenticides) more than 15 feet from a dwelling; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist a,d multiply in a habitat that would not otherwise support them." To Section 2.03 (Coastal Dunes), Subsection B, change the number of regulation #10 to 11 and add a new regulation #10 to read as follows: "No project shall, either temporarily or permanently, impair the ability of the area to provide the following benefits for wildlife: shelter; escape cover; mating, ~esting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or supply, including food sup~ly of predatory species; rest areas or overwintering areas fo- migrant species; and habitat diversity. Activities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the removal of dead trees; the remo/al of fallen logs; the cutting of live vegetation except for a f:Jotpath; the creation of new turf lawns between any structJre and a resource area; the use of fertilizers or pesticides (i,cluding fungicides, insecticides, herbicides, and rodenticides) mJre than 15 feet from a dwelling; and the releasing of other pJllutants." To Section 2.04 (Barrier Beaches), Subsection B, change the number of regulation #8 to 9 and add a new re]ulation #8 to read as follows: "No project shall, either tempor~rily or permanently, impair the ability of the area tJ provide the following benefits for wildlife: shelter; esc3pe cover; mating, nesting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or SUJply, including food supply of predatory species; rest areas or ov?rwintering areas for migrant species; and habitat diversity. ~ctivities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the r?moval of dead 6 trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the cutting of live vegetation except for a footpath; the creatiol of new turf lawns between any structure and a resource area; th? use of fertilizers or pesticides (including fungicides, insecticides, herbicides, and rodenticides) more than 15 feet from a dw?lling; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist a~d multiply in a habitat that would not otherwise support them." To Section 2.05 (Coastal Banks), Subsection B, change the number of regulation #9 to 8 and add a new regulatio~ #8 to read as follows: "No project shall, either temporarily or permanently, impair the ability of ' the area to provide the following benefits for wildlife: shelter; escape cover; mating, .esting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or supply, including food sup~ly of predatory species; rest areas or overwintering areas fo'- migrant species; and habitat diversity. Activities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the removal of dead trees; the removal of fallen logs; the removal of dead branches overhanging or e<tending into water; the cutting of live vegetation except for a fJotpath; the creation of new turf lawns between any structJre and a resource area; the use of fertilizers or pesticides (including fungicides, insecticides, herbicides, and rodenticides) m:Jre than 15 feet from a dwelling; releasing other pollutants; 3nd the facilitation of artificial feeding which could allow waterFowl flocks to exist and multiply in a habitat that would not othe-wise support them. This regulation appl ies whether the bank is v?getated or not." To Section 2.06 (Salt Marshes), Subsection B, change the number of regulation #6 to 7 and add a new regulatio, #6 to read as follows: "No project shall, either temporarily or permanently, impair the ability of the area to provide the following benefits for wildlife: shelter; escape cover; mating, nesting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or supply, including food supaly,of predatory species; rest areas or overwintering areas fo- migrant species; and habitat diversity. Activities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the removal of dead trees; the removal of fallen logs; the removal of dead branches overhanging or e~tending into water; the cutting of live vegetation except for a f:Jotpath; the creation of new turf lawns between any structJre and a resource area; the use of fertilizers or pesticides (including fungicides, insecticides, herbicides, and rodenticides) mare than 15 feet from a dwelling; releasing other pollutants; 3nd the facilitation of artificial feeding which could allow waterfowl flocks to exist and multiply in a habitat that would not othe,-wise support them." 7 To Section 2.07 (Salt Ponds), Subsection B, c,ange the number of regulation #5 to 6 and add a new regulation #5 to read as follows: "For the protection of wildlife the following activities are prohibited: the use of outdoor lighting; the removal of dead trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the cutting of live vegetation except for a footpath; the cr?ation of new turf lawns between any structure and a resource area; the use of fertilizers or pesticides (including fungicid2s, insecticides, herbicides, and rodenticides) more than 15 feet from a dwelling; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist and multiply in a habitat that would not otherwise support them." To Section 2.09 (Anadromous/Catadromous Fish ,iuns, Banks Along Fish Runs, and Lands Under Fish Runs), Subsection B, change the number of regulation #7 to 8 and add a new regulation #7 to read as follows: "No project shall, either tempor.3.rily or permanently, impair the ability of the area tJ provide the following benefits for wildlife: shelter; escape cover; mating, nesting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or su~ply, including food supply of predatory species; rest areas or ov?rwintering areas for migrant species; and habitat diversity. rictivities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the r2moval of dead trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the cutting of live vegetation except for a footpath; the creatiol of new turf lawns between any structure and a resource area; th? use of fertilizers or pesticides (including fungicides, insecticLdes, herbicides, and rodenticides) more than 15 feet from a dw?lling; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist and multiply in a habitat that would not otherwise support them." To Section 3.01 (Inland Banks and Beaches), Subsection B, change the number of regulation #6 to 7 and add a ne~ regulation #6 to read as follows: "No project shall, either t?mporarily or permanently, impair the ability of the area to provide the following benefits for wildlife: shelter; escape cover; mating, nesting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or supply, including food supply of predatory species; rest areas or oV2rwintering areas for migrant species; and habitat diversity. rlctivities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the r2moval of dead trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the cutt~ng of live vegetation except for a footpath; the removal of rocks, leaf litter, or soil from the bank; the creation of new turf lawns between any structure and a resource area; thl~ use of fertilizers 8 or pesticides (including fungicides, insecticides, herbicides, and rodenticides) more than 15 feet from a dwelling; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist ald multiply in a habitat that would not otherwise support them." To Section 3.02 (Vegetated Wetlands), Subsection B, change the number of regulation #5 to 6 and add a new rejulation #5 to read as follows: "No project shall, either tempor~rily or permanently, impair the ability of the area ta provide the following benefits for wildlife: shelter; esc~pe cover; mating, nesting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or suoply, including food supply of predatory species; rest areas or oV2rwintering areas for migrant species; and habitat diversity. ~ctivities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the removal of dead trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the cutt~ng of live vegetation except for a footpath; the creatio.l of new turf lawns between any structure and a resource area; th? use of fertilizers or pesticides (including fungicides, insecticides, herbicides, and rodenticides) more than 15 feet from a dwelling; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist a~d multiply in a habitat that would not otherwise support them." To Section 3.03 (Inland Water Bodies), Subsec~ion B, change the number of regulation #7 to 8 and add a new regulation #7 to read as follows: "No project shall, either tempora.rily or permanently, impair the ability of the area t:J provide the following benefits for wildlife: shelter; escape cover; mating, nesting, breeding, or hibernating habitat; a safe haven for rearing of young; water and food source or suoply, including food supply of predatory species; rest areas or overwintering areas for migrant species; and habitat diversity. rictivities prohibited by this regulation include but are not limited to the following: the use of outdoor lighting; the removal of dead trees; the removal of fallen logs; the removal of dead branches overhanging or extending into water; the removal of rocks, soil, leaf litter or any vegetation, living or dead, from a ditch, stream, or creek; the cutting of live vegetation except for a footpath; the creation of new turf lawns between any structure and a resource area; the use of fertilizers 0- pesticides (including fungicides, insecticides, herbicides; and rodenticides) more than 15 feet from a dwelli~g; releasing other pollutants; and the facilitation of artificial feeding which could allow waterfowl flocks to exist and multiply in a habitat that would not otherwise support them." 9 In Section 3.04 (Land Subject to Flooding), Subsection A(2}, following the words "erosion control," insert the following: "wildlife,". To regulation #7 in Section 3.04 (Land Subject to Flooding), Subsec t ion B, add the fa 11 owi ng : "When such 1 and conta i ns a vernal pool, the applicant must prove that th~ proposed project will have no effect whatsoever on the pool arO?a itself." 12. To add an additional consideration for granting a waiver from the Commission's regulations, namely that a waiver may be granted for a project which the Commission decides would bring about an improvement over the existing situation, by enhancing wildlife habitat and/or other protected wetland interests. In Section 1.03 (Procedures), Subsection F(l), change paragraph "c." to "d." and add a new paragraph "c." to ~ead as follows: "c. The Comm i ss i on may grant a wa i ver from t .,ese regul at ions when, in the carefully considered opinion of the Commission, a project will improve the natural capacity of a resource area to protect the interests identified in the Bylaw, provided any adverse effects on any such interests are minimized by carefully considered conditions. However, no such proj?ct may be permitted which could have any adverse effect on rare wildlife species." 13. To add new requirements to the instructions applicants receive from the Commission office, so that mare information about the site and the project would be provided in each application and at the site. To add a new Subsection I to Section 1.03 (PrJcedures), to read as follows: " I . In addition to information already r e q u i- e d by the Commonwealth of Massachusetts, the following information is required with each Notice of Intent filed wit, the Commission: Information to be shown on the plan, where ap~licable: - Assessor's reference numbers: map, parcel, lot - All flags and stakes (see below) marked on ~lan and labeled with numbers corresponding to site numbering. Title box: date; owner/prepared for; bar scale. North arrow labeled. Lot areas. Monumentation found/not found. Appropriate engineer's stamp and signature. 2-foot-interval contours based on mean sea level. lOO-year flood elevation. Proposed contours and amount of fi II requir:?d-. 10 High water mark for all water bodies, from Jest available data. SCS soils classification and soils stability data. Highest groundwater elevations on site. Trade names, constituents, application rate3 and frequencies for any pesticides, fertilizers, dust controllers, or de-icers to be used within a resource area or buffer zone. _ Construction details of drainage structures (catch basins, swales, retention areas, ditches, etc.). _ All wetlands, water bodies, banks, ditches capable of carrying water. - 100-foot radius from all wetlands. _ Top and toe of any coastal bank or inland bank, beach, or dune boundary. - Work limits and location of temporary erosi:Jn controls. _ All above-ground structures, roadways, aCCESS ways, and other physical alterations proposed. Identify roadNay material. _ All below-ground alterations and structures, including utility lines, drainage structures, on-site septic systems, wells, and storage tanks. - Dwellings labeled with number of bedrooms. _ Distance of leaching facility to wetlands, ~atercourses, or other resource area. _ Location, capacity, and design details of septic system. Surface drainage directions and destinations. Easements. Zoning setbacks. D.E.M. wetland restrictions. All wells within 100 feet of any proposed septic system On-site requirements to be in place before the field inspection: _ Edges of wetlands within 100 feet of proposed work must be flagged with numbered flags before the field inspection. Lot number must be posted on property. - House number must be visible if it is an existing house. _ All proposed structures or additions, including decks, must be staked for identification purposes at all cor~ers. Stakes must be red-flagged, numbered, and labeled. Show juilding offsets. _ Property boundaries must be staked at all earners. _ Septic tank and leaching field locations must be staked with numbered and labeled stakes. _ Failure to have the lot properly staked may result in non- review and thus costly delay of project... 14. To require that when a public hearing is continued for more information or a revised plan, such informati3n or plan must be received at the Commission's office at least three days before the meeting at which the hearing will continue. To add a new Subsection J under Section 1.03 (Procedures), to read as follows: 11 "When a hearing or meeting on a Notice of Int::?nt or a Request for Determination is continued for more informatian, such information must be received at the Commission's office by the Tuesday morning before the Thursday on which the hearing will continue." ### , .