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?
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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":
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"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."
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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
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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
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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."
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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
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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."
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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-.
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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:
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"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."
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