PART III. MOSQUITO CONTROL PROJECTS AND AGRICULTURAL PROJECTS
3.01 Mosquito Control Projects
Pursuant to Section 2 of the By-law, the Conservation Commission categorically gives permission for mosquito control projects performed pursuant to the provisions of Clause 36 of M.G.L. Ch. 50, S. 5, of M.G.L. Ch. 252, or of any special act, provided that adequate
notice, oral or written, has been given to the Conservation Commission at least one week prior to the commencement of any work other than normal maintenance and control including the application of pesticides.
3.02 Agriculture/Aquaculture
A. Pursuant to Section 2 of the by-law, the Commission gives permission for work on land which is being used as of the effective date of these Rules and Regulations as bogs in actual agricultural use or related land necessary for raising such products, provided such activity is called out in accordance with the following general conditions and any additional conditions deemed necessary by the Commission.
1) All fertilizers, pesticides, herbicides and other such materials shall be used in accordance with all applicable State and Federal laws and regulations governing their use as well as any such municipal regulations, and
2) All activities shall be undertaken in such a manner as to prevent erosion and siltation of adjacent water bodies and wetlands as specified in the U.S.D.A. Soil Conservation Service, “Guidelines for soil and water conservation”, and
3) There shall be no contamination or pollution of any adjacent or contiguous water body, creek, stream, pond, lake or ocean. Any violation of these general conditions shall be cause to revoke permission for operation of the bog under the By-law and require a filing for a Notice of Intent, any other provision of the law notwithstanding.
B. The permission granted in Section 3.01 (1) shall apply to existing bogs in actual production at the effective date of these Rules and Regulations (February 10, 1998)
C. Abandoned bogs under proposed renovations, or the expansion of existing bogs, bog ponds or reservoirs or bogs to be newly constructed, shall be subject to all other provisions of these Rules and Regulations.
3.03 Other Categorical Permission
There shall be no other categorical permission granted by the Conservation Commission except by amendment to this part of these regulations, and in accordance with the provisions of the By-law.
PART IV. VARIANCES
4.01 Variances
1) The Conservation Commission may, in its discretion, grant variances from the specific stipulations of one or more of these regulations pursuant to this Section. Such variances may be granted in specific instances where relief for the property owner may be warranted and said relief will not adversely affect wetland interests. Variances shall be granted only in accordance with the provisions of this Section, in no way wet a precedent.
a) The Conservation Commission is empowered to deny a variance if in its judgment, such denial is necessary to preserve environmental quality of either or both the subject lands and contiguous lands. Due consideration shall be given to possible effects of the proposal or any and all values to be protected under this By-law and to any demonstrated hardship on the petitioner by reason of denial, as brought forth at the public hearing.
b) The Conservation Commission may grant a variance from these regulations upon a clear and convincing showing by the applicant that any proposed work, or its natural and consequential impacts and effects, will not have any adverse effect upon any of the interests protected by the By-law. It shall be the responsibility of the applicant to provide the Conservation Commission with any and all information which the Commission may request in order to enable the Commission to ascertain such adverse effects, and the failure of the applicant to furnish satisfactory information which has been so requested shall result in the denial of a request for a variance
pursuant to this Sub-section.
c) The Conservation Commission may grant a variance from these regulations when it is necessary to avoid so restricting the use of the property so as to constitute an unconstitutional taking without compensation. If an application for a variance pursuant to this Sub-section is received by the Conservation Commission, the Commission may request an opinion from Town Counsel as to whether the application of these regulations to a particular case may result in such a taking without compensation.
PART V. FORMS
5.01 All forms submitted to the Commission or issued by the Commission will be those standard forms approved by the Commission prior to their use and will be available from the Commission or its agent (s). The same forms as those required by M.G.L. Chapter 131, s.40 may be submitted if notice is given of application per Hanson By-law Article 3-13.
PART VI. MISCELLANEOUS
6.01 Appeal
Any person aggrieved by the decision of the Conservation Commission, under Article 3-13, whether or not previously a party to the proceeding, may appeal according to the provisions of the Massachusetts General Laws, C.249, s.4. Notice of said appeal and a copy of the complaint shall be sent certified mail, or hand delivered, to the Conservation Commission, its authorized representatives or assigns, and the Town Counsel. The complaint shall contain any facts pertinent to the issue, a copy of the decision
appealed and bearing the date of the filing thereof, the complete name and address of the party filing the appeal, the name and address of the attorney, if any, representing the person filing the appeal and the relief sought.
6.02 Compliance
The Commission may require as a permit condition that the performance and observance of other conditions be secured by one or both of the following methods.
1) By a bond or deposit of money or negotiable securities in an amount determined by the Commission to be sufficient and payable to the Town.
2) By a conservation restriction, easement or other covenant running with the land, executed and properly recorded, or registered, in the case of registered land.
6.03 Bond
The amount of the Bond, which may be required under 6.02 (1) above shall be determined by the Commission. A bond estimate may be requested from the Commission wand will remain effective for 60 days. The cost of this estimate will be borne by the applicant. The amount of the bond shall reflect the cost for the Town to complete the work and additional consultation fees. The Bond shall be released by the Commission only upon satisfactory completion of an Order of Conditions and issuance of a Certificate of Compliance.
6.04 Filing Fees
These fees are in addition to the fees for the filing under M.G.L. Ch. 131, s.40. In addition, the Conservation Commission is authorized to require the applicant to pay the costs and expenses of any expert consultant deemed necessary by the Conservation Commission to review the application and plans as well to conduct any other inspections, reviews or analysis deemed necessary by the Commission under M.G.L Chapter 44, Section 53G as Amended by §36 of Chapter 46 of the Acts of 2003, Rules for Hiring Outside Consultants.
Consultant Review Fee Schedule
The fees identified below will be imposed at the discretion of the Hanson Conservation Commission upon the filing of a permit application as identified below. Funds will allow the Commission to hire professional consultants as deemed necessary to conduct the review and render an informed decision as per 310 CMR Chapter 44 § 53G as Amended by § 36 of Chapter 46 of the Acts of 2003. Monies not utilized by the Commission for review of applicable projects will be returned to the Applicant with interest.
Permit Application |
Lot Size |
Review Fee
|
Request for Determination |
< or = 1 acre |
$ 100 |
|
> 1 acre |
+ $50/acre |
|
|
|
Notice of Intent – Single family |
< or = 1 acre |
$ 100¹ |
dwelling |
> 1 acre |
+ $50/acre |
|
|
|
Notice of Intent – commercial/ |
< or = 1 acre |
$ 2,000¹ |
industrial |
> 1 acre |
+ $50/acre |
|
|
|
Notice of Intent – Subdivision |
< or = 3 lots |
$ 3,000¹ |
|
> 3 lots |
$5,000¹ ² |
|
|
|
Notice of Resource Area Delineation |
|
As per the Commission’s Consultant’s proposal³ |
¹ Additional fees may be necessary for certain projects such as, but not limited to, those requiring filling of wetlands and wetlands replication.
² Uniform procurement (G.L. Chapter 30B) requirements must be followed when hiring consultants. Procurements for less than $5,000 simply need to be based on “sound business practices”; the Commission may select whom it wishes. Those from $5,000 but less than $25,000 require at least three written or oral quotes, the person or firm offering the lowest quote for the work needed must be selected.
³ The Applicant shall submit an extra copy of the NRAD to be forwarded to the Commission’s Consultant for a proposal. The applicant shall submit the review fees, as per the proposal, prior to review of the ANRAD.
- Permit fees are payable at the time of application and are nonrefundable.
- Permit fees shall be calculated by this Commission as noted below.
- Town, State, County or Federal projects may be exempt from fees.
- Failure to comply with this By-law after official notification will result in fees twice those normally assessed.
- Request for Blanket Determination of Applicability $50.00
A Simplified Review Process for projects that meet specific criteria including being at least 50 feet from the boundary of a wetland resource area and that the work will not have an adverse effect on the resource area in question. Eligible projects include:
- Excavation of test pits
- Performance of test pits
- Upgrade of septic systems (non-commercial properties only)
Above ground swimming pools
- Sheds (any size provided they are on concrete footings not to exceed 12” diameter)
- Playscapes and swingsets (provided they are on concrete footings not to exceed 12” diameter)
Decks and Sunrooms
- Gardens (vegetable or flower)
- Irrigation and domestic wells
- Request for Determination of Applicability $75.00
NOTE: If a Positive Determination is issued, the $75.00 fee paid for the Determination will be subtracted from the fee for the Notice of Intent.
Category |
Filing Fee |
Certificate of Compliance Request |
Total |
Category 1 |
$110.00 |
$100.00 |
$210.00 |
Category 2 |
$500.00 |
$100.00 |
$600.00 |
Category 3 |
$1,050.00 |
$100.00 |
$1,150.00 |
Category 4 |
$1,450.00 |
$100.00 |
$1,550.00 |
Category 5 |
$4.00 / linear foot |
NA |
Appendix |
d) Abbreviated Notice of Resource Area Delineation (ANRAD)
$100.00 per resource area delineated on all resource area types as described below:
- each Bordering Vegetated Wetland
- each isolated Wetland regardless of type and size
- each Riverfront Area including any FEMA flood zone;
- each Vernal Pool; regardless of size
- each intermittent Stream, brook, etc.
- each “other” area that meets State and Local standards to qualify as a resource area and not listed in a – e.
*This fee is in addition to a Consultant Review Fee that may also be required as per Fee Schedule on page 36.
e) Extensions of Permits:
- Categories 1 or 2 : $50.00
- Other Categories: $100.00
f) Re-inspections of any kind: $100.00 per inspection
g) Re-filing of a previously denied project within three years: original fee or $1,000 whichever is less.
h) Certificate of Compliance: $100.00 included in filing fee.
NOTE: A written request must be submitted to the Commission with
at least 10 days notice.
i) Request for a letter, etc. for Bank Closings: $50.00
j) Failure to file an Order of Conditions or the Extension or an issued Order
of Conditions for which the Commission files same at Registry of Deeds: $150.00
k) Request for an Amendment to an Order of Conditions: $50.00
a) For all projects a fee of 50 cents per square foot of wetland disturbance and 2 cents per square foot of floodplain or buffer zone disturbed will be assessed.
b) Copies of By-law and Rules and Regulations: $50.00
c) Copies of Conservation Commission records: $ .20 per page
d) Research fees in accordance with Public Records Law
[G.L. c. 66 4 §7(26) & 950 CMR 32.00]
e) Fax fees:
$3.00 first page
$1.00 each additional page
4) Riverfront Resource Area
a) An additional 50% of the total fee of the total fee calculated – for projects having one or more resource areas as well as Riverfront Area.
b) For projects proposed within the riverfront resource area only, use standard fees as listed above.
NOTE: ALL AFTER-THE-FACT FILINGS WILL BE SUBJECT TO DOUBLE (2X) THE ORIGINAL FEES
PART VII. FILING PROCEDURES
7.01 Minimum Submittal Requirements
A Notice of Intent must include at a minimum, a properly executed form and the information in 7.02, 7.03 and 7.04 unless a variance is requested by the applicant and permission granted by the Conservation Commission.
7.02 Information To Be Submitted
The following items are set out as a minimum standard. The applicant may submit, or be required to submit, any further information which will assist in review and which is deemed necessary to determine the proposed effect on the interests describing the proposed activity and its effect on the environment. Due regard shall be given for all natural features such as large trees, water courses and water bodies, wetlands, wildlife habitat, and similar community assets.
1) Description of any alteration to Flood Storage Capacity on the site. Include calculations for 10, 50, and 100 storm events, include watershed and F.E.M.A. maps if necessary.
2) Maximum and minimum ground water elevations. The calendar dates of measurements, samplings, and percolation tests shall be included, regardless of planned sewer connections.
3) Soil characteristics in representative portions of the site, including depth of peat and muck in wetlands, including test borings.
4) A runoff plan and calculations by a Registered Professional Engineer using the Rational Method (small areas) or the Modified Soil Cover Complex Method (areas greater than 5 acres) and based on the 10 year, 25 year, 50 year and 100 year flood frequency event period. Calculations shall show existing and proposed runoff conditions for comparative purposes.
5) Methods to be used to stabilize and maintain any embankments facing any wetland.
6) Methods to control erosion during and after construction.
7) The Hanson Wetlands By-law considers wildlife, erosion control, aesthetics and recreation as values of the wetlands. The applicant should include a discussion of the effect of the proposed project on these values.
8) Included in materials submitted with a Notice of Intent shall be a signed statement from the professional who performed the field investigation, detailing the date of the work and types of vegetation found.
9) A signed statement reflecting the investigator’s assessment of the resource area shall be submitted concerning the function of the resource area and proposed construction impacts.
10) Atlas sheet, and lot.
11) Upon receipt of the Notice of Intent, a public hearing shall be held by the Conservation Commission within 21 days of receipt of the minimum submittal requirements set forth in Section 7 and shall be advertised in accordance with the By-law and the requirements of the Open Meeting Law, M.G.L., Chapter 29, s.23B.
.
12) In additions, abutters, as identified from the latest available assessor’s records shall be notified at least one week prior to the public hearing by certified mail or hand delivery, at the applicant’s expense, and proof of notification shall be submitted to the Commission prior to the hearing.
13) The amount and type of fill material brought to or from the site shall be addressed in the Notice of Intent.
14) The Botanist will submit a resume to the Commission and it will be kept on file.
15) Certification by the State of person taking soil samples will be kept on file.
16) All Bordering Vegetated Wetlands on abutting property(s) within 100 feet of applicants project shall be clearly defined.
7.03 Plans
1) All drawings shall be drawn (1” equals 10’; 1” equals 20’; 1” equals 40’) with the title designating the name of the project location, the name(s) of the person(s) preparing the drawings, the date prepared, including all revision dates. Drawings shall be stamped and signed by a Registered Professional Engineer, Registered Professional Land Surveyor or Registered Professional Landscape Architect.
2) Drawings must include a delineation of all wetlands, both permanent and seasonal, natural or man-made, and should be clearly delineated as indicated below:
a) Open or flowing water: light blue
b) Marsh or swamp: light blue with swamp symbols superimposed.
c) All meadows, flats, and other lands subject to flooding: outlined with a dashed blue line
d) BVW line: dark blue
3) Drawings must indicate 100 foot Buffer Zone in yellow.
4) Drawings must indicate flood plain boundary in pink.
5) Drawings must show the 200’ Riverfront area.
a) 100’ Inner Riparian Zone in orange.
b) 200 Outer Riparian Zone in green.
6) Drawings must include a delineation of all alterations proposed in or adjacent to wetlands and floodplains as indicated below. Any alterations should be clearly explained in text or footnotes.
a) areas to be dredged out: outlined in red
b) areas to be filled: outlined in green
c) areas to be altered in any other way: outlined in black
7) Contours shall not exceed two feet. USGS base shall be used for measurement of all datum. Include calendar date of measurements and samplings.
8) Drawings must indicate existing and proposed contours and interval used, include pond bottom and stream invert contours. Existing contours in dashed lines, proposed in solid lines.
9) Drawings must indicate locations, sizes, inverts and slopes of existing and proposed culverts and pipes.
10) Drawings must indicate location and elevation of benchmark used for survey.
11) Drawings must include existing and proposed water storage capacity of the property, including calculations and data on which the capacity is based. If filling is proposed, determine the effect on downstream channels and culverts.
12) Drawings must indicate locations and elevations of sills and bottom of septic systems.
13) Drawings must indicate all existing structures, trees with a diameter of 5” or more at breast height, fences, rock and ridge outcroppings, stone walls, and historic sites. Detail proposed alterations.
14) Drawings must indicate invert elevations of sills and bottom of septic system.
15) Drawings must indicate proposed on-site pollution control devices, such as hooded catch basins, oil absorption pillows, detention/retention basins, flow dissipaters or vegetative buffers.
16) Drawings must show locations and detail of erosion control measures.
17) Wetlands shall be flagged in the field at the time of submission of a Notice of Intent and flag positions and numbers shown on plan. Flags shall be marked with numbers, beginning with one (1). The initial of the field investigator shall appear under the flag number. If soils are used in conjunction with vegetation to determine a BVW line, these test holes must be shown o the proposed plan and marked in the field with the test hole number and person doing the soil evaluation.
18) Drawings must indicate limit of work line with hay bales.
19) Drawings must have a locus block.
20) Drawings must have a North Arrow.
7.04 Filing Requirements to be Fulfilled Prior to Site Inspections
1) Before site inspections can be made by the Conservation Commission, the following conditions must be met:
a) Stakes indicating the corners of houses or other structures nearest the wetland resource area.
b) Stakes indicated the septic tank and the leaching field locations.
c) Stakes indicating the limit of work.
d) Lot number or house number shall be posted at the location and observable from normal access.
e) Edges of all resource areas shall be delineated. (Please refer to Rules and Regulations for definitions).
f) Directions shall be made available to the Commission to locate property.
g) Lot corners are to be staked.
2) Failure to have the lot staked will result in Non-review and thus delay the project.
3) Upon completion of staking, the Commission office should be notified and a site inspection shall be arranged prior to the scheduled public hearing.
7.05 Conditions Regulating the Work Requested
1) Hanson Conservation Commission members and/or its Agents shall have the right to enter and inspect the premises to evaluate the site for a filing before the Commission as well as for compliance with an issued Order of Conditions.
2) No work may proceed until the Applicant has received all other permits required by law, including but not limited to, any permit required by the Hanson Board of Health, the Hanson Planning and Zoning Board the Hanson Board of Appeals, the Hanson Fire Department Regulations pertaining to hazardous material storage and tank constructions, the Department of Environmental Protection, or the Army Corps of Engineers. Additionally, the applicant must address any tax liability pursuant to the Town’s acceptance of M.G.L., Chapter 40 57.
3) This permit is granted under the Hanson Wetlands Protection By-law subject to the conditions imposed herein, for three years. Requests for and extension of this permit must be submitted in writing no less than 30 days prior to the expiration date of this permit.
4) Any substantial change made or intended to be made in the plans shall require the applicant to file a new Notice of Intent or to inquire in writing by certified mail to the Commission, whether the proposed change is so substantial as to require the filing of a new Notice of Intent.
5) The Commission shall receive 48 hours advance notice before the commencement of any site alteration as described in 1.02 A and B, excavation or construction.
6) All structures, facilities and equipment as parts of this project shall be continually operated and maintained so as to comply with the issued Order of Conditions. This provision applies specifically to all heavy machinery/equipment used on a project. Any leakage of oil, hydraulic fluid, gasoline or any other pollutant must be cleaned up immediately and the defective equipment responsible for said leakage must be immediately repaired or removed form the site.
7) A copy of the issued Order of Conditions for the project/property shall be kept on site at all times during construction. All contractors and sub-contractors shall be provided with a copy of this document and should be prepared to produce said Order of Conditions upon request by a member of the Commission or its Agent.
8) Violation of any of these conditions shall be subject to a daily fine, pursuant to the applicable section of Town of Hanson Wetlands Protection By-law until said violation (s) has/have been corrected to the satisfaction of the Conservation Commission.
9) Work shall proceed in strict accordance to the referenced plan(s) in the issued Order of Conditions.
10) Compliance must be made with the requirements of Title 5 of the State Environmental Code and the Hanson Board of Health regulations. No new sewage disposal systems shall be constructed with 100 feet of a protectable resource area. All repairs to existing sewage disposal systems shall meet State and/or Local Board of Health regulations.
11) Siltation controls must be provided as necessary and approved by the Commission and must remain in place through regular maintenance until all disturbed areas have been deemed stabilized to the satisfaction of the Commission via a site inspection and/or the issuance of a Certificate of Compliance for the entire project.
12) Applicant shall request a Certificate of Compliance from the Commission upon completion of the proposed work by following the instructions set forth in Section 1.05 (8) of these Rules and Regulations.
13) Hazardous materials shall be all those materials defined as hazardous pursuant to 101 (14) of the Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and also 310 CMR 30. No Hazardous Materials shall be stored within 100 feet of a protectable resource area nor be allowed in any area in which their presence poses a significant present or potential hazard to either surface or ground water quality.
14) Construction and storage of fuel oil tanks shall adhere to the Board of Fire Prevention Regulations in effect.
In Conformance with the Town of Hanson’s Wetlands Protection By-law, all parts of Section 5 are hereby referenced and expressly made a part of these Rules and Regulations.
PART VIII BUFFER ZONES
8.01 Buffer Zone Set Backs
1) The Commission, based on its experience, has devised NO DISTURB zones (see 1.04) for applicants to use in designing their projects to achieve the resource protection sought by the by-law.
2) Dimensions for NO DISTURB areas:
a) Single family homes, including decks, porches, garages, asphalt or bituminous concrete parking areas
i) from top of bank of a water body: 50 feet
ii) from edge of a vegetated wetland: 50 feet
b) Multiple dwelling structures, including utility buildings and ancillary structures and devices.
i) from top of bank of a water body: 50 feet
ii) from edge of a Vegetated wetland: 50 feet
c) Commercial and Industrial Structures
i) from top of bank of a water body: 50 feet
ii) from edge of a Vegetated wetland: 50 feet
iii) Areas paved with asphalt or bituminous concrete or for parking, storage or repair of motor vehicles or motorized equipment: 95 feet
d) Structures for storing petroleum distillates, fertilizers, pesticides or solid or liquid chemicals deemed hazardous by the Town Health Department: 95 feet
e) Permanent or temporary structures or devices for storing or receiving trash or garbage: 50 feet with a fence to prevent material from spreading
f) All dumpsters will be the self-contained and liquid type with no drains.
4) Buffer Strip
a) Goal:
The goal of the Commission is to maintain a strip of dense, vegetative cover between the development activity and the resource plant materials suitable for the maintenance of wildlife, both flora and fauna.
b) Function
A Buffer Strip serves to provide wildlife habitat, improve water recharge, reduce pollution and erosion and to maintain the natural appearance of our freshwater shorelines.
c) Size of Buffer Strip
1) Such a strip shall be a minimum of fifty feet (50) in width running along the resource area boundary, unless such width is unreasonable in view of the lot size. Placement of an existing structure or such placement of an existing structure or such other factors as the Commission may consider.
d) Elements of a Buffer Strip
Such a strip may consist of field grasses or wildflower meadow plantings, mowed once or twice per year of dense plantings of indigenous species such as Rosa rugosa, bayberry, etc.. In this case, plantings may be kept at a two to three foot height where necessary for view preservation, either by annual pruning to that height or by clear cutting to the ground once every three years, or as otherwise conditioned to permit re-growth from the plant’s base.
1) Where new plantings are permitted in the Order of Conditions, slow release fertilizer may be required. The use of pesticides should be limited but if needed, I.P.M. (Integrated Pest Management) or best management practices should be utilized. Consult Plymouth County Extension Service for further details of I.P.M.
2) Plantings which require heavy watering will not be permitted, particularly adjacent to banks where such watering may result in runoff and erosion.
3) An access path, not more than four feet (4’) wide through the strip may be maintained by such mowing as is required.
4) Permissible work in the Buffer Strip: While it is the Commission’s intent that no work shall occur in this strip, any work which is proposed must meet a higher performance standard than work proposed elsewhere in the Buffer Zone, and will generally be limited to pruning and lifting as defined below:
d) Mitigation
The Commission may require that a buffer strip be created where none presently exists to mitigate past or present construction impacts.
5) Pruning, Cutting & Clearing
1) Filing Requirements
All proposed cutting, pruning, clearing or other vegetation removal projects require the filing of a Request for Determination of Applicability, a Notice of Intent, or and Administrative Review. Such filings should use the definitions below. All such proposed work shall be done in consultation with and under the supervision of the Conservation Commission or its designated agent.
b) Alterations within a resource area or Buffer Strip by cutting, removal or other destruction of above-ground vegetation within a Resource Area as defined in Section 1.02 of these regulations or within a Buffer Strip as defined above will be limited to Vista Cutting and Pruning. If a Buffer Strip is to be maintained in grasses or as a wild flower meadow, other appropriate vegetation removal may be approved.
c) Identification of a specific view
View clearing in the buffer zone or vista cutting and pruning in the Buffer Strip or resource area will be limited until construction is completed and/or a specific view identified. Applicants are encouraged to consult with the Commission before submitting the appropriate filing and when planning projects that involve the removal or replacement of vegetation in the Buffer Zone, Buffer Strip or Resource Area.
d) Definitions
1) Pruning: Removal of dead, diseased, obstruction, and weak branches, as well as selective thinning of branches to lessen wind resistance.
2) Selective Pruning: Limited pruning of tree branches and brush and the removal of dead trees.
3) Lifting: Lifting of the canopy by removing lower limbs from the main trunk.
4) Cutting: The removal of vegetation.
5) Selective Cutting: The removal of small, weaker trees and less desirable tree species, leaving the more vigorous trees.
6) Vista Cutting: The removal of vegetation that blocks a view.
7) Clear Cutting: Removal to the ground of all woody vegetation, including mowing of the under-story brush down to a minimum height of two inches (2”).
Land Subject to Flooding or Inundation by Groundwater or Surface Water: This section 310 CMR 10.57 is incorporated subject to the changes below:
e) Docks (Piers)
1) Preamble: For the most part, docks provide private, not public access to resources which are, themselves, public and upon which dock construction and use impacts are adverse. Docks and piers are also subject to Hanson Zoning By-laws.
These adverse impacts cover a broad range. Turbulence and prop dredging generated by boat traffic to and from docks significantly increase turbidity levels which block sunlight necessary for the photosynthetic processes upon which the productivity of our waters depend. Suspended sediments, shellfish and altering the quality of the sand bottom essential for spat (mollusk larvae) settlement. Dock structures alter the circulation patterns which affect shellfish settlement. Prop dredging in near shore areas destroys shellfish habitat. Boat traffic generated from docks adds to this disruption and causes erosion of banks and marshes.
2) Presumptions
Docks are one of the few activities which come before the Commission for regulation which occur entirely within resource areas. ie: beaches, flats, and freshwater wetlands, land under freshwater bodies, to flooding. Collectively, these resource areas are presumed significant to all the interest protected under both the Wetlands Protection Act and the Hanson Wetlands Protection By-law Article 3-13.
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