The purpose of this Article is:
A.
To preserve and protect the streams and other watercourses in the
Town of Medfield and their adjoining lands.
B.
To protect the health and safety of persons and property against
the hazards of flooding and contamination.
C.
To preserve and maintain the groundwater table for water supply purposes.
D.
To protect the community against the detrimental use and development
of lands adjoining such watercourses.
E.
To conserve the watershed areas of the Town of Medfield for the health,
safety and welfare of the public.
A.
The Watershed Protection District is superimposed over any other
district established by this Bylaw. The Watershed Protection District
is defined as all land area along the streams and brooks for a horizontal
distance of at least 25 feet from the normal high water line and from
adjacent low, marshy areas. The names of the brooks included within
the district are as follows: Great Pond Brook, Mill Brook, North Brook,
Saw Mill Brook, Sewall Brook, Nantasket Brook, Turtle Brook, Vine
Brook, Winter Brook, Brooks "A" through "J," inclusive, and all other
brooks in the Town of Medfield.
B.
The Watershed Protection District shall include all land that lies
within a horizontal distance of 25 feet from the normal high water
line of the following major water bodies: Baker's Pond, Cemetery Pond,
Chickering Lake, Danielson Pond, Echo Lake, Flynn's Pond, Hinkley
Pond, Holt's Pond, Jewell's Pond, June Pond, Kingsbury Pond, Little
Chickering Lake, Notch Pond, Parker's Pond, and all other ponds that
are in the Town of Medfield.
A.
Land in the Watershed Protection District may be used for any purpose
otherwise permitted in the underlying district except that:
(1)
No building permit shall be issued nor any building wall, dam
or other structure shall be erected, constructed, altered, enlarged,
or otherwise created or moved for any purpose unless a special permit
is issued by the Board of Appeals.
(2)
Dumping, filling, excavating or transferring of any earth material
within the district is prohibited unless a special permit is issued
by the Board of Appeals.
(3)
No ponds or pools shall be created or other changes in watercourses
allowed, whether for swimming, fishing, or other recreational uses,
agricultural uses, scenic features or drainage improvements or any
other uses, unless a special permit is issued by the Board of Appeals.
B.
Dams and water control devices.
(1)
Proper operation and maintenance of existing dams and other
water control devices are permitted uses under this Article. This
includes the temporary alteration of the water level for emergency
or maintenance purposes and the removal of any and all flashboards
of a privately owned dam in order to lower the water level.
(2)
No new dams or other water control devices shall be created
unless a special permit is issued by the Board of Appeals.
C.
Maintenance of municipal facilities, such as waterworks, pumping
stations, existing public ways and parks, shall not be subject to
a special permit under this Article.
A.
Any person desiring a special permit for any use set out in § 300-11.3A above within the Watershed Protection District shall submit an application to the Board of Appeals, in accordance with the provisions of MGL c. 40A, as amended. The application shall be accompanied by plans of any construction and of the premises on which it is to be situated. All plans shall show existing and proposed finished ground contours at two-foot intervals. Contours shall be delineated within 200 feet of the proposed construction.
[Amended 4-28-2014 ATM
by Art. 33]
B.
Copies of the application for special permit to the Board of Appeals
with accompanying plans shall also be sent to the Building Inspector,
Board of Health, Conservation Commission and Planning Board for their
recommendations to the Board of Appeals, as to their approval, disapproval
or appropriate recommendations.
C.
All such plans shall be certified by a registered land surveyor or
a registered professional civil engineer.
D.
Prior to submitting an application for special permit, the applicant
shall have obtained an order of conditions or determination of nonapplicability,
as appropriate, from the Medfield Conservation Commission; a copy
of the Commission's decision shall be included with the application.
A.
The Board of Appeals, after holding a public hearing, shall issue
a special permit under this Article only if it finds that the use
of the premises will not endanger the health or safety of the occupants
thereof or of other land in the Watershed Protection District. In
deciding upon applications for a special permit under this Article,
but without limiting the generality of the foregoing, the Board of
Appeals shall find affirmatively:
(1)
That the basement floor elevation for any proposed structure
in a Watershed Protection District having sustained living occupancy
shall be at least two feet above the elevation of the surrounding
Watershed Protection District and that the top of the foundation wall
shall be at least nine feet above the elevation of the surrounding
Watershed Protection District.
(3)
That safe vehicular and pedestrian access to, over and from
the premises is provided on ways having all elevations no less than
two feet above the elevation of the surrounding Watershed Protection
District.
(4)
That because of the location, elevation or for other reasons,
there will be no danger of pollution to public or on-site water facilities.
(5)
That sewage, gas, electricity, fuel, and other utilities will
be adequately protected from all hazards which may arise as a result
of a severe flood.
(6)
That the methods of drainage are adequate.
(7)
That other land in the Watershed Protection District is nevertheless
protected against diminution of value as a result of the proposed
use of the premises.
(8)
The proposed project, and its construction, will be consistent
with the Conservation Commission's decision.
B.
No building permit shall be issued until the Board of Health has
issued a permit under this Article approving the proposed sanitary
and storm drainage system or has allowed 45 days to elapse after receipt
of the application.
C.
No certificate of occupancy shall be issued until the Board of Appeals,
the Building Inspector, the Board of Health, the Conservation Commission
and the Planning Board have received a certified plan showing the
foundation and floor elevations, grading of the premises, elevations
of the completed structure and all elevations, of the various elements
that make up the sewage disposal system, and it is determined by each
board and the Building Inspector that all requirements of all permits
are satisfied or 45 days have elapsed after the receipt of such plan
by the Building Inspector and each board and notification of the Building
Inspector and each board by the applicant for the completion of the
work.
D.
In consideration of any of the items under this § 300-11.5, Issuance of special permits, the Board of Health and the Board of Appeals shall consider the minimum groundwater level in the Watershed Protection District to be two feet below the natural elevations of the ground at the location of the proposed construction, unless data indicate a higher ground water level.
All water bodies encircled by the Watershed Protection District
are hereby included within said district.
Nothing contained in this Article 11 shall limit the authority of the Board of Health with respect to premises in the Watershed Protection District or limit the applicability of the Commonwealth of Massachusetts State Building Code to any structure in the Watershed Protection District.
The furnishing of all plans and specifications necessary to
all boards and authorities as required by this Article shall be the
obligation of the applicant. Each board or authority shall immediately
return to such applicant a dated receipt in duplicate describing the
documents received. Such receipt shall be prima facie evidence of
delivery and date of delivery. A copy of each receipt shall be presented
to the Board of Appeals at least two weeks before the date set for
the hearing of the application.
