Town of Cohasset, MA Article 14 Water Resource District

[Added 4-7-1986 by Art. 39; amended 3-31-2001 by Art. 16; 3-29-2003 by Art. 21]

§ 300-14.1 Purpose.

The purpose of the Water Resource District is to:

A. Promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions, and businesses of the Town of Cohasset; and

B. Preserve, protect, and maintain the existing and potential ground and surface water resources providing water supply for the Town of Cohasset; and

C. Conserve the natural resources of the Town of Cohasset; and

D. Prevent temporary and permanent contamination of the environment.

§ 300-14.2 Establishment of district.

The Water Resource District is hereby established as an overlay district. The Water Resource District is delineated on the Zoning Map.

§ 300-14.3 Definitions.

For the purposes of this article of the bylaw, the following terms and words are given the meanings stated below:

BANK

The portion of land surface which normally abuts and confines a water body and which lies between a water body and a bordering vegetated wetland and adjacent floodplain, or in the absence of these features, it lies between a water body and an upland; the upper boundary of a bank is the first observable break in the slope or the mean annual flood level, whichever is lower; the lower boundary of a bank is the mean annual low flow level.

DEPARTMENT

The Massachusetts Department of Environmental Protection.

ZONE A

Zone A means:

A. The land area between the surface of Lily Pond, the Aaron River Reservoir, and the tributaries or associated surface water bodies to Lily Pond and the Aaron River Reservoir, which include Bound Brook/Herring Brook, Aaron River, Peppermint Brook, and Brass Kettle Brook, and the upper boundary of the bank; and

B. The land area within a four-hundred-foot lateral distance from the upper boundary of the banks of Lily Pond and the Aaron River Reservoir; and

C. The land area within a two-hundred-foot lateral distance from the upper boundary of the banks of a tributary or associated surface water body to Lily Pond and the Aaron River Reservoir, which includes Aaron River, Peppermint Brook, Brass Kettle Brook, and Bound Brook/Herring Brook excluding Bound Brook south of the Bound Brook Control Structure located on Beechwood Street.

D. The area of land described in Subsections A, B and C immediately above is generally depicted on a map entitled "Zone A Delineation" prepared by the Norfolk Ram Group, LLC, dated March 2002 and which is on file with the Town Clerk. The Zone A areas shown on this map are provided to generally depict the above-noted limits of the Zone A areas around the protected waters, in relation to known parcels of land of record at the Cohasset Assessors office. The specific Zone A limits as defined in Subsections A, B and C immediately above (e.g. two-hundred-foot or four-hundred-foot lateral distances) shall control in all matters of interpretation of this map.

E. The area of land described in Subsections A, B, C and D immediately above which shall also be shown on the Town of Cohasset Zoning District Map.

§ 300-14.4 Use regulations.

A. The Water Resource District shall be considered to be superimposed over any other district established in this bylaw. Land in the Water Resource District may be used for any use otherwise permitted in the underlying district, subject to the following limitations:

(1) Prohibited uses. The following are prohibited:

(a) Manufacture, storage, transport, or disposal of toxic or hazardous materials as a principal activity.

(b) Sanitary landfill and other solid waste facilities, automotive graveyard, or other junkyard, municipal wastewater treatment facility, and road salt stockpile.

(c) Auto service stations and automotive repair garages.

(d) Underground storage of hazardous materials or petroleum substances.

(e) Landfills receiving only wastewater and/or septage residuals including those approved by the Department pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c. 83, §§ 6 and 7, and regulations promulgated thereunder.

[Amended 4-28-2014 ATM by Art. 23]

(f) Facilities that generate, treat, store, or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.00, except for the following:

[1] Very small quantity generators as defined under 310 CMR 30.000.

[2] Household hazardous waste centers and events under 310 CMR 30.390.

[3] Waste oil retention facilities required by MGL c. 21, § 52A.

[4] Water remediation treatment works approved by DEP for the treatment of contaminated ground or surface waters.

(g) Petroleum, fuel oils, and heating oil bulk stations and terminals, including, but not limited to, those listed under Standard Industrial Classification (SIC) Codes 5171 and 5983. SIC Codes established in the United States Office of Management and Budget publication, Standard Industrial Classification Manual, as amended.

(h) Storage of liquid hazardous materials, as defined in MGL c. 21E, and liquid petroleum products, unless such storage is:

[1] Above ground level; and

[2] In an impervious surface; and

[3] Either:

[a] In container(s) within a building or in aboveground container(s);

[b] Outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed to hold either 10% of the total possible storage capacity of all containers or 110% of the largest container's storage capacity, whichever is greater.

(i) Storage of sludge and septage, unless such storage is in compliance with 310 CMR 32.30 and 310 CMR 32.31.

(j) Storage of sodium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

[Amended 11-13-2007 by Art. 3]

(k) Stockpiling and disposal of snow and ice containing deicing chemicals if brought in from outside the district.

(l) Storage of animal manures, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate. The term "storage" as used in this subsection shall exclude land application of manure as fertilizer and the deposition of manure on the ground by farm animals and household pets.

[Amended 11-13-2007 by Art. 3]

(m) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material (including mining activities) to within four feet of historical high groundwater as determined from monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey, except for excavations for building foundations, roads, septic systems or utility works.

(n) Discharge to the ground of nonsanitary wastewater including industrial and commercial process wastewater, except:

[1] The replacement or repair of an existing treatment works that will not result in a design capacity greater than the design capacity of the existing treatment works.

[2] Treatment works approved by the Department designed for the treatment of contaminated ground or surface water and operating in compliance with 314 CMR 5.05(3) or (13).

[3] Publicly owned treatment works.

(o) Storage of commercial fertilizers, as defined in MGL c. 128, § 64, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

B. Prohibitions within Zone A of public drinking water supply. In addition to the uses prohibited in the Water Resource District pursuant to Subsection A, the following uses are prohibited within Zone A:

(1) All underground storage tanks;

(2) All aboveground storage of liquid hazardous material as defined in MGL c. 21E, or liquid propane or liquid petroleum products, except as follows:

(a) Storage is incidental to:

[1] Normal household use, outdoor maintenance, or the heating of a structure;

[2] Use of emergency generators;

[3] A response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); and

(b) Storage is within a building, either in container(s) or aboveground tank(s), or outdoors in covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, or 110% of the combined storage capacity of any tanks connected by piping or any other means, whichever is greater, and all piping shall at a minimum have secondary containment. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in accordance with applicable state and local requirements;

(3) Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:

(a) The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works;

(b) Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with Title 5, 310 CMR 15.00, provided that the facility owner has received all necessary approvals from the Department, including without limitation permitting by the Department in accordance with 314 CMR 5.00, any requirement by the Department that the facility owner disinfect the effluent and any requirement by the Department that the facility provide a higher level of treatment prior to discharge;

(c) Treatment works approved by the Department for the treatment of contaminated ground or surface waters and operated in compliance with 314 CMR 5.05(3) or (13); or

(d) Discharge by a public water system of waters incidental to water treatment processes;

(4) Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous wastes that are subject to MGL c. 21C and 310 CMR 30.000, except for the following:

(a) Very small quantity generators, as defined by 310 CMR 30.000;

(b) Treatment works approved by the Department designed in accordance with 314 CMR 5.00 for the treatment of contaminated ground or surface waters;

(5) Sand and gravel excavation operations;

(6) Uncovered or uncontained storage of fertilizers; application of quick-release fertilizers or similar nutrient-containing soil additives;

(7) Uncovered or uncontained storage of road or parking lot deicing and sanding materials;

(8) Storage or disposal of snow or ice removed from highways and streets outside the Zone A that contains deicing chemicals;

(9) Uncovered or uncontained storage of manure;

(10) Junk and salvage operations;

(11) Motor vehicle repair operations;

(12) Cemeteries (human and animal) and mausoleums;

(13) Solid waste combustion facilities or handling facilities as defined in 310 CMR 16.00;

(14) Land uses that result in the rendering impervious of more than 15%, or more than 20% with artificial recharge, or 2,500 square feet of any lot, whichever is greater; and

(15) Commercial outdoor washing of vehicles, commercial car washes.

C. Uses and activities requiring a special permit. The following uses and activities are permitted in the Water Resource District, exclusive of the Zone A area, only upon the issuance of a special permit by the Zoning Board of Appeals ("the Board") under such conditions as the Board may require:

(1) Storage of more than 600 gallons of home heating oils.

(2) Those activities, not prohibited in Subsection A above, that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use or that require an EPA identification number. Such activities shall require a special permit to prevent contamination of groundwater.

(3) On-site sewage disposal having an estimated sewage flow greater than 10,000 gallons per day regardless of lot size or greater than 600 gallons per day if within 500 feet of Lily Pond, Aaron River, Aaron River Reservoir, Peppermint Brook, or Brass Kettle Brook.

(4) Except for single-family dwellings, on-site sewage disposal systems having an estimated sewage flow exceeding 60 gallons per day per 10,000 square feet of lot area, and single-family dwellings with on-site disposal systems having an estimated sewage flow exceeding 600 gallons per day.

(5) Any use that will render impervious more than 40% or 2,500 square feet of any lot, whichever is greater. Any special permit for such use shall include the following conditions:

(a) A system for groundwater recharge must be provided which does not degrade groundwater quality.

(b) For nonresidential uses, recharge shall be by stormwater infiltration basins or similar system covered with natural vegetation, and dry wells shall be used only where other methods are infeasible.

(c) For all nonresidential uses, all such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination.

(d) Any and all recharge areas shall be permanently maintained in full working order by the owner.

(6) More than minor removal of existing trees and vegetation on more than 70% of a lot area.

§ 300-14.5 Design and operation guidelines.

Within the Water Resource District, the following design and operations guidelines shall be observed in all new construction except for single-family dwellings:

A. Safeguards. Provisions shall be made to protect against hazardous materials discharge or loss through corrosion, accidental damage, spillage, or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for hazardous materials, and indoor storage provisions for corrodible or dissolvable materials.

B. Location. Where the premises are partially outside of the Water Resource District, such potential sources as on-site waste disposal systems shall, to the degree feasible, be located outside the district.

C. Disposal. Provision shall be made to assure that any waste disposed on the site shall contain no hazardous materials in quantities substantially greater than associated with normal household use.

D. Drainage. Floor or lavatory drainage shall be directed to an impervious retention facility for controlled removal. Provision shall be made for on-site recharge of all stormwater runoff from impervious surfaces unless, following consultation with the Conservation Commission, the Building Inspector determines that recharge either is infeasible because of site conditions or is undesirable because of uncontrollable risks to water quality from such recharge. Recharge shall be by surface infiltration through vegetative surfaces unless otherwise approved by the Building Inspector following consultation with the Conservation Commission. Dry wells shall be used only where other methods are infeasible and shall employ oil, grease, and sediment traps. Drainage from loading and unloading areas for hazardous materials shall be separately collected for safe disposal.

§ 300-14.6 Procedures for issuance of special permit.

A. The Zoning Board of Appeals ("the Board") may, in its discretion, grant a special permit for a use or activity listed in § 300-14.4C above if the Board determines that the purposes of the Water Resource District as stated in § 300-14.1, Purpose, above and the specific standards described and referred to in Subsection C below are satisfied. The Board shall not grant a special permit under this section unless the petitioner's application includes, in the Board's opinion, sufficiently detailed, definitive and credible information to support positive findings in relation to such purposes and standards. The Board shall consider the recommendations, if any, of the Board of Public Health, Conservation Commission, Planning Board, and Water Commission and shall state in its decision the basis for any departure from such recommendations.

[Amended 5-24-2021 ATM by Art. 28]

B. Upon receipt of the special permit application, the Board shall transmit one copy to the Planning Board, Board of Public Health, the Conservation Commission, and Water Commission for their written recommendations. Failure to respond in writing within 35 days of receipt by the board shall indicate approval or no desire to comment by said agency. The necessary number of copies of the application shall be furnished by the applicant.

[Amended 5-24-2021 ATM by Art. 28]

C. The Board may grant the special permit only upon finding that the proposed structure or use meets the purposes of the Water Resource District as stated in § 300-14.1, Purpose, the provisions of § 300-12.4, Special permits, any regulations or guidelines adopted by the Board and the following standards. The proposed use must:

(1) In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of water that is available in the Water Resource District, provided that no special permit may be granted unless the Board determines that the groundwater quality resulting from on-site waste disposal, other operations on site, and natural recharge will not fall below federal or state standards for drinking water when averaged over the boundaries of the site, or, if existing groundwater quality is already below those standards, that on-site disposal or operations will result in no further deterioration and unless the Board determines that the proposed control and response measures adequately and reliably mitigate risk to groundwater quality resulting from accident or system failure;

(2) Be designed to minimize substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

D. The Board may adopt regulations to govern design features of projects. Such regulations shall be consistent with subdivision regulations adopted by the Planning Board.

E. The applicant shall file seven copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the Board and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

(1) A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use;

(2) For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the Hazardous Materials Coordinator, if any, Fire Chief, and Board of Public Health. The plan shall include:

[Amended 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Art. 28]

(a) Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and cleanup procedures;

(b) Evidence of compliance with the regulations of the Massachusetts Hazardous Waste Management Act, 310 CMR 30, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

(3) Proposed down-gradient location(s) for groundwater monitoring well(s), should the Board deem the activity a potential groundwater threat.

F. The Board may impose reasonable conditions which the Board determines are necessary to ensure adequate safeguarding of the Water Resource District; such conditions may include, without limitation, the following:

(1) Monitoring wells to be located down-gradient of potential pollution sources, with periodic sampling to be conducted by the owner at his expense and the reporting of said sampling to be provided to the Board of Public Health and Water Commission at the owner's expense.

[Amended 5-24-2021 ATM by Art. 28]

(2) Pollutant source reduction, including limitations on use of parking area deicing materials and periodic cleaning or renovation of pollution control devices, such as catch basin sumps.

[Amended 4-28-2014 ATM by Art. 23]

§ 300-14.7 Nonconforming uses.

[Amended 4-30-2018 ATM by Art. 19]

Legally preexisting nonconforming structures and uses in the Water Resource District shall be governed by Article 8 of this bylaw.

§ 300-14.8 Enforcement.

[Amended 5-24-2021 ATM by Art. 28]

Written notice of any violations of this bylaw shall be given by the Building Inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Building Inspector, the Board of Public Health, Conservation Commission, and Water Department. The cost of containment, cleanup, or other action of compliance shall be borne by the owner and operator of the premises.