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Chapter 7.1 Section XIII Flood Plain
SECTION XVI
AQUIFER PROTECTION DISTRICT

1)      Intent and Purpose

1.0     Whereas, the Town of Holden wishes to safeguard and protect town sources of water supply by preserving and maintaining the filtration and purification function of the land, the groundwater table and the purity of groundwater supplies and;

Whereas, the groundwater supplies underlying Holden are the primary sources of Holden's existing and future drinking water supply, and;

Whereas, the groundwater aquifers are integrally connected with, and flow into, surface waters which constitute significant recreational and economic resources of the town, and;

Whereas, accidental spills and discharges of petroleum products and other toxic and hazardous materials and sewage discharge have repeatedly threatened the quality of such groundwater supplies and related water resources throughout towns in Massachusetts, posing potential public health and safety hazards and threatening economic losses to the affected communities, and;

Whereas, the groundwater aquifers are recharged by precipitation falling upon the land surface directly above the aquifers, and as more of that land surface is rendered impervious by development, recharge may decrease, threatening the eventual inability of the aquifers to meet the Town's demand for water;

Now, therefore the Town of Holden hereby adopts the following bylaw which shall be known as the "Aquifer Protection District" zoning by-law.

2)      Aquifer Protection District

2.0     The Aquifer Protection District shall be considered as overlapping other zoning districts. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this district.

For the purposes of this district, there are hereby established within the town certain aquifer protection areas, consisting of aquifers and/or aquifer recharge areas. Aquifers and aquifer recharge areas are defined by standard geologic and hydrologic investigations which may include drilling observation wells, utilizing existing boring data and stratigraphic profiles, conducting seismic surveys or other geophysical techniques, performing pumping tests, water sampling and geologic mapping.

The Aquifer Protection District includes the aquifer itself, the land above the aquifer and the aquifer's significant areas of recharge consisting of:

2.1     Area 1 - Area of influence of all existing and proposed (confirmed by long-term pump test) municipal wells within the Town. The Area 1 boundaries also include all Zone I and Zone II delineations for existing and currently proposed public water supply wells or wellfields required by the Mass. Dept. of Environmental Protection (DEP), as set forth in 310 CMR 22.00 and the "Guidelines and Policies for Public Water Systems," as existing on April 23, 1991.

2.2     Area 2 - Major aquifers and primary areas of recharge.

The boundaries of this district are shown on a map entitled "Aquifer Protection District," dated November 19, 1990. This map is hereby made a part of this by-law and is on file in the Office of the Town Clerk and the Town Planning Department.

3)      Exemptions

3.0     In any instance where a property owner(s) disputes the inclusion of their property in the Aquifer Protection District, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should be properly located. The owner(s) may engage a professional hydrogeologist or registered professional engineer or geologist with experience in hydrogeology to determine if that property should be included in the Aquifer Protection District based on the definition and purposes of the district and the characteristics of the property.

Based on this determination, the property owner may apply to the Zoning Board of Appeals for a special permit for any use that would otherwise be permitted in the underlying zoning district but which is prohibited or constrained by the restrictions of the Aquifer Protection District. The Board of Appeals shall find, based on Sections 1.0 and 2.0 that the property is or is not exempt from the provisions of the Aquifer Protection District By-law and may therefore issue a special permit.

4)      Use Regulations

4.1     Within the Aquifer Protection District, the following uses are allowed:

4.11    Area l:

a)      Conservation of soil, water, plants and wildlife.

b)      Outdoor recreation, nature study, boating, fishing and hunting where otherwise legally permitted.
c)      Duckwalks, landings, foot, bicycle and/or horse paths and bridges.
d)      Proper operation and maintenance of existing dams, splash boards, and other water control, supply and conservation devices.
e)      Maintenance and repair of existing structure provided there is no increase in impermeable area.

Nonintensive agricultural uses (pasture, light grazing, hay), gardening, nursery, conservation, forestry and harvesting provided that fertilizers, herbicides, pesticides and other leachable materials and soil conditioners, as defined in M.G.L. Chapter 128, Section 64, are stored within a structure designed to prevent the generation and escape of contaminated runoff or leachate.

Where the application is being made of fertilizers, pesticides, herbicides or other potential contaminants, groundwater quality monitor test wells may be installed and periodically sampled and tested at the town's expense. Test wells shall be located by a professional geologist, hydrologist or engineer trained and experienced in hydrogeology. Sampling will be conducted by an agent of the Board of Health.

g)      Necessary public utilities/facilities designed so as to prevent contamination of groundwater.
h)      Residential development of single family dwellings, such that no more than 5% of the building lot is rendered impervious. Where not serviced by public sewerage, lot size shall be a minimum of 10,000 square feet of lot area per 55 gallons per day of on-site domestic sewage disposal generated, as determined by Title 5 of the State Environmental Code. Where serviced by public sewerage, minimum residential lot size shall comply with the dimensional requirement of the underlying residential zone.
i)      Commercial development (retail shopping, business or professional office) or industrial development (limited to storage of nontoxic, nonhazardous materials) on lots of at least 80,000 square feet in area such that no more than 20% of the building lot is rendered impervious; roof, parking and drive runoff is recharged on-site to the maximum extent practicable with parking and drive runoff discharged to oil/gas trap catch basins with appropriate sumps prior to recharge; and, where not serviced by public sewerage, on-site domestic sewage disposal is less than or equal to 55 gallons per day per 10,000 square feet of lot area.

4.12    Area 2:

a)      All uses permitted in Area 1, above, and the following uses as permitted in the underlying district.
b)      Residential development of single-family dwellings, such that no more than 10% of the building lot is rendered impervious. Where not serviced by public sewerage, lot size shall be a minimum of 10,000 square feet of lot area per 110 gallons per day of on-site domestic sewage disposal generated, as determined by Title 5 of the State Environmental Code. Where serviced by public sewerage, minimum residential lot size shall comply with the dimensional requirement of the underlying residential zone.
c)      Commercial development (retail shopping, business or professional office) or industrial development (limited to storage of nontoxic, nonhazardous materials) on lots of at least 40,000 square feet in area such that no more than 40% of the building lot is rendered impervious; roof, parking and drive runoff is recharged on-site to the maximum extent practicable with parking and drive runoff discharged to oil/gas trap catch basins with appropriate sumps prior to recharge; and, where not serviced by public sewerage, on-site sewage disposal is less than or equal to 110 gallons per day per 10,000 square feet of lot area.
d)      Uses permitted in the underlying districts, subject to Section 4.2 such that runoff waters from constructed impervious surfaces shall be treated and recharged to the groundwater system to the extent practicable.

4.2     Within the Aquifer Protection District, the following uses are prohibited:

4.21    Area l:

a)      Disposal by any means and storage of any waste material (solid or liquid) other than domestic sanitary wastes by an approved subsurface sewage disposal system.
b)      Outdoor or underground storage and disposal of leachable, potentially noxious materials including but not limited to hazardous materials, chemicals, fertilizers, manure, and petroleum products.
c)      Stockpiling and disposal of snow or ice removed from highways and streets located outside of Area 1 that contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
d)      Uses which, as part of normal operating or maintenance procedures, would involve the application, transfer, storage, treatment, disposal or generation of toxic or hazardous materials.
e)      Any use or application of toxic or hazardous materials, even in small application or as accessory to a nonrelated practice.
f)      Commercial excavation and removal of sand and gravel.
g)      Processing and treating of mixed and quarried raw materials.
h)      Power plant, sewage treatment plant and refuse facility.

4.22    Area 2:

a)      Disposal of solid wastes, other than brush and stumps.
b)      The disposal of liquid or leachable wastes other than sanitary domestic wastes or innocuous process wastes.
c)      Stockpiling and disposal of snow or ice removed from highways and streets located outside of Area 2 that contains sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for snow and ice removal.
d)      Automotive service and repair shops, junk and salvage yards.
e)      Car washes.
f)      Dry cleaning establishments, metal plating operations, manufacturing, or chemical or bacteriological laboratories not serviced by public sewerage.
g)      Any other use which involves as a principal or accessory activity the manufacture, storage, use, transportation, treatment, generation or disposal of toxic or hazardous materials.
h)      Processing and treating of mixed and quarried raw materials.
i)      Power plant, sewage treatment plant and refuse facility.

4.3     Within the Aquifer Protection District, the following uses are permitted only by special permit that is subject to the approval of the Zoning Board of Appeals with such conditions as they may attach and subject to Section 4.2:

4.31    Area 1:

a)      Any use involving the retention of less than 50% of lot area in its natural state with no more than minor removal of existing trees and ground vegetation.
b)      Any use involving as a principal or accessory activity the excavation or removal of greater than 10,000 cubic feet of earth material, consolidated or unconsolidated.
c)      Expansion of existing or nonconforming uses to the extent allowed by the underlying district.
d)      Uses calling for greater impervious cover than prescribed in Section 4.11-h and 4.11-i, provided that plan calls for method of recharging proposed increases in runoff waters.
e)      Non-profit hospital, provided that plan proposes connection to the municipal sewer system.
f)      Public utility except power plant, water filtration plant, sewage treatment plant and refuse facility.
g)      Commercial forestry when not subject to a state approved cutting plan.
h)      Raising and keeping of livestock, horses and poultry.
i)      Commercial stables, kennels or veterinary hospitals.
j)      Water filtration plant (in underlying R-40 areas, only).
k)      Town equipment garage (in underlying R-40 areas, only).
l)      Restaurants (in underlying R-40 areas, only), if plan proposes connection to the municipal sewer system.
m)      Open storage of construction equipment and structures for storing such equipment.

4.32    Area 2:

a)      Transportation terminals.
b)      Any principal use involving the sale, storage, transportation of fuel oil or gasoline.
c)      Uses calling for greater impervious cover than prescribed in Section 4.12-b and 4.12-c, provided that plan calls for method of recharging proposed increases in runoff waters.
d)      Any use involving on-site disposal of process wastes from any operation other than normal domestic uses.
e)      Any use (other than a single-family dwelling) with a sewage flow, as determined by Title 5 of the State Environmental Code, exceeding 110 gallons per day per 10,000 square feet of lot area or exceeding 15,000 gallons per day regardless of lot area.
f)      Expansion of existing or nonconforming uses, to the maximum allowed by the underlying district.
g)      Non-profit hospital, provided that plan proposes connection to the municipal sewer system.
h)      Public utility except power plant, water filtration plant, sewage treatment plant and refuse facility.
i)      Commercial forestry when not subject to a state approved cutting plan.
j)      Raising and keeping of livestock, horses and poultry.
k)      Commercial stables, kennels or veterinary hospitals.
l)      Water filtration plant (in underlying R-40 areas, only).
m)      Town equipment garage (in underlying R-40 areas, only).
n)      Restaurants (in underlying R-40 areas, only), if plan proposes connection to the municipal sewer system.
o)      Open storage of construction equipment and structures for storing such equipment.
p)      Commercial excavation and removal of soil, loam, sand, gravel or any other mineral substances to achieve a final grading greater than four (4) feet above the historical high groundwater table elevation (as determined from new or existing monitoring wells and historical water table fluctuation data compiled by the United States Geological Survey). Substances removed below a grade greater than four (4) feet above the historical high groundwater table must be redeposited within forty-five (45) days of removal to achieve a final grading greater than four (4) feet above the historical high water mark.

5.0     Special Permit Issuance Procedures

5.1     Each application for a special permit shall be filed with the Zoning Board of Appeals (ZBA) as prescribed in Section XI-J-1 and XI-J-2 of the Holden Zoning By-Law and shall be accompanied by ten (10) copies of the plan. Such special permit shall be granted if the ZBA determines, in conjunction with other town agencies as specified in Section 5.2 below, that the intent of this by-law as well as its specific criteria are met. In making such determination, the ZBA shall give consideration to the simplicity, reliability, and feasibility of the control measures proposed and the degree of threat to water quality which would result if the control measures failed. The ZBA shall explain any departures from the recommendations of the other town agencies in its decision.

5.2     Review by other Town agencies. Within 14 days of the special permit application, the ZBA shall transmit one copy each to the Board of Health, Department of Public Works/Town Engineer, Conservation Commission, Planning Board and Water Department for their written recommendations. Failure to respond in writing within 60 days shall indicate approval by said agencies.

5.3     After notice and public hearing, and after coordinating, clarifying and weighing the comments and recommendations of the Planning Board, the Board of Health, the Conservation Commission, the Department of Public Works/Town Engineer, and the Water Department, the ZBA may grant such a special permit provided that it finds that the proposed use:

5.31    Is in harmony with the purpose and intent of this bylaw and will promote the purposes of the Aquifer Protection District.
5.32    Will not, during construction or thereafter, have an adverse environmental impact on any aquifer or recharge area in the town.
5.33    Will not adversely affect an existing or potential water supply.
5.34    Is consistent in light of existing and probable future development of surrounding areas.

6.0     Split Zoning

Where the boundary line of the Aquifer Protection District divides any lot existing at the time such line is established, the regulations established hereunder shall not apply to the portion of such lot located within the Aquifer Protection District, provided such lot's frontage is not located in the Aquifer Protection District.

Add to Section II - Definitions  of the Holden Zoning By-law the following definitions:

AQUIFER:        A geologic formation, group of formations or part of a formation which contains sufficient saturated permeable material to yield potable groundwater to public or private wells.

BEDROOM:        Any room in a dwelling unit greater than 100 square feet with the exception of bathrooms, kitchens, hallways and not more than up to four additional rooms designated as the dwelling unit's living room, dining room, family room and library/study. Said family room and library/study must be located on the first floor of the dwelling unit.

GROUNDWATER:    All water beneath the surface of the ground in a saturated zone, including perched groundwater.

HAZARDOUS MATERIALS:    Any material or waste, in whatever form, which because of its quantity, concentration, corrosivity, flammability, reactivity, toxicity, or infectious, chemical, or radioactive characteristics, either separately or in combination with any substance or sub stances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Hazardous materials shall include, but not be limited to, those materials or wastes listed in S261 of Title 40 of the Code of Federal Regulations, as amended, or S40.900 of Title 310, Appendix I, of the Code of Massachusetts regulations, as amended.

RECHARGE AREA:  Any porous, permeable geologic deposits, especially, but not exclusively, deposits of stratified sand and gravel, through which water from any source drains into and replenishes an aquifer, and includes any wetland or body of surface water surrounded by or adjacent to such area, together with the watershed of any wetland or body of surface water adjacent to such area.

SOLID WASTES:   Useless, unwanted or discarded solid materials with insufficient liquid content to be free flowing, including, but not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse.


 
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