CHAPTER 8
OFFENSES AND MISCELLANEOUS PROVISIONS
Sec. 8-1. Consumption of alcoholic beverages.
(a) Where prohibited. No persons shall drink any alcoholic beverages as defined in Chapter 138, Section 1 of the Massachusetts General Laws, while on, in, or upon any public way or upon any way to which the public has a right of access or license, park or playground, school grounds, or private land or place without the consent of the legal owner or person in control thereof.
(b) Violation; penalties. All alcoholic beverages being used in violation of this section shall be seized and safely held for trial before the court, at which time they shall be returned to the person entitled to lawful possession, unless otherwise ordered by the court. Whoever violates this section shall be subject to a fine of Fifty ($50.00) Dollars for each offense.
Sec. 8-2. Nude swimming, bathing.
No person shall swim or-bathe in any waters within the limits of the town, so as to be exposed in a nude state, to the view of any persons passing, or being upon any railroad or street, or in any dwelling house in the town.
Sec. 8-3. Indecent, profane, insulting language.
No person shall use any indecent, profane or insulting language in any public place in the town within audible distance of any dwelling house, or other building therein.
Sec. 8-4. Rude, disorderly behavior.
No person shall behave himself in a rude or disorderly manner in any public place in the town.
Sec. 8-5. Frightening or scaring horses.
No person shall by any noise, gesture, or other means, wantonly or designedly frighten any horse in any street or other public place in the town.
Sec. 8-6. Tying horses to trees; climbing trees.
No person shall tie a horse to a tree in any street, and no person, except an employee of the town, or of a telephone or telegraph company, shall climb any tree on any public way or ground in the town.
Sec. 8-7. Building materials on public ways.
No person shall put, place, or pile wood, lumber, stones, or other materials within the limits of any public street or way within the town, with permission of the Selectmen.
Sec. 8-8. Obstructing free Passage; loitering.
No person shall continue to stand or remain, alone or with others near, on any sidewalk or in any public place, in such a manner as to obstruct a free passage for travelers thereon, or loiter on any sidewalk or street after having been requested by a constable or police officer to move on.
Sec. 8-9. Congregations obstructing pedestrian traffic.
(a) Prohibited. Three (3) or more person(s) shall not stand together or near each other in any street or way dedicated to public use, or on any footwalk or sidewalk or upon any land left open between the street and building facing thereon and left open and used as a sidewalk in the town, so as to obstruct the free passage of foot passengers; and any person or persons so standing shall move immediately after a request to do so by any police officer of the town.
(b) Violators subject to arrest. Any person(s) in violation of the above subsection may be arrested by any police officer empowered to arrest in the town, and prosecuted according to law.
(c) Penalty. Whoever violates this section shall be subject to a fine of Fifty ($50.00) Dollars for each offense.
Sec. 8-10. Use of public ways for bonfires, playing games, throwing missiles, etc.
No person shall make a bonfire or other fire, or kick a football, or play at any game in which a ball is used, or fly a kite or balloon, or throw stones or snowballs, or other missiles,
in any public street or way in the town.
Sec. 8-11. Sleds, similar vehicles on sidewalks and streets.
No person shall coast or slide on any sled or other like vehicle in or upon any public sidewalk or street or way in the town except at such times, and in such places as may from time to time be designated by the Selectmen.
Sec. 8-12. Sweeping rubbish onto sidewalks or streets.
No person shall sweep rubbish on to any sidewalk or-street in the town.
Sec. 8-13. Throwing posters, handbills, etc., onto public or private property.
(a) Prohibited. No person shall throw posters, handbills, flyers, advertising sheets, waste or any form of waste or rubbish in or upon any public way or upon any way to which the public has a right of access, parks or playgrounds, school grounds, or private land or place, without permission of the legal owner or person in control thereof.
(b) Penalty. Whoever violates this section shall be subject to a fine of One Hundred Dollars ($100.00) for the first offense, Two Hundred Dollars ($200.00) for the second offense, and Three Hundred Dollars ($300.00) for the third and each subsequent offense.
Sec. 8-14. Noxious accumulations.
No person shall put or suffer to accumulate on his premises any refuse, animal, or vegetable matter, rubbish or filth, whereby any offensive or obnoxious stench of effluvia shall be created, and the health or comfort of the citizens be injuriously affected.
Sec. 8-15. Importing decayed, damaged vegetable products.
No person shall bring into town any decayed or damaged grain, rice, coffee, fruit, potatoes, or other vegetable product or any tainted or damaged meat or fish, without a permit therefor from, and in such manner as directed by, the Board of Health.
Sec. 8-16. Hunting, discharging firearms.
(a) Permitted on private property with consent of owner. No person shall hunt or fire or discharge any firearms on any private property except with the written consent of the owner or the legal occupant thereof, and such consent shall be carried at all times by any person hunting and upon request shall be shown to any police officer or officer of the department of conservation, or the property owner or his agent.
(b) Exceptions. This section shall not be applied to the lawful defense of life or property or to any law enforcement officer in the defense of his duties.
(c) Penalty. Any person violating any provisions of this section shall be punished by a fine of not more than Fifty ($50.00) Dollars for each offense.
Sec. 8-17. False alarms.
(a) Definitions.
(1) The term "Alarm System" means an assembly of equipment and devices or single
device such as a solid state unit which plugs directly into a 110 volt AC line, arranged
to signal the presence of a hazard requiring urgent attention and to which police are
expected to respond. The provisions of this Bylaw shall not apply to alarm devices or
premises owned or controlled by the Town nor to alarm devices installed in a motor
vehicle or trailer.
(2) The term "False Alarm" means:
(a) The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or of his employees or agents;
An incident in which the police are dispatched to the alarmed premises due to
any signal or oral communication transmitted to the police department requesting or requiring a response on the part of the police department when in fact there has been no unauthorized intrusion, robbery or burglary, imminent hazard or attempted threat. For the purposes of this definition, activation of alarm systems by acts of God, including, but not limited to, power outages, hurricanes, tornadoes, earthquakes, and similar weather or atmospheric disturbances shall not be deemed to be a false alarm.
(3) The Chief of Police is hereby authorized to require the registration and approval of all
Burglar Alarm Systems prior to their installation. Alarm permit applications will be
available at the Police Department.
(b) Interconnection of Automatic Dialing Devices.
(1) No automatic dialing device shall be interconnected to any telephone numbers at the
Police Department after the effective date of this Bylaw.
(2) Within six (6) months after the effective date of this Bylaw, all automatic dialing
devices interconnected to any telephone numbers at the police department shall be
disconnected therefrom at the expense of the user. The user of each such device shall
be responsible for having the device disconnected upon notification by the Chief of
Police and/or his designee.
(c) Control and Curtailment of Signals Emitted by Alarm Systems.
Every alarm user shall submit to the Chief of Police and/or his designee the names and
telephone numbers of at least two other persons who are authorized to respond to an
emergency signal transmitted by an alarm system and who can open the premises
where in the alarm system is installed.
All alarm systems installed after the effective date of this Bylaw which use an audible
horn or bell shall be equipped with a device that will shut off such horn or bell within
fifteen (15) minutes after activation of the alarm system.
Any alarm system emitting a continuous and uninterrupted signal for more than fifteen
minutes between 7:00 P.M. and 6:00 A.M. which cannot be shut off or otherwise
curtailed due to the absence or unavailability of the alarm user or those persons designated by him and which disturbs the peace, comfort, or repose of neighborhood or of a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the Chief of Police and/or his designee shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user in an effort to abate the nuisance. The Chief of Police and/or his designee shall cause to be recorded the names and addresses of all complaints and the time each complaint was made.
(d) Penalties.
The user shall be assessed Twenty-five ($25.00) Dollars as a false alarm service fee
for each false alarm in excess of two (2) occurring within a calendar year.
The user of a system who fails to pay a fine after said notification may be ordered to
disconnect and otherwise discontinue the use of said alarm system connection to the
Police Department.
All fees assessed shall be paid to the Town of Groveland for deposit in the General
Fund.
Sec. 8-18. Smoking in Public Buildings.
No person shall smoke or have in his possession any lighted cigar, cigarette or other tobacco product in any building or room owned or occupied by the Town other than in a specifically designated area. The Board of Health shall designate area(s) in which smoking shall be allowed, and shall post an appropriate number of signs indicating those areas in which smoking is prohibited. Violators shall be subject to fines consisting of $10.00 for a first offense, $20.00 for a second offense, and $25.00 for a third offense and any subsequent offenses. This Bylaw shall be enforced by the Groveland Police Department.
Sec. 8-19. Wetlands
Section I. PURPOSE.
The purpose of this Bylaw is to protect the wetlands, related water resources, and adjoining land areas in the Town of Groveland by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to the following-: public or private water supply, ground water, flood control, erosion and sedimentation control, storm damage prevention including coastal storm flowage, water quality, water pollution control, fisheries, shellfish, wildlife habitat, rare species habitat including rare plant species, agriculture, aquaculture, and recreation values, deemed important to the community (collectively, the "resource area values protected by this Bylaw "). This Bylaw is intended to utilize the Home Rule
authority of this municipality to protect additional resource areas, for additional values, with additional standards and procedures stricter than those of the Wetlands Protection Act, G.L. Ch. 131, Section 40 and Regulations thereunder, 310 CMR 10.00.
Section II. JURISDICTION.
1. Areas Subiect to Protection under the Bylaw. The following resource areas are subject to protection under the Bylaw:
a. Freshwater Wetlands
b. Marshes
c. Wet Meadows
d. Bogs
e. Swamps
f. Lakes
g. Rivers
h. Ponds
i. Streams
j. Land within 100 feet of the above resource areas
k. Land under water in the above resource areas
1. Land subject to flooding or inundation by groundwater or surface water
m. Land within 100 feet of said land subject to flooding or inundation, and
n. A 200 foot buffer from the Merrimac River.
2. Activities Subject to Regulation under the Bylaw.
Any activity proposed or undertaken which will remove, fill, dredge, building upon, or alter
a resource area specified in paragraph I herein is subject to regulation under the Bylaw and
requires the filing of a Notice of Intent or (RFD) Request for Determination.
In the event the Commission determines that an activity outside said resource areas has
altered an area subject to protection under the Bylaw, it shall impose such conditions on the
activity or any portion thereof as it deems necessary to contribute to the protection of the
interests identified in the Bylaw.
Section III. CONDITIONAL EXCEPTIONS.
The application and permit required by this Bylaw shall not be required for emergency projects necessary for the protection of the health and safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or a political subdivision thereof; provided that advance notice, oral or written, has been given to the Commission prior to commencement of work or within 24 hours after commencement; provided that the Commission or its agency certifies the work as an emergency project; provided that the work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency; and provided that within 21 days of commencement of an emergency project a permit application shall be filed with
the Commission for review as provided by this Bylaw. Upon failure to meet these and other requirements of the commission, the Commission may, after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.
Other than stated in this section, the exceptions provided in the Wetlands Protection Act. G.L. 131, Sec. 40, and Regulations, 310 CMR 10.00, shall not apply under this Bylaw.
Section IV. APPLICATIONS FOR PERMITS AND REQUESTS FOR
DETERMINATION
Written application shall be filed with the Commission to perform activities affecting resource areas protected by this Bylaw. The permit application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this Bylaw. See Section X, 4 a-v. for plan requirements.
The Commission in appropriate cases may accept as the permit application and plans under this Bylaw the Notice of Intent and plans filed under the Wetlands Protection Act, G.L. Ch. 131, Sec. 40, and Regulations, 310 CMR 10.00.
Any person desiring to know whether or not a proposed activity or an area is subject to this Bylaw may in writing request a determination from the Commission. Such a request for Determination (RFD) shall include information and plans as are deemed necessary by the Commission. Said RFD shall be submitted to the Commission on the appropriate form as issued by the D.E.P.
Upon receipt of a permit application or RFD, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed necessary by the Commission to come to a final decision on the application. This fee is called the consultant fee. The specific consultant services may include but are not limited to resource area survey and delineation, analysis of resource area values, including wildlife habitat evaluations, hydrogeolic and drainage analysis, and environmental or land use law.
The Commission ma y waive the filing fee, consultant fee, and costs and expenses for a permit application or RFD filed by a government agency.
The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision.
The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision.
The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or size of, the consultant fee, or any act related thereto, may appeal according to the provision of the Massachusetts General Laws.
The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule:
PROJECT COST |
|
MAXIMUM FEE |
|
|
|
UP TO |
$ 250,000. |
NO FEE |
$ 250,001. |
$ 500,000. |
$ 2,500. |
$ 500,001. |
$1,000,000. |
$ 5,000. |
$1,000,001. |
$1,500,000. |
$ 7,500. |
$1,500,001. |
$2,000,000. |
$10,000. |
Each additional $500,000 project cost increment (over $2,000,000) shall be charged at an additional $2,500. maximum fee per increment.
The project cost means the estimated, entire cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rate for that portion of the project cost applicable to those activities within resource areas protected by this Bylaw. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee.
Section V. NOTICE AND HEARINGS.
Any person filing a permit application or a RFD with the Commission at the same time shall give written notice thereof, by certified mail (return receipt requested), or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the Assessors, including owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the applicant, including any in another municipality or across a body of water. The notice to abutters shall state where copies of the application may be examined and/or obtained by abutters. An affidavit of the person providing such notice or the original returned and signed certified mail receipts, with a copy of the notice as mailed or delivered, shall be
filed with the Commission along with a certified abutters list. When a person requesting a determination is other than the owner, the request, the notice of the hearing, and the determination itself shall be sent to the owner as well as to the person making the request.
The Commission shall conduct a public hearing on any permit application or RFD, with written notice given at the expense of the applicant, five business days prior to the hearing, in a newspaper of general circulation in the municipality.
The Commission shall commence the public hearing within 21 days from receipt of a completed permit application or RFD unless an extension is authorized in writing by the applicant.
The Commission shall issue its permit or determination in writing within 21 days of the close of the public hearing thereon unless an extension is authorized in writing by the applicant.
The Commission in an appropriate case may combine its hearing under this Bylaw with the hearing conducted under the Wetlands Protection Act, G.L. Ch. 131, Sec. 40, and Regulations, 310 CMR 10.00.
The Commission shall have authority to continue the hearing to a certain date announced at the hearing, for reasons stated at the hearing, which may include recei-pt of Additional information from the applicant or others deemed necessary by the Commission in its discretion, or comments and recommendations of the boards and officials listed in Section VI-.-
Section VI. COORDINATION WITH OTHER BOARDS.
Any person filing a permit application or RFD with the Commission shall provide a copy thereof' at the same time, by certified mail (return receipt requested) or hand delivery, to the Planning Board,
Board of Health and Building Inspector shall be provided in the same manner to the Conservation Commission of the adjoining municipality, if the application of RFD pertains, to property within 300 feet of the municipality. An affidavit of the person providing notice or the original certified mail return receipts along with a copy of the notice as mailed or delivered, shall be filed with the Commission. The Commission shall not take- final action until the boards and officials have had at least 14 days from receipt of notice to file written comments and recommendations with the Commission, which the Commission shall take into account in rendering a final decision. The applicant- shall have the right to receive any comments and recommendations, and to respond to them at a hearing of the Commission, prior
to final action.
Section VII. PERMITS AND CONDITIONS.
If the Commission, after a public hearing, determines that the activities which are subject to the permit application of the land and water uses which will result therefrom are likely to have a significant individual or cumulative effect upon the resource area values protected by this Bylaw, the Commission, within 21 days of the close of the hearing, shall issue or deny a permit for the activities requested. If it issues a permit the Commission shall impose conditions which the Commission deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The Commission shall take into account the cumulative adverse effects of loss, degradation, isolation, and replication of protected resource areas through the community and the
watershed, resulting from past activities, permitted and exempt, and foreseeable future activities.
The Commission is empowered to deny a permit for failure to meet the requirements of this Bylaw; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in the regulations of the Commission; for -failure to avoid or prevent unacceptable significant or cumulative effects upon the resource area values protected by this Bylaw; and where no conditions are adequate to protect those values. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.
Land within 100 feet of specific resource areas are presumed -important to the protection of these resources because activities undertaken in close proximity to wetlands and other resources have a high likelihood of adverse impact upon the wetland or other resource, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, without limitation, erosion, siltation loss of groundwater degraded, poor water quality, and loss of wildlife habitat. The Commission therefore may require that the applicant maintain a strip of continuous, undisturbed vegetative cover within the 100 foot area, unless the applicant convinces the
Commission that the area or part of it may be disturbed without harm to the values protected by the Bylaw.
To prevent wetlands loss, the Commission shall require applicants to avoid wetlands alteration wherever feasible; shall minimize wetlands alteration; and, where alteration is unavoidable, shall require full mitigation. The Commission may authorize or require replication of wetlands as a form of mitigation, but only with adequate security, professional design, and monitoring to assure success, because of the high likelihood of failure of replication.
A permit shall expire two years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit expiring five years from the date of issuance for recurring or continuous maintenance work, provided that a request for a renewal is received in writing by the Commission prior to expiration. Notwithstanding the above, a permit may contain requirements which shall be enforceable for a stated number of years, indefinitely, or until permanent protection is in place, and shall apply to all owners of the land.
For good cause the Commission may revoke or modify a permit or determination issued under this Bylaw with the Order of Conditions or Determination of Applicability issued under the Wetlands Protection Act, G.L. Ch. 131, Sec. 40, and Regulations, 310 CMR 10.00.
No work proposed in any permit application shall be undertaken until the permit issued by the Commission with respect to such work has been recorded in the Registry of Deeds or, if the land affected is registered land, in the registry section of the Land Court for the district wherein the land lies, and until the holder of the permit certifies in writing to the Commission that the permit has been recorded.
Section VIII. DEFINITIONS.
In addition to the definitions of -310 CMR 10.00, which are incorporated herein by reference, the following definitions shall apply in the interpretation and implementation of this Bylaw.
The term "bank" shall include the land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, whichever is higher.
The term "vernal pool" shall include a confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which is free of adult fish populations, as well as the area within 100 feet of the mean annual boundary of such a depression, regardless of whether the site has been certified by the Massachusetts Division of Wildlife and Fisheries.
The term "rare species" shall include, without limitation, all vertebrate and invertebrate animal and plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.
The term "person" shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town Bylaws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents, or assigns.
The term "alter" shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this Bylaw:
A. Removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind;
Changing of preexisting drainage characteristics, flushing characteristics, salinity
distribution, sedimentation-. patterns, flow patterns, or flood retention characteristics;
Drainage, or other disturbance of water level or water table;
Dumping, discharging, or filling with any material which may degrade water quality;
Placing of fill, or removal of material, which would alter elevation;
Driving of piles, erection, or repair of buildings, or structures of any kind;
Placing of obstructions or objects in water;
Destruction of plant life including cutting-of trees;
Changing temperature, biochemical oxygen-demand, or other physical, biological, or
chemical characteristics of any waters;
J. Any activities, changes, or work which may cause or tend to contribute to pollution of any
body of water or ground water;
Application of herbicides;
Incremental activities, which have, or may have, a cumulative adverse impact on the
resource areas protected -by this Bylaw.
Except as otherwise provided in this Bylaw or in regulations of the Commission, the -definitions of terms in this Bylaw shall be as set forth in the Wetlands Protection Act, G. L. Ch. 131, Sec. 40, and Regulations, 310 CMR 10..00.
Section IX. REGULATIONS.
1. Burden of Proof. The applicant for a permit shall have the burden of providing by a preponderance of the credible evidence that the work proposed in the application shall not have an unacceptable, significant or cumulative negative effect upon the values of the resource area(s) protected by this Bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be deemed sufficient cause for the Commission to deny a permit or grant a permit with conditions.
2. Presumption Concerning Title 5 of the State Environmental Code. In accordance with. 310
CMR Section 10.03 (3), except the following additional restrictions apply:
None of the components of the subsurface disposal system may be located within 50 feet of
the following resource areas: Freshwater Wetlands, Marshes, Wet Meadows, Bogs,
Swamps, Lakes Rivers, Ponds or Streams.
The leaching facility of said system, including the reserve area, shal1 be set back 100 feet
from any resource area identified in paragraph 10.03 (2) (a) herein.
c. The setback distance specified above shall not be required for the renovation or
replacement (but is required for the substantial enlargement) of septic systems
constructed prior to the-date these Regulations are promulgated provided such
work has been approved by the Groveland Board of Health, as required by law.
3. Dimensional Regulations.
a. Underground Storage Tanks for Chemicals and Petroleum Products, regardless of
size, shall not be located within 100 feet of any resource area described in Section II.
b. No Paddock shall be installed within 100 feet of any resource area described in Section II
(except for 100 foot Buffer Areas).
c. Commercial, Institutional, Industrial Structures and associated parking facilities shall not
be installed within 100 feet of any resource area described in Section II (except for 100
foot Buffer Areas).
d. Any other structure requiring a building permit including, but not limited to, Dwellings,
Garages, Decks, Storage Sheds, Swimming Pools, Etc., shall not be installed within 75 feet
of any resource area described in Section II (except for 100 foot Buffer Areas).
e. Driveways and Utility service connections or mains shall not be installed within 25
feet of any resource area described in Section II (except for 100 foot Buffer Areas).
f. Manure shall not be stockpiled or stored within 100 feet of any resource area described in
Section II (except for 100 foot Buffer Areas).
4. Seasonal Restrictions.
a. Work within a resource area shall be performed during "low flow" months of the year
whenever practical. Springtime is not the proper time of year for working within a wet
area. The Commission shall impose construction date limitations on an as needed basis
determined by each individual project.-
b. All stabilization work must commence by October 15 and be in place and fully
functional prior to November 1. This shall include any and all required plantings (or
temporary protection methods) slope protection, and pavement as required by the
Commission in its decision. No work within any resource area described in Section II
shall be permitted after November I or before April 15 of the following year.
Section X. WETLANDS (FRESHWATER WETLANDS, WET MEADOWS,
MARSHES, SWAMPS & BOGS)
1. Preamble.
Freshwater Wetlands are likely to be significant to public or private water supply, ground
water supply, flood control, storm damage prevention, prevention of pollution, the protection
of fisheries and wildlife habitat, recreation, and aesthetics.
The plant communities, soil, and associated low topography of Freshwater Wetlands remove or
detrain sediments, nutrients (such as nitrogen and phosphorus) and toxic substances (such as
heavy metal compounds) that occur in runoff and flood waters.
Some nutrients and toxic substances are detained for years in plant root systems or in the soils.
Others are held by plants during the growing season and released as the plants decay in the fall
and winter. This latter phenomenon delays the impacts of nutrients and toxins until the cold
weather period, when such impacts are less likely to reduce water quality.
Freshwater Wetlands are areas where groundwater discharges to the surface and where, under
some circumstances, surface water discharges to the groundwater. The profusion of vegetation
and the low topography of Freshwater Wetlands slow down and reduce the passage of flood
waters during periods of peak flows by providing temporary flood water storage, and by
facilitating water removal through flood damage to private and public property. During dry
periods the water retained in Freshwater Wetlands is essential to the maintenance of base flow
levels in rivers and streams, which in turn is important to the protection of water quality and
water supplies.
Wetland vegetation provides shade that moderates temperatures important to fish life.
Wetlands and adjacent water bodies and waterways provide food, breeding habitat and cover
for fish. Fish populations in the larval stage a-re particularly dependent on food provided by
over-bank flooding which occurs during peak flow periods (extreme storms), because most
river and stream channels do not provide sufficient quantities of the microscopic plant and
animal life required.
Wetland vegetation supports a wide variety of insects, reptiles, amphibians, mammals, and
birds which are a source of food for important game fish. Freshwater Wetlands are probably
the Town's most important habitat for wildlife. The hydrologic regime, plant community
composition and structure, soil composition and structure, topography and water chemistry of
Freshwater Wetlands provide important food, shelter, migratory and overwintering areas, and
breeding areas for many birds, mammals, amphibians, and reptiles. A wide variety of
vegetative wetland plants, the nature of which are determined-in large part by the depth and
duration of water, as well as soil and water composition, are utilized by varied species as
important areas for mating, nesting, brood rearing, shelter, and (directly and indirectly) food.
The diversity and interspersion of the vegetative structure is also important in determining the
nature of its wildlife habitat. Different habitat characteristics-are used by different wildlife
species during summer, winter, and migratory seasons.
2. Identification.
The Groveland Bylaw is not restricted to protection of Bordering Vegetated Wetlands, but
applies to all wetlands. Wetlands and their boundaries shall be identified in the manner
designated in G.L. Chapter 131, Section 40, incorporated herein by reference. Where
appropriate, the Commission may use additional criteria for the identification of wetlands and
their boundaries, but not limited to, soil type.
Only Isolated Wetlands greater than 5000 square feet in area are subject to protection under
these Regulations.
3. Review Period.
Wetland boundary delineations shall be reviewed only between April 1 and December 1 of
each year, unless the Commission grants a waiver on a particular site due to the low probability
of error, or reserves the right to adjust the boundary during the growing season.
4. Presumption.
Where a proposed activity involves the removing, filling, dredging, or altering of a Freshwater
Wetland, the Commission shall presume that such area is significant to the interests specified
in paragraph X.1 herein.
5. General Performance Standards.
Any proposed work in a Freshwater Wetland shall not destroy or otherwise impair any portion
of said area. However, and at its sole discretion, the Commission may issue a permit allowing
work which results in the loss of up to 5000 square feet of Freshwater Wetlands when said area
is replaced in accordance with the following general conditions and any specific conditions the
Commission deems necessary to ensure that the replacement area will function in a manner
similar to the area that will be lost.
a. The surface of the replacement area to be created (the “replacement area”) shall be at least
equal to that of the area which will be lost (the "lost area"). At the discretion of the
Commission, the replacement area may be required to exceed the size of the lost area.
b. The ground water and surface water elevations of the replacement area shall be
approximately equal to that of the lost area.
c. The overall horizontal configuration and location of the replacement area with respect to
the bank shall be similar to that of the lost area.
d. The replacement area shall have an unrestricted hydraulic connection with the same water
body or waterway associated with the lost area.
e. The replacement area shall be located within the same general area of the water body or
reach of the waterway as the lost area.
f. A minimum of 75% of the replacement area shall be reestablished with indigenous wetland
plant species within two growing seasons, and prior to said vegetative establishment any
exposed soil in the replacement area shall be temporarily stabilized to prevent erosion in
accordance with the U.S. Soil Conservation Service methods.
g. The replacement area shall be provided in a manner which is consistent with all other
performance standards for each resource area described in these regulations.
6. Alteration of finger-like Wetland Areas.
Notwithstanding the provisions of paragraph IX.5 a-g herein, the Commission may issue a
permit allowing work which results in the loss of a portion of the Freshwater Wetlands when:
a. Said portion has a surface area of less than 500 square feet;
Said portion extends in a distinct linear configuration ("finger-like") into adjacent
uplands; and
In the judgment of the Commission it is not reasonable to scale down, redesign or
otherwise change the proposed work so that it could not be completed without the loss of
said Wetland.
7. Limited Projects in Wetlands.
Notwithstanding the provisions of paragraphs X.5 and X-6 herein, the Commission, at its sole
discretion, may issue an Order of Conditions for the limited range of projects identified in 310
CMR 10.53.
Section XI. LAND UNDER WATER BODIES AND WATERWAYS (RIVERS, STREAMS,
PONDS, LAKES).
Refer to Sections I, II and X of the Bylaw.
Section XII. LAND SUBJECT TO FLOODING.
Refer to Sections I. II and X of the Bylaw.
Section XIII. RARE OR ENDANGERED SPECIES.
Refer to Sections I, II and X of the Bylaw. Any project shown to be within an area of an endangered, threatened or special concern species as shown on the current Estimated Habitat Map shall submit notice of the project to Massachusetts Natural Heritage and Endangered Species Program in accordance with 310 CMR 10.37 and 10.59. Notification shal1 be a required portion of the fi1ing before the Commission.
Section XIV. BUFFER ZONES.
1. Preamble.
It has been the Commission's experience that any project undertaken in close proximity to a
wetland resource area is likely to result in some type of alteration, either immediately, as a
consequence of construction, or over a longer period of time, as a consequence of daily
operation of the completed project. Accordingly, these regulations require that any person
intending to perform work within 100 feet of a resource area must submit to the Commission
either a RFD or a Notice of Intent. This way, the Commission has an opportunity to review the
proposed project to determine whether any alterations of the resource area will occur, and
whether any resulting alteration is in compliance with this or other applicable performance
standards.
If in response to a Request For Determination of Applicability the Commission finds that work
within the Buffer Zone will not alter the Resource area, it may issue a Negative Determination
of Applicability, with or without conditions.
2. Presumption.
Based on experience to date with projects in the Buffer Zone, the Commission may presume that
work in the categories below closer than the tabulated distances from the Resource protected by
the Buffer Zone will result in alteration of the Resource.
Refer to Section IX.2, IX.3 and IX4 for regulations concerning subsurface disposal systems,
dimensional restrictions and setbacks and calendar dates for work within the Buffer Zone.
The following activities within the Buffer Zone will typically be considered not to have a
negative affect on an adjacent Resource area:
Landscape plantings, to within 25 feet of the protected area, provided that areas disturbed
are mulched immediately and there is no change in grade. Species of plants likely to
invade the Resource area shall be prohibited.
Construction or installation of fences or structures that do not require a building permit
where no extensive filing or grading of the area is involved.
3. Additional Restrictions along the Merrimack River.
Preamble.
The Merrimack River and its banks are a vital part of our Ecosystem. Many species rely
entirely on the river as a habitat to feed, reproduce and survive, some of these species are listed
as rare, threatened or endangered, such as the Bald Eagle, Deer, Moose and numerous other
mammals as well as birds, reptiles, amphibians and fish also rely on this habitat for survival.
A 200 foot no-work zone (measured horizontally from the mean high tide water mark) shall be
established along the bank of the Merrimack River. No cutting of trees, undergrowth, brush,
etc. shall be permitted in this area. Access to the river shall be permitted by one 7 foot
maximum wide path as described in section XIV.4. The path shall be used solely for foot
traffic access to the waters edge or a private dock. The wooded area must be maintained with a
natural leaf litter. No planting of other than indigenous species shall be permitted (including
any species of grass). No fertilizers or herbicides shall be permitted within this area.
4. Cutting of Vegetation.
a. No-cut Zone. There shall be a no cut zone 25 feet (measured horizontally from the mean
annual high water mark) adjacent to the protected Resource. Vegetation in this zone shall
not be cut or trimmed in any manner. A single path to the Resource area per lot may be
created and maintained if limited to seven (7) feet in width. Paths on adjacent lots shall be
separated by a minimum of 25 feet.
b. Understory. Mowing or cutting vegetation to within 25 feet (measured horizontally from
the mean annual high water mark) of the protected Resource area is allowed without filing a
Notice of Intent, provided that soil is not exposed to erosion and that sod cover or natural
litter is maintained.
Overstory/Canopv. To promote recharge of the groundwater and avoid excessive runoff, not
more than 40% of the trees in the Buffer Zone shall be removed. No clear cutting of trees
shall be permitted within any Buffer Zone. Minimal clearing to allow erection of permitted
structures will be allowed. All permissible cutting shall be done in such a manner so as to
ensure that a well distributed stand of trees, by size, and other vegetation remains throughout
the Buffer Zone.
Pre-existing Use. Landscaping in a Buffer Zone in existence on the date these regulations
are promulgated may be maintained. However, landowners are encouraged to comply with
these regulations in order to protect the values identified in the Groveland Wetland
Protection Bylaw.
5. Limited Projects in the Buffer Zone.
Notwithstanding the provisions of paragraphs XIV.2 and XIV.3 herein, the Commission at its sole discretion, may issue a permit or execution of work in the Buffer Zone of the limited range of projects identified in 310 CMR 10.53.
Section XV. PROCEDURES.
1. Bylaw. The procedures detailed in the Bylaw shall apply.
2. Review of Materials. All materials requested by the Commission for review shall be submitted at least 14 days prior to a subsequent posted meeting during which a decision is to be rendered.
Copies. All Notices of Intent and Request for Determination applications shall contain two
(2) sets of the complete filing.
Plan Requirements. The following requirements apply to plans submitted. At its sole
discretion, and with the exception of subparagraphs h, i, j, k, 1, q, the Commission may relax
these requirements for small projects.
a. Sheet Size: Maximum 24 inches by 36 inches
b. Scale: Not smaller than 1 inch equals 50 feet
c. Title Block: Located along the right hand edge
1) Name of owner of record, applicant, surveyor/ PE (if involved)
2) Lot number, street number, street, assessor's map and lot number
3) Original date
4) Revision area for dates and nature of revisions
5) Scale
d. North Arrow.
e. Locus
f. Nearest utility pole number, if applicable
g. Reference benchmark
h. Legend depicting all natural resources
i. All resource areas
j. Wetland boundaries indicated by numbered points corresponding to flags placed in the field
k. 100 foot Buffer Zone
1. Off-site resource areas within 100 feet of proposed work
m. Existing improvements, e.g. buildings, stone walls, trails, trees, etc.
n. All existing topography and proposed contours at no less than 2 foot intervals
o. Cross-sections
p. Location of well and septic system with reserve area
q. Erosion/sedimentation control measures
r. Replication areas with plantings and a plant legend
s. All proposed drainage improvements, discharge points, retention and detention areas with
calculations
t. Property boundaries, rights-of-way, easements, restrictions
u. 100 year flood plain boundary and elevation
5. Abutters List.
The abutters list is to be certified by the Assessors' Office.
6. Consultant Services.
In those cases wherein Section IV of the Bylaw (Application for Permits and Requests for
Determination) is applicable, a contract for consultant services shall be signed by the
Commission and such services shall be funded by the applicant prior to any further action by
the Commission an the Notice of Intent.
7. Advertising Fee.
The advertising fee for public Notice will be billed directly to the applicant by the newspaper in
which the project is advertised.
8. Hardship.
The Commission, in its sole discretion, may permit a project in a resource area if denial would
result in effectively taking the use of the property from the owner. In such cases the
Commission may modify the scope and detail of the proposed project to minimize impact on
the values protected by the Bylaw.
Section XVI. EFFECTIVE DATE.
The effective date of the Bylaw and regulations contained herein shall be as provided in G.L.
Chapter 40, Section 32. The Regulations shall not, however, apply to:
any structure or use lawfully in existence or lawfully begun prior to the Effective
Date;
any structure or use which is the subject of either a pending application, otherwise
known as a Notice of Intent, or a Request for Determination of Applicability, filed
prior to the Effective Date;
any structure or use for which any extensions of or modifications or amendments to
any existing wetlands permit may now or hereafter be issued, the original Notice of
Intent for which was filed prior to the Effective Date;
any lot for which a Preliminary or definitive plan for subdivision has been submitted
to the Groveland Planning Board and remains pending prior to the Effective Date
pursuant to Sections 3.2 ("Preliminary Plan") and 3.3 ("Definitive Plan") of the Rules
and Regulations governing the Subdivision of Land in the Town of Groveland and
Chapter 41 of the General Laws;
any proposed structure or use on any lot existing prior to the Effective Date in which a
proposed structure or use cannot fully comply with the Regulations due to lot size,
shape, or topography in which event any such proposed structure or use shall comply
with these Regulations to the extent reasonably capable of so-doing as determined by
the Commission in its sole discretion; Financial limitations shall not be deemed as a
reason for non-compliance on any new construction if the dimensional requirements
can be met.
The parcels of land excepted from the Regulations pursuant to X. la - e above shall, however, together with all other land which is subject to the Bylaws, remain subject to the Bylaw and Regulations in effect immediately prior to the Effective Date.
Section XVII. SECURITY.
As part of a permit issued under this Bylaw, in addition to any security required by any other municipal or state board, agency, or official, the Commission may require that the performance and observance of the conditions imposed thereunder (including conditions requiring mitigation work) be secured wholly or in part by one or more of the methods described below:
By a proper bond or deposit of money or negotiable securities or other undertaking of
financial responsibility sufficient in the opinion of the Commission, to be released in
whole or in part upon issuance of a Certificate of Compliance--for work performed
pursuant to the permit
By a conservation restriction, easement, or other covenant enforceable in a Court of
law, executed and duly recorded by the owner of record, running with the land to the
benefit of this municipality whereby the permit conditions shall be performed and
observed before any lot may be conveyed other than by mortgage deed. This method
shall be used only with the consent of the applicant.
Section XVIII. ENFORCEMENT.
No person shall remove, fill, dredge, build upon, degrade, or otherwise alter resource areas protected by this Bylaw, or cause, suffer, or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with a permit or an enforcement order issued pursuant to this Bylaw.
The Commission, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this Bylaw and may make or cause 'to be made such examinations, surveys, or sampling as the Commission deems necessary, subject to the constitutions and laws of the United States and the Commonwealth.
The Commission shall have authority to enforce this Bylaw, its regulations, and permits issued hereunder by violation notices, administrative orders, and civil and criminal court actions. Any person who violates provisions of this Bylaw may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both.
Upon request of the Commission, the Board of Selectmen and the Town Counsel shall take legal action for enforcement under civil law. Upon request of the Commission, the Chief of Police shall
take legal action for enforcement under the criminal law.
Municipal boards and officers, including any Police Officer or other officer having police powers, shall have authority to assist the Commission in enforcement.
Any person who violates any provision of this Bylaw, or regulations, permits, or administrative orders issued thereunder, shall be punished by a fine of not more than $300.00. Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the Bylaw, regulations, permits, or administrative orders Violated shall constitute a separate offense.
Section XIX. APPEALS.
A decision of the Commission shall be reviewable in the Superior Court in accordance with G. L. Ch. 249, Sec. 4.
Section XX. RELATION TO THE WETLANDS PROTECTION ACT.
This Bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statutes, independent of the Wetlands Protection Act, G.L. Chapter 131, Section 40, and Regulations 310 CMR 10.00 thereunder.
Section XXI. SEVERABILITY.
The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination which previously has been issued.
Sec. 8-20. Recycling.
Residents of every household of the Town of Groveland are encouraged to separate the items of recyclable waste listed below from the regular waste materials collected at curbside each week, and to take them on their own, on the second and fourth Saturday of each month, between the hours of 9:00 A.M. and 1:00 P.M. to the Town Recycling Center, presently located at the Municipal Buildings Complex, 181-183 Main Street, Groveland, in accordance with the following regulations:
a. NEWSPRINT: All newspapers and newspaper advertisements, supplements, comics and
enclosures only,, tightly secured in brown paper grocery bags. Corrugated
boxes and plastic bags are PROHIBITED from being used to secure said
newsprint.
GLASS: Only clean, unbroken clear, brown and green glass bottles and jars with
lids, metal rings and plastic covers/caps removed. Paper labels
need not be removed. PROHIBITED: Flat glass, plate glass, light bulbs,
china, crockery, window glass, mirrors and drinking glassware.
CANS: Only clean aluminum, tin and steel cans with contents and paper label
removed.
PLASTICS: Only clean white plastic milk/water containers, detergent bottles, beverage
bottles which are stamped on the bottom with a #1 or #2. PROHIBITED:
All other plastics not clearly marked with a #1 or #2.
Ownership of recyclable materials delivered to the Recycling Center shall be vested in the Town. The Board of Selectmen may dispose of recyclable materials by contract or in such other manner as it may from time to time determine. All monies realized from any or all sales shall be deposited with the Town Treasurer.
The invalidity of any section, subsection, sentence, clause, phrase or portion of this Bylaw shall not invalidate the validity of the remaining portions hereof.
Sec. 8-21. Operating motor bike, trail bike, motorcycle, skimobile on private or public property.
No person shall operate a motor bike, trail bike, motorcycle, skimobile or any other similar motor-driven vehicle on or upon any private property in the Town of Groveland without written permission of the owner or legal occupant thereof.
No person shall operate a motor bike, trail bike, motorcycle, skimobile or any other similar motor-driven vehicle on or upon any property of the Town of Groveland other than a traveled public way without written permission of the Board of Selectmen and the Chief of Police.
Any person in violation of the above shall be punished by a fine of not more than one hundred dollars ($100.00) for each offense.
Sec. 8-22. Motorized Scooter Prohibition
A. Definition: Described as the following: Motorized Scooter-unregistered, two wheels, with handle grips, power by a gasoline 2-stroke or 4-stroke engine. A “motorized bicycle” or motorcycle, as defined in Massachusetts General Laws, Chapter 90, §1, are not motorized scooters.
B. Operating Restrictions: It shall be unlawful for any person to operate or permit to operate the defined motorized scooter within the Town of Groveland under any of the following circumstances:
1. On public sidewalks.
2. On public and private roadways by a person not possessing a valid driver’s license or learner’s permit.
3. In public parks and recreational areas.
4. On public school property.
5. On private property without the prior written consent of the owner or occupant of said property. No written consent shall be required for operation of any motorized scooter upon the property of any private club or other organization that permits the use of similar recreational vehicles by the club members.
6. In such manner as to create loud or unnecessary noise as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property. To this end, no person shall operate a scooter before the hour of 9:00 A.M. and after the hour of 7:00 P.M.
7. To have a second rider on the same scooter.
8. Failing to wear protective headgear conforming to Registry of Motor Vehicle’s standards.
C. Any person legally entitled to operate a motor scooter, as set forth herein, must conform with all traffic laws and regulations of the Commonwealth.
D. Penalty: Any violation of the within bylaw shall be subject to a $25.00 fine for the first offense and a $50.00 fine for all subsequent offenses.
Adopted November 13, 2002
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