Loading...
38B-002 (9) 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.57: continued 4. Isolated Land Subject to Flooding, where it is vernal pool habitat, is an essential breeding site for certain amphibians which require isolated areas that are generally flooded for at least 2 continous months in the spring and/or summer and are free from fish predators. Most of these amphibians remain near the breeding pool during the remainder of their lifecycle. Many reptiles, birds and mammals also feed here. (2) Definitions, Critical Chilracteristics and Boundaries. (a) Bordering Land Subject to Flooding: 1. Bordering Land Subject to Flooding is an area with low, flat topography adjacent to and inundated by flood waters rising from creeks, rivers, streams, ponds or lakes. It extends from the banks of these waterways and water bodies; where a bordering vegetated wetland occurs, it extends from said wetland. 2. The topography and location of Bordering Land Subject to Flooding specified in the foregoing 310 CMR 10.57(2)(a)1. are critical to the protection of the interests specified in 310 CMR 10.57(i)(a)1., 2., and 3. Where Bordering Land Subject to Flooding is significant-to the protection of wildlife habitat, the physical characteristics as described in the foregoing 310 CMR 10.57(i)(a)(3) are critical to the protection of that interest. 3. The boundary of Bordering Land Subject to Flooding is the estimated maximum lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm. Said boundary shall be that the by reference to the most recently available flood profile data prepared for the community within which the work is proposed under the National Flood Insurance Program (NFIP, currently administered by the Federal Emergency :Management Agency, successor to the U.S. Department of Housing and Urban Development). Said boundary, so determined. shall be presumed accurate. This presumption • may be overcome only by credible evidence from a registered ) professional engineer or other professional competent in such matters. Where NFIP Profile data is unavailable, the boundary of Bordering Land Subject to Flooding shall be the maximum lateral extent of flood water which has been observed or recorded. In the event of a conflict, the issuing authority may require the applicant to determine the boundary of Bordering Land Subject to Flooding by engineering calculations which shall be: a. based upon a design storm of seven (7) inches of precipitation in twenty-four (24) hours (i.e., a Type II Rainfall, as defined by the U.S. Soil Conservation Service); b. based upon the standard methodologies set forth in U.S. Soil Conservation Service Technical Release No. 55, UrbanHydrology for Small Watersheds and Section 4 of the U.S. Soil Conservation Service. National Engineer ng Hydrology Handbook; and c. prepared by a registered professional engineer or other professional competent in such matters. 4. The boundary of the 10 year floodplain is the estimated maximum lateral extent of the flood water which will theoretically result from the statistical 10-year frequency storm. Said boundary shall be determined as specified under 310 CMR 10.57(2)(a)3., except that where NFIP Profile data is unavailable, the boundary shall be the maximum lateral extent of flood water which has been observed or recorded during a 10 year frequency storm and, in the event of conflict. engineering calculations under 310 ClvtR 10.57(2)(a)3.a. shall be based on a design storm of four and eight tenths (4.8) inches of precipitation in twenty-four(24) hours. 5. The only portions of this resource area which shall be presumed to be vernal pool habitat are those that have been certified as such by the Massachusetts Division of Fisheries and Wildlife, where said Division has forwarded maps and other information needed to identify the location of such habitat to the Conservation Commission and DEQE prior to the • filing of each Notice of Intent or Abbreviated Notice of Intent regarding . that portion. Such presumption is rebuttable, and may be overcome upon i 10/16/87 ,, 310 CMR - 280.2 90 �o 189 ,i OJ ' ROCKY HILL POND IZONE C EAST NAMp TON pIT // O N E B ZONE B m O\ Q, Oy O O Local Protectioo n�� m �� A\O�I 126 Drop Structure � ��� 141 RM8 12' 128 ��rs µ; Dam ops � X ZONE B 134 O/�Oy ? �DI uERS10N 133`; 134 r A PARADISE 04,, ��� � POND COLLEGI ZONE Al2 O% _ LAN �— 4/3/78 Q g O� i O l 5 FORT yx. O\ \ — \ / \ � '123 O� R M 9 N Z, T AN O\ �� PLEAS Q -- + QUO '}� ,' r�• _ � . ��^-- _. •„ Nvw _ o0 o Q </�° � Q�:, � �' , off° � ��'" , - - �,J)•• 1 i.!` r � Q Off"° � � •,- • .. 43,0 0 0 ° �b o• o a 00 17 por. Al JO IF 10 • �• 4� Com' /� ...• p O �__ ;�/ww// • ♦ �. l _ O- .o � /j�-• It � 4 �Il u tT 13 o ° 000 �o Q 11� ,,� �- ,• p � . �• , � � .1 � p b ap ooh (�q ....o �, I l` ���;p 1 ... • , ' .0 •• _ � ,' B vo�� ✓O V / 000 '��y O (\'1 " • �� •w ` �,. •w•o+ 111, 50P > ti ,.., ono - pD o d© Section 5.3 - Accessory Uses. Any use which is accessory to a principal use allowed by right shall be allowed only in connection with such allowed principal use . Any use which is accessory to a principal use allowed by special permit, and which is not specifically included in the original special permit, shall be allowed only after issuance of a new special permit. Cessation of a principal use shall require cessation of any accessory use which is not otherwise allowed as a principal use. The Building Inspector shall be responsible for determining what uses are principal, and what uses are accessory. The following shall be limitations on certain specific accessory uses : 1 . The keeping of horses and/or ponies and a private stable, for personal use, are permitted as accessory uses in accordance with the following conditions : ( a) The minimum acreage required for not more than one ( 1) horse, pony or stable shall be 30 , 000 square feet. One additional horse or pony shall be permitted for each 15 , 000 square feet over the minimum of 30 , 000 square feet. Foals under six ( 6 ) months not to be counted. (b) The location of the stable shall be not less that one hundred ( 100 ) feet from any street line, and not less than thirty ( 30 ) feet from any side lot line, and not less than twenty-five ( 25 ) feet from a rear lot line, and not less than forty ( 40 ) feet from any dwelling. (c) The area to be used for the keeping of horses and/or ponies shall have adequate fencing to contain the animal( s ) within the property boundaries. (d) Stables , corrals and yards shall be properly drained and reasonably free from excessive odor, dust, and mud, so as not to create a nuisance or health hazard to the community or to surrounding property owners , from an air or drainage pollution standpoint. ( e) Maintenance of the stable and property used in the keeping of horses and/or ponies shall conform to all regulations of the Board of Health and State Health Authorities . 2 . The keeping of non-farm animals on a property occupied by a dwelling shall be allowed as an accessory use when the keeping of such animals is for non-commercial purposes and when the keeping of such animals conforms with all regulations of the Board of Health and State Health Authorities . The term "farm animals" shall mean all horses , ponies , mules, donkeys , cattle , swine , sheep, goats , and poultry of any or sex. 5-17 y