Nonconforming uses.
In accordance with MGL c. 40A, § 6, nonconforming uses that were lawfully existing, begun, or in receipt of a building permit or special permit prior to the first publication of notice of public hearing for this Aquifer Protection District Bylaw may be continued. Any alteration, change, reconstruction or extension of a nonconforming use or structure must be authorized by a
special permit issued by the special permit granting authority (SPGA) as designated herein. Such special permit may be granted only if the SPGA finds that the proposed alteration, change, reconstruction or extension will not increase the danger of groundwater pollution.
District delineation.
A. In the event that the mapped boundaries of any aquifer included in the Aquifer Protection District differ from observed conditions in the field, the aquifer boundary as determined through field observations shall control. If the Building Inspector
determines that a particular property is located within the Aquifer Protection District according to the map, the owner may appeal the determination to the
Board of Appeals. The burden of proof shall be on the owner of the land in question to determine, through hydrogeologic data customarily relied upon by experts in that field, where the boundary should properly be located. The Board of Appeals may engage its own consultant to gather relevant data and to review the data submitted in support of the appeal, and may charge the appellant the reasonable costs of such consultation.
B. If the district boundary line divides a parcel of land, only the portion of such parcel that lies within the Aquifer Protection District shall fall under the jurisdiction of this bylaw, unless activities or uses that are proposed for the portion of the parcel that lies outside the district alter or impact the part inside the district.
Use regulations.
(1) The application of pesticides, including herbicides, insecticides, fungicides and rodenticides, for nondomestic or nonagricultural uses, in accordance with state and federal standards. The special permit shall be granted if such standards are met. If applicable, the applicant should provide documentation of compliance with a Yearly Operating Plan (YOP) for vegetation management operations under 333 CMR 11.00 or a Department of Food and Agriculture39 approved Pesticide Management Plan or Integrated Pest Management (IPM) program under 333 CMR 12.00.
Procedures for issuance of a special permit are as follows:
A. The special permit granting authority (SPGA) under this section shall be the
Planning Board unless the applicant is applying for a special permit under
§ 390-3.4: Nonconforming lots, structures and uses., in which case the SPGA shall be the Zoning
Board of Appeals.
B. The SPGA shall refer copies of the application to the Board of Health, Board of Appeals or the Planning Board as appropriate, Conservation Commission and Department of Public Works, which shall review the application and shall submit their recommendations to the SPGA within three days.
C. The SPGA shall hold a hearing, in conformity with the provisions of MGL c. 40A. However, no work shall commence until a certification is recorded as required by MGL c. 40A, § 11.
D. The SPGA may grant a special permit only upon finding that the proposed use or activity meets the standards of this bylaw. The proposed use or activity must:
(1) In no way, during construction or thereafter, adversely affect the existing or potential quality or quantity of groundwater that is available in the Aquifer Protection District;
(2) Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed;
(3) Be in harmony with the purpose and intent of this bylaw, as well as its specific criteria.
E. Application for a special permit shall be made in accordance with
Article IX: Special Permits of the Wrentham Zoning Bylaw. Each copy of the application shall include a
site plan that complies with the specifications of Article VII of the Wrentham Zoning Bylaws.
