Section 47 Aquifer and Watershed Protection Overlay
Section 47. Aquifer and Watershed Protection Overlay District.
47.1 Intent. The intent of the Aquifer and Watershed Protection District is:
A. To promote the health, safety, and general welfare of the community;
B. To preserve and maintain the existing and potential groundwater supplies, aquifers, and groundwater recharge areas within the district overlay and to protect them from adverse development or land use practices;
C. To preserve and protect present and potential sources of drinking water supply for the public health and safety;
D. To conserve the natural resources of the Town of placeCityMillbury;
E. To prevent blight and the pollution of the environment.
47.2 Scope and Authority. The Aquifer and Watershed Protection Overlay District shall be considered as overlaying any other zoning districts. Any use permitted in the portion of the district so overlaid shall be permitted subject to all the provisions of this of this district, unless expressly prohibited under this overlay district.
47.3 Establishment and Delineation of Aquifer and Watershed Protection Overlay District.
For the purposes of this district, there are hereby established within the Town of placeCityMillbury certain aquifer and watershed protection areas consisting of aquifer and/or aquifer recharge areas.
47.31 Districts. The Aquifer and Watershed Protection Overlay District overlies portions of the presently existing Suburban I District within Millbury. This underlying district remains unchanged, and all Suburban I regulations must be met, except where the requirements of the overlying Aquifer and Watershed Protection
District are more stringent, in which case the more stringent requirements shall govern.
The Aquifer and Watershed Protection Overlay District includes the aquifer itself and the most significant recharge area for these aquifers.
Aquifer and aquifer recharge areas are defined by standard geologic and hydrologic investigations which may include drilling observation wells, performing pumping tests, water sampling, and geologic mapping.
The Aquifer and Watershed Protection Overlay District consists of the following:
Area A: Aquifer and Direct Recharge Areas comprised of:
1. That portion of the stratified sand and gravel aquifer and the adjacent aquifer recharge areas that provide direct recharge to any existing or potential municipal water supply wells.
2. Remaining portions of the stratified sand and gravel aquifer that are "up-gradient" of any existing or proposed municipal wells and their direct recharge areas.
Area B: Contributing Watershed Areas comprised of:
1. All portions of the watershed which contains existing or potential municipal water supply wells, excluding those areas included in Area A, and that are up-gradient of these existing or potential well sites.
2. All areas contained within the contributing watershed that feed surface water bodies, lakes, ponds, and streams that are themselves sources of public drinking water, or are sources of recharge to existing or potential municipal water supply wells.
47.4 Overlay Map. The boundaries of the overlay district are delineated on a map at a scale of 1' = 1,000', or entitled "Aquifer and Watershed Protection Overlay District", dated April 5, 1986, in the office of the Town Clerk. These boundaries reflect the best hydrogeologic information available as of the date of the map. In the event of a discrepancy between the map and the criteria of Section 47.31, the criteria shall control.
Where the bounds as delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) or special permit applicant(s) of land in question to show where they should properly be located. The Town may engage a qualified hydrologist with proven experience in the evaluation of groundwater resources to determine more accurately the location and extent of an aquifer or recharge area, and may charge the owner(s) or special permit applicant(s) for all, or part of the cost (up to a maximum of $5,000) of the investigation, or review information submitted by the owner(s) or special permit applicant(s).
47.5 Use Regulations. Within the Aquifer and Watershed Protection Overlay District, the requirements of the underlying Suburban I District continue to apply, except for the following:
47.51 Within the Overlay District, the following principal uses are permitted if granted a Special Permit for an exception by the special permit granting authority;
(a) Earth removal in accordance with Section 42;
(b) Nonprofit club or lodge;
(c) Public utility, without service yards;
(d) Airfield or heliport;
(e) Veterinary, animal hospital, or kennel;
(f) Temporary structures or uses not conforming to this by-law;
(g) Residential social service facility, provided that all building code, health, and zoning bylaw requirements are adhered to, and that the specific premises are not unsuitable in relation to the needs of the persons being cared for and in consideration of avoidance of undue concentration of such facilities in any neighborhood.
(h) Accessory scientific use in accordance with Section 46;
(i) Multifamily addition or renovation to existing structure.
47.52 Within the Overlay District, no lot shall be built upon or changed in size or shape except in conformity with the following:
Min. placeLot Min. Lot Minimum Yards Max. placeLot Max. Bldg
Area Frontage Front/Rear/Side Coverage Height
80,000 sf 200 ft 25ft/10ft/10ft 30 % 30 ft
47.6 Conflict With Other By-laws. This by-law shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other by-law, ordinance, law, or regulation. Where this by-law and another impose differing standards for the promotion of health, safety, and welfare, the provisions of the more stringent by-law shall prevail. (By-laws of 4-5-86, Art. 51, s. 22)
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