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Hopkinton's
Aquifer Protection Map
The
shaded areas are protected by the Water Resources
Protection Overlay by-law. This map can be found
in the Planner's office at the town hall.
Passed October 1989
WATER RESOURCES PROTECTION
OVERLAY DISTRICT
SECTION I. PURPOSE
The purpose of the Water Resources Protection
Overlay District is to preserve and protect the
quality and quantity of present and potential
drinking water supplies, both public and private,
and their recharge areas.
SECTION II. GENERAL DEFINITIONS
AQUIFER: A geologic formation composed of
rock or sand and gravel that contains significant
amounts of potentially recoverable potable water.
GROUNDWATER: All the water found beneath
the surface of the ground. In this by-law, the
term refers to the slowly moving subsurface water
present in aquifers and recharge areas.
RECHARGE AREAS: Areas from which
precipitation or surface water can migrate into an
aquifer.
DISPOSAL: The deposit, injection, dumping,
spilling, leaking, incineration, or placing of any
hazardous material into or on any land or water so
that such hazardous material or any constituent
thereof may enter the environment or be emitted
into the air or discharged into any water,
including groundwater.
HAZARDOUS MATERIALS: Any substance or
combination of substances, that because of
quantity, concentration or physical, chemical or
infectious characteristics, poses a significant
present or potential hazard to water supplies or
to human health if disposed of into or on any land
or water in this town. Any substance deemed a
"hazardous waste" in Massachusetts
General Laws, Chapter 21C shall also be deemed a
hazardous material for purposes of this by-law.
IMPERVIOUS: Impenetrable by water.
SOLID WASTES: Useless, unwanted or
discarded solid materials, with insufficient
liquid content to be free flowing, including for
example, rubbish, garbage, scrap materials, junk,
refuse, inert fill material and landscape refuse
that has been chemically treated.
WATER RESOURCES PROTECTION OVERLAY DISTRICT:
The Water Resources Protection Overlay District
shall be comprised of the aquifer and watershed as
well as the watershed above reservoirs that are
used for surface water supplies. It shall include
the highly permeable unconsolidated stratified
drift deposits which yield reliable supplies of
water, as well as the unstratified deposits and/or
upland areas upgradient of which effectively
provide secondary recharge to the aquifer.
SECTION III. ESTABLISHMENT OF DISTRICTS
For the purpose of this by-law, there is hereby
established within the Town of Hopkinton an
overlay district consisting of certain aquifer
protection areas which are delineated on a map
entitled "Water Resources Protection Overlay
District, Town of Hopkinton", dated September
17, 1989 and as further amended, and which shall
be considered as superimposed over other districts
established by the Zoning By-laws of this town.
When a portion of a lot is in the Water
Resources Protection Overlay District, only the
portion of the lot in the Water Resources
Protection Overlay District shall be governed by
this by-law.
SECTION IV. USE REGULATION
1. Uses otherwise not permitted in the
underlying zoning district shall not be
permitted in this superimposed district.
2. Permitted uses: Within the Water
Resources Protection Overlay District, no
land shall be used except for one or more of
the following uses:
a. Any use or structure or accessory
thereto permitted by right in the
underlying district;
b. Recreational use of land or water;
c. Agricultural, horticultural, or
forestry uses.
All other uses are prohibited, unless
authorized by special permit.
3. Special Permit Uses: The following
uses may be authorized by special permit
subject to the approval of the Special
Permit Granting Authority under such
conditions as they may require. All uses in
the underlying district which require a
special permit shall be subject to the
Special Permit provisions set out in this
section and in Section V.
a. Excavation other than for a
structure or grading resulting in creation
of exterior grades less than six (6) feet
above the maximum groundwater table
elevation, other than for ponds under
Special Permit Uses item (h);
b. Sewage treatment facilities, public
or private, other than a subsurface
disposal system as allowed by state and
local code of 1500 gallons a day or less;
c. Solid waste transfer station;
d. Golf courses;
e. Storage of deicing chemicals in
amounts exceeding 100 pounds;
f. Application of pesticides,
herbicides, and fertilizers for commercial
purposes;
g. Any use that will render impervious
more than 15% or 2,500 square feet of any
lot, whichever is greater. A system for
groundwater recharge must be provided
which does not degrade groundwater
quality. For non-residential uses,
recharge shall be by stormwater
infiltration basins or similar system
covered with natural vegetation, and dry
wells shall be used only where other
methods are unfeasible. For all
non-residential uses, all such basins and
wells shall be preceded by oil, grease,
and sediment traps to facilitate removal
of contamination. Any and all recharge
areas shall be permanently maintained in
full working order by the owner;
h. Creation of ponds;
i. Use of sodium deicing chemicals in
excess of the minimum amount determined by
the highway surveyor as necessary to
insure the safety of the walking and
motoring public;
j. Electronic component assembly.
4. Prohibited Uses:
a. New installation of underground
storage tanks of liquid petroleum and/or
chemical products of any kind;
b. Disposal, treatment or generation of
any hazardous materials or placement of
contaminated fill;
c. Storage of hazardous materials in
quantities greater than those amounts
usually associated with household uses;
d. Sanitary landfill, jointured,
salvage yard, other solid or hazardous
waste disposal or incineration;
e. Industrial or commercial uses which
discharge processed wastewater on site;
f. Excavation other than for a
structure, or grading resulting in
creation of exterior grades within four
(4) feet of the maximum high groundwater
table elevation other than for ponds
allowed under Special Permit Uses item
(h);
g. Dry cleaning and commercial laundry
establishments;
h. Motor vehicle sales, service,
washing and repair establishments, and
filling stations;
i. Truck terminal;
j. Commercial wood finishing using
chemicals;
k. Electronic component manufacturing;
l. Metal plating or finishing;
m. Commercial photo finishing;
n. Underground transmission lines for
chemicals or liquid petroleum products;
o. The disposal of snow containing
sodium deicing chemicals;
p. Wastewater treatment facilities
other than individual sewage disposal
systems except for replacement, repair or
systems treating contaminated ground or
surface water;
q. Automobile graveyards and junkyards
as defined in M.G.L. Ch. 140B Sec. 1;
r. Storage of more than one (1)
unregistered motor vehicle, with the
exception of farm vehicles in accordance
with M.G.L. Ch. 90;
s. Individual sewage disposal systems
that are designed in accordance with 310
CMR 15.00 to receive more than 110 gallons
of sewage per quarter acre under one
ownership per day, or 440 gallons of
sewage on any one acre under one ownership
per day, whichever is greater, provided
that:
i. the replacement or repair of a
system, which will not result in an
increase in design capacity over the
original design, or the design
capacity of 310 CMR 15.00, whichever
is greater, shall be exempted;
ii. in Open Space and Landscape
Preservation Development subdivisions
the total sewage flow allowed shall be
calculated based on the number of
percable lots in the entire parcel.
t. Components of an individual sewage
disposal system that are not located on
the same property as the use that is
served by the system.
SECTION V. SPECIAL PERMITS
1. The Special Permit Granting Authority
(SPGA) shall be the Zoning Board of Appeals.
2. If the bounds of the Water Resources
Protection Overlay District as delineated on
the Water Resources Protection Overlay
District Map, are challenged, the burden of
proof shall be upon the owner(s) of the land
in question to show evidence supporting an
alternative bound.
3. Application:
a. Any person who desires to obtain a
special permit shall submit a written
application to the SPGA. Each application,
together with a filing fee, shall contain
a complete description of the proposed
use, together with any supporting
information and plans which the SPGA may
require. The applicant shall file ten (10)
copies of the application with the SPGA.
b. The application, where applicable,
shall include:
· A
complete list of the quantities and
names of all chemicals, pesticides,
fuels, and other potentially hazardous
materials to be used or stored on the
premises accompanied by a description of
measures proposed to protect from
vandalism, corrosion and leakage, and to
provide for spill prevention and
countermeasures;
· A
description of quantities of potentially
toxic or hazardous wastes to be
generated, indicating storage and
disposal method;
·
Evidence of approval by the Department
of Environmental Protection of any
industrial waste treatment or disposal
system and of any wastewater treatment
system over 15,000 gallons per day
capacity;
·
Analysis by a registered professional
engineer experienced in groundwater
evaluation or qualified professional
hydrogeologist, with an evaluation of
the proposed use including its probable
effects or impact on surface and
groundwater quality and quantity, and
natural flow patterns of water courses.
c. The SPGA shall refer copies of the
application to the Board of Health,
Planning Board, Conservation Commission,
Board of Water and Sewer Commissioners,
Hazardous Waste Coordinator, Building
Inspector, Highway Surveyor, Fire Chief,
and Board of Selectmen who shall review
the application and submit recommendations
to the SPGA within thirty-five (35) days
of the referral date. Failure to submit
recommendations to the SPGA within such
time shall be deemed lack of opposition.
d. The SPGA shall hold a public hearing
on the application no later than
sixty-five (65) days after the date of
filing of an application. The SPGA shall
issue a decision no later than ninety (90)
days following the close of the hearing.
The required time limits for a public
hearing and said action may be extended by
written agreement between the SPGA and the
applicant. The agreement shall be filed in
the office of the Town Clerk.
4. Findings by SPGA: The SPGA shall not
issue a special permit unless it shall find
that the proposed use:
a. Is not in conflict with the purpose
and intent of this by-law;
b. Will not be injurious to the Overlay
District;
c. Is appropriate to the natural
topography, soils, and other
characteristics of the site to be
developed;
d. Will not, during construction or
thereafter, have an adverse environmental
impact on the aquifer or recharge area;
e. Will not adversely affect an
existing or potential water supply.
5. Special Permit Conditions: The special
permit shall include sufficient conditions
to satisfy the purposes of this by-law. The
conditions may include, but are not limited
to, analysis or monitoring of ground and
surface waters, hydrogeologic evaluation,
erosion or siltation, compaction,
sedimentation control, drainage and recharge
provisions, and any other limitations or
standards deemed necessary by the SPGA. In
making a determination regarding the
issuance of a special permit, the SPGA shall
give consideration to the simplicity,
reliability, and feasibility of the control
measures proposed and the degree of threat
to water quality and quantity which would
result if the control measures were to fail.
The SPGA may require a bond to ensure that
these conditions are fulfilled.
6. Special Permit Time Limitations: A
special permit shall lapse if a substantial
use thereof has not commenced except for
good cause within two years from the
effective date of the special permit.
7. Effective Date of Special Permit: No
special permit shall take effect until a
copy of the decision has been recorded in
the Middlesex South Registry of Deeds, or
for registered land, in the Land
Registration Section of said Registry. Such
decision shall bear the certification of the
Town Clerk that twenty days has elapsed
after the decision has been filed in the
office of the Town Clerk and no appeal has
been filed, or if such appeal was filed, it
has been dismissed or denied.
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