[Massplanners] MassPlanners Digest, Vol 45, Issue 1

Thu Jan 2 08:58:21 EST 2025

The work-around I suggest for these ANR lots is to have the building
inspector require negative RDAs from the Conservation Commission prior to
issuing building permits. The problem is obviously that town staff will
have to remember this requirement into the future and co-operate to enforce
it when the lots are developed-- I don't think you can do much about it at
the ANR stage except perhaps start files in the ConCom and Building
Departments for the property addresses with a memorandum.

The ConCom can review stormwater design for each lot to determine if the
stormwater has been treated to the maximum extent practicable: if the lots
are discharging to municipal stormwater in the road, those municipal
stormwater features discharge to a water body that is subject to regulation
under the WPA and your bylaw, so the ConCom has some claim to jurisdiction
if the lots are not treating their stormwater as required under the Mass
Stormwater Handbook. The lots should be able to manage their stormwater
fairly reasonably on a lot by lot basis through use of tools like rooftop
infiltration, permeable pavers, LID in the form of a rain garden or
roadside swale that captures runoff rather than discharging to the public
way, retaining existing trees in the setbacks... you get the idea.

Keep in mind too that if multiple lots are sold to one developer, it will
likely be a development in excess of 1 acre, which will trigger a
requirement for coverage under the NPDES CGP and the developer should be
required to create a SWPPP prior to development. This again will likely
have to be enforced locally by the building inspector in combination with
the ConCom, but the EPA has jurisdiction, and you can alert them if someone
is developing in excess of an acre without coverage under NPDES CGP.

For folks who aren't aware of this tool, you can look up which construction
projects have properly filed for coverage here:
https://permitsearch.epa.gov/epermit-search/ui/search
using "NPDES", Construction Stormwater", "general permit" "Coverage
Requests" and clicking into "show more" to search by your municipality. All
construction projects of 1 acre or greater should be listed.

It looks like Douglas doesn't have a stormwater bylaw but is working on
one. Once you have one, you can also enforce under your stormwater bylaw if
you need to-- discharge to the road from 5 onward of the lots would be an
illicit discharge to the municipal storm sewer system if it doesn't meet
the stormwater handbook, and you could prohibit those lots from discharging
stormwater onto the public way, requiring them to retain all stormwater on
the site. NB: the bylaw and any associated regulations should have a clear
enforcement mechanism.

Ilex Jones
ijones at norwoodma.gov
Office: (781) 384-9317

On Wed, Jan 1, 2025 at 12:01 PM <massplanners-request at masscptc.org> wrote:

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>    1. Re: ANR lots - question (Maren Toohill)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 31 Dec 2024 17:06:45 +0000
> From: Maren Toohill <MToohill at littletonma.org>
> To: Matthew Benoit <mbenoit at douglas-ma.gov>, ListServ
>         <massplanners at masscptc.org>
> Subject: Re: [Massplanners] ANR lots - question
> Message-ID:
>         <
> BY5PR13MB349284C197C7CB94C9A48C02C30A2 at BY5PR13MB3492.namprd13.prod.outlook.com
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> Content-Type: text/plain; charset="utf-8"
>
> Interesting question, and I recently heard several examples of enforcement
> of DEP Stormwater Standards for ANR lots that are sold off and developed
> over time. The ?Nth? lot owner was required to design, permit, and install
> drainage for the entire ?development?. Apparently, the time lapse can be
> significant ? several years if I heard correctly. I don?t know how a
> Planning Board can compel the current property owner to take responsibility
> for future development; that seems beyond local authority on ANRs. (I would
> be happy to be wrong on that.)
> Consider asking the engineer/surveyor to add a note to the ANR that
> indicates that endorsement of this plan does not indicate compliance with
> DEP Stormwater Standards. That might signal future lot owners to be aware
> of the issue.
> Consider having a discussion with the Building Commissioner and DPW
> Director to work with applicants when curb cut permits and/or building
> permit applications arrive. Again, there is limited local authority, but
> some advantage to trying to keep everyone in the loop to avoid the
> responsibility being left to the unfortunate 5th, or later lot owner.
> Thanks,
> Maren
>
> Maren A. Toohill, AICP
> Town Planner
> 978/540-2425
> MToohill at littletonma.org<mailto:MToohill at littletonma.org>
> Town of Littleton
>
>
> From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of
> Matthew Benoit via MassPlanners
> Sent: Tuesday, December 31, 2024 9:01 AM
> To: ListServ <massplanners at masscptc.org>
> Subject: [Massplanners] ANR lots - question
>
>
>
> Warning ? THIS EMAIL WAS SENT BY AN EXTERNAL SENDER
>
> Planners,
>
> We are anticipating the receipt for an ANR to create 8 lots on a public
> way.  We cannot deny the ANR - as it is on a public way with adequate
> emergency vehicle access.  We want to ensure that the owner, before selling
> off the lots, addresses stormwater requirements for DEP.   See 310 CMR
> 10.05(6)(k)-(q) for the section on Stormwater Management Standards.
> 10.05(6)(m) refers to projects that a required to meet the Stormwater
> Standards to the maximum extent practicable and states under 10.05(6)(m)3.
> ?Housing development and redevelopment projects comprised of detached
> single-family dwellings, on five to nine lots, provided there is no
> stormwater discharge to a critical area.?  Or... that each individual owner
> address stormwater for each lot individually.  We do not have a permit
> mechanism in place to handle this so how can we ensure that this is handled
> properly?
>
> Thank you in advance for your responses.
>
> Respectfully,
>
>
> Matthew C. Benoit, Notary Public
> Director of Community Development
> Town of Douglas
> 29 Depot Street
> Douglas MA 01516
> 508-476-4000  x 206
> mbenoit at douglas-ma.gov<mailto:mbenoit at douglas-ma.gov>
> Town Hall Hours:
> Monday-Wednesday-Thursday:  8:30am - 4:00pm
> Tuesday: 8:30am-6:00pm
> Friday: 8:30am-12:00pm
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