Request to Enforce Zoning Bylaw 510.5,

1
Request to Enforce Zoning Bylaw 510.5, Buffer
Zonefrom the edge of a tributary to Tack
Factory Pond ReservoirbyLance and Kristine Van
Lenten, abuttersto be applied toPopes Pond
Housing Development off149 Old Oaken Bucket
RoadZoning Board of Appeals HearingAugust 19,
2004
2
510.5 Buffer Zone A.Non-Disturbance Buffer
ZoneA Non-Disturbance Buffer Zone shall exist
one hundred and fifty feet horizontally from the
high water mark of Tack Factory Pond Reservoir
and from the edge of all tributaries in the
reservoir watershed. Within this buffer zone, in
addition to all other restrictions in the Water
Resources Protection District, the following
activities are prohibited1. Any activities
which cause earth movement or disturbance2.
Vegetation removal or cutting3. Construction or
placement of any permanent structures, other than
those associated with the providing of public
water,4. Any surface or sub-surface discharge,
including but not limited to storm water runoff
and domestic or industrial wastewater.
3
Definition of Tributary

• Scituate has no local definition.
• The definition used by DEP and other communities
  is found in 310 CMR 22.00

4
310 CMR 22.00Tributary means any body of
running, or intermittently running, water which
moves in a definite channel, naturally or
artificially created, in the ground due to a
hydraulic gradient, and which ultimately flows
into a Class A surface water source, as defined
in 314 CMR 4.05(3)(a).(Referenced regulations
attached)
5
Key tributary wordsfor Satsuit Meadow
Tributary

• Body of water
• Intermittently running
• Naturally or artificially created
• Enters Public Water Supply

6
314 CMR 4.05 (3) Inland Water Classes(a) Class
A - These waters are designated as a source of
public water supply. These waters are
designated for protection as Outstanding Resource
Waters under 314 CMR 4.04(3).
Definition of Public Water Supply
7
314 CMR 4.06 TableOld Oaken Bucket Pond
(Herring Brook Pond) Pond to outlet in Scituate
and those tributaries thereto (are) Class A
Public Water Supply (referenced regulations
attached)
State Definition of Scituates Surface Public
Water Supply
8
Scituates Surface Public Water
SupplyincludesHeadwater Swamps,
Tributariesand Impoundments (Tack Factory
Pond, Reservoir, Old Oaken Bucket Pond)
9
Headwater Swampsin Scituates Watershedinclude

• South Swamp
• Brushy Hill Swamp
• George Moores Swamp
• (Satsuit Meadow)

10
South Swamp
11
Brushy Hill Swamp
12
George Moores Swamp(Satsuit Meadow)
13
FHBWI documented tributaries that are not shown
on Local and State Maps in the June 2003 First
Herring Brook Watershed Report (on file)
14
CEI has recommended thatthe town revise local
maps based on the FHBWI Report findings

• CEI recommends that the Flood Plain and
  Watershed Protection District be updated to
  include the additional contributing watersheds
  and tributary segments identified by the First
  Herring Brook Watershed Initiative (FHBWI).
• Rebecca Balke, CEI, 9/2/03 memo to A. Antoniello,
  page 4
• (with attached regulations)

15
The following unmappedtributary segments have
been submitted to DEP(Water Study Committee
Report, on file)An amended State map of
Scituates Public Water Supply will be
available this Fall
16
Clapp Brook Brushy Hill Swamp
17
Tan Brook Brushy Hill Swamp
18
Tributaries off Doctors Hill
19
Maple Street Tributary
20
Tributary and Stream off Grove St.
21
Actual start of First Herring Brook, Tributaries
in West End off Summer Street and First Parish
Road
22
Streams that flow into and out of South Swamp
23
Satsuit Meadow Tributary and connecting channels
This Tributary is already recognized on State
maps
24
Satsuit Meadow Tributary and connecting channels
This Tributary is called an intermittent
tributary in the FHBWI First Herring Brook
Watershed Report, page 62
25
2003 Scituate Water Division Map, MA DEP
Orange line delineates Scituate Public Water
Supply (Surface)
26
2003 Scituate Water Division Map, MA DEP
This map was given by DEP to Scituate Water,
Conservation and Health Depts.
(Map section was submitted with hearing request
letter)
27
Satsuit Meadow TributarySubject of our request
to enforce WRPD Bylaw 510.5Buffer
28
George Moores Swamp-Satsuit Meadow
1831 Map, Scituate Historical Society (Map
Comparison Chart, attached)
29
Note Satsuit Meadow Tributary
1831 Map, Scituate Historical Society
30
Satsuit Meadow Tributary channel leads to First
Herring Brook
1831 Map, Scituate Historical Society
31
1941 USGS Map
32
Satsuit Meadow Tributary and connected bog
channels
1941 USGS Map, (Map Comparison Chart, attached)
33
2003 Scituate Water Division Map, MA DEP
34
2003 Scituate Water Division Map, MA DEP
Orange line delineates Scituate Public Water
Supply (Surface)
35
2003 Scituate Water Division Map, MA DEP
Orange line delineates Scituate Public Water
Supply (Surface)
36
2003 Scituate Water Division Map, MA DEP
Blue lines are Satsuit Tributary and connected
channels
Orange line-water supply
37
2003 Scituate Water Division Map, MA DEP
Water flows to Tack Factory Pond
(Map Comparison Chart, attached)
38
2004 USGS Streamstats map Used by Conservation
Commissions to recognize perennial streams
(MassGIS)
(Available online at www.state.ma.us/mgis/., not
attached)
39
2004 USGS Streamstats
Satsuit Meadow Tributary and channels are shown
40
2004 USGS Streamstats
Satsuit Meadow Tributary and channels are shown
41
DEP recognizes perennial streams minus
diversions and dams. (2002 Wetlands Act
Preface)
42
First, the Department has retained the concept
that the Legislature meant to protect rivers that
would flow throughout the year in their natural
condition. Preface to the 2002 Wetlands
Protection Act 310 CMR 10.00 pg. 320(Regulations
section, attached)
43
2004 Map by Higgins Environmental Associates
(Not attached)
44
2004 Map by Higgins Environmental Associates
Purple area shows public water supply surface
waters and wetlands
45
2004 Map by Higgins Environmental Associates
Water flows to Tack Factory Pond
46
WRPD Map amended at 2004 Town Meeting (Map A)
47
Amended WRPD Map voted at 2004 Town Meeting
48
Streams are in the key, tributaries are not
included
Amended WRPD Map voted at 2004 Town Meeting
49
Map shows Satsuit Meadow Tributary with
connecting channels as streams.
Amended WRPD Map voted at 2004 Town Meeting
50
Unofficial CEI 2004 Tributary Map referenced by
ZEO (Map Comparison Chart, attached)
51
Upstream section of Satsuit Meadow Tributary and
channels excluded
(outlined)
Unofficial CEI 2004 Tributary Map referenced by
ZEO
52
Connection to Tack Factory Pond is depicted
(outlined)
Bog
Unofficial CEI 2004 Tributary Map referenced by
ZEO
53
Connection to Tack Factory Pond depicted
Where does this water come from?
Unofficial CEI 2004 Tributary Map referenced by
ZEO
54
Where is the water in the section of the Satsuit
Meadow Tributarythat is now protected by the
WRPD Bylaw coming from?
55
Tack Factory Pond Reservoir Watershed
(Photo submitted with hearing request letter)
56
Satsuit Meadow Tributary and channels inundated,
Project site
(Photo submitted with hearing request letter)
57
Satsuit Meadow Tributary and channels inundated,
Project site
Tack Factory Pond
(Photo submitted with hearing request letter)
58
Satsuit Meadow Tributary and channels inundated,
Project site
Tack Factory Pond
(Photo submitted with hearing request letter)
59
Surface Water area is larger than Tack Factory
Pond and Old Oaken Bucket Pond combined
Tack Factory Pond
(Photo submitted with hearing request letter)
60
Surface Water area is larger than Tack Factory
Pond and Old Oaken Bucket Pond combined
70 ft. elevation
40 ft. elevation
Tack Factory Pond
(Photo submitted with hearing request letter)
61
(Photo submitted with hearing request letter)
62
40 elev.
Tack Factory Pond
Outlet of Water From bog
70 elev.
63
(Photo submitted with hearing request letter)
64
To Tack Factory Pond
Channels are visible through water
65
(Photo submitted with hearing request letter)
66
A channel connected to Satsuit Meadow Tributary,
flow noted
Southwest of Old Oaken Bucket Road 8/14/04
67
A channel connected to Satsuit Meadow Tributary,
flow noted
Southwest of Old Oaken Bucket Road 8/14/04
68
Satsuit Meadow Tributary (western section of
bog), flowing into tributary section accepted by
ZEO
Southwest of Old Oaken Bucket Road 8/14/04
69
Southwest of Old Oaken Bucket Road
70
Satsuit Meadow Tributary and Channels becoming
inundated
Southwest of Old Oaken Bucket Road 4/2/04
71
Outlet of Satsuit Meadow Tributary and Channels
Southwest of Old Oaken Bucket Road 4/2/04
72
Outlet of Satsuit Meadow Tributary and Channels
Southwest of Old Oaken Bucket Road 4/2/04
73
Highwater mark at top of outlet or edge of bank
Southwest of Old Oaken Bucket Road 4/2/04
74
Satsuit Meadow Tributary and Channels becoming
inundated
Southwest of Old Oaken Bucket Road 4/2/04
75
Satsuit Meadow Tributary and Channels becoming
inundated
Southwest of Old Oaken Bucket Road 4/2/04
76
Bog inundated with water from Tributary and
Channels
View from North
77
Bog inundated with water from Tributary and
Channels
High Water Mark up to bank
View from North
78
View of Satsuit Meadow Tributary flowing towards
Tack Factory Pond on the Northeast side of Old
Oaken Bucket Road
79
View of Satsuit Meadow Tributary flowing towards
Tack Factory Pond on the Northeast side of Old
Oaken Bucket Road
80
This section of the Tributary is currently
protected by the Bylaw
View of Satsuit Meadow Tributary flowing towards
Tack Factory Pond on the Northeast side of Old
Oaken Bucket Road
81
Diversion Sluice
Downstream of the recognized Tributary section
82
Diversion Sluice
To Tack Factory Pond
Downstream of the recognized Tributary section
83
Flow of Tributary past sluice to Tack Factory Pond
View from Northeast (photo submitted with
hearing request letter)
84
Flow of Tributary past sluice to Tack Factory Pond
Sluice
View from Northeast (photo submitted with
hearing request letter)
85
Further Documentationof Satsuit Meadow Tributary
86
Higgins Environmental Associates

• Stream flow from the cranberry bog at Satsuit
  Meadow continues to discharge through the natural
  course of the unnamed stream to Tack Factory
  Pond
• HEA Report, by hydrogeologist,
• page 2, bottom
• (Item A)

87
Mariann Ahola(family built cranberry farm)

• When released at the bogs outlet, this body of
  water runs into the existing stream channel to
  Tack Factory Pond
• Notarized Affidavit
• (Item B)

88
Scituate Conservation Commission

• the water that the leaves the bog eventually
  runs into Old Oaken Bucket Pond
• (via Tack Factory Pond-First Herring Brook)
• Popes Pond Denial Letter, page 1
• (Item C)

89
Comprehensive Environmental Incorporated
(CEI)Water Department Consulants

• waterenters the channel which leads in the
  direction of Old Oaken Bucket Pond.
• Matt Lundstead memo, page 2
• (Item D)

90
North and South Rivers Watershed Association

• protect your community by enforcing Scituates
  bylaw prohibiting development within 150 feet of
  a tributary to the Towns water supply
• Letter to Selectmen from NSRWA Director Samantha
  Woods, page 1
• (Item E)

91
Video Documentation is on attached DVD(Item F)
92
Satsuit Meadow Tributary and Diversion System
93

• Diversion Sluice is irrelevant to this issue
• ZEO recognizes tributary upstream from sluice
• State recognizes tributaries minus diversions and
  dams
• Sluice not designed to contain all flow
• No easements, landowners refuse access
• Water should be cleaned on site before discharge
  into either First Herring Brook or Herring River
• Satsuit Meadow tributary is a valuable water
  resource that should be cleaned and utilized

94
ZEO recognizes tributary upstream from sluice
95
Connection to Tack Factory Pond is depicted
Bog
Unofficial 2004 Tributary Map referenced by ZEO
96
State recognizes tributaries minus diversions
and dams
97
2004 Scituate Water Division Map, MA DEP
Blue lines are Satsuit Tributary and connected
channels
Orange line-water supply
98
Sluice does not divert all flow

• In a letter the ZEO referenced a comment in the
• 1987 IEP Water Resources Study describing the
  sluices presumed function to completely divert
  water from Tack Factory Pond.
• There is no data to support this observation
• The bank is lower than the sluice boards (noted
  by CEI), flow past sluice appears intentional
• Documentation proves that the Satsuit Meadow
  Tributary intermittently flows through the bog
  basin into Tack Factory Pond

99
No easements and landowners refuse access

• A plan has been suggested by CEI to
• Remove wetland vegetation, including trees and
  shrubs,
• Cover bank of natural stream with a mound of
  fill and 7 inch rip-rap stone
• Divert water from the bog, the Walnut Hill
  Subdivision and the proposed development totally
  into the Herring River
• (Abutter letter, Item G)

100
Water should be cleaned on site before discharge
into either First Herring Brook or Herring River

• We believe it is the responsibility of the
  landowners-developers to clean water so it is
  suitable for public water supply use

101
Satsuit Meadow tributary is a valuable water
resource that should be cleaned and utilized

• A tributary is a valuable resource in Scituate,
  especially in light of the Safe Yield issue.
•  Clean water is important to maintain the
  natural environment. First Herring Brook and the
  Herring River are associated with shellfishing
  areas and the protected North River aquatic
  ecosystem

102
Summation
103
310 CMR 22.00Tributary means any body of
running, or intermittently running, water which
moves in a definite channel, naturally or
artificially created, in the ground due to a
hydraulic gradient, and which ultimately flows
into a Class A surface water source, as defined
in 314 CMR 4.05(3)(a).
104
Key tributary wordsfor Satsuit Meadow
Tributary

• Body of water
• Intermittently running
• Naturally or artificially created
• Enters Public Water Supply

105
Satsuit Meadow Tributaryincludes the
channelfrom the existing streamand connected
channelsthat flow throughoutthe bog
106
Body of water
107
Intermittently running
Flow to Tack Factory Pond
108
Naturally or artificially created
Satsuit Meadow Tributary and Channels becoming
inundated
109
Enters Public Water Supply
Public Water Supply down- Stream of Sluice
Sluice upstream
110
510.5 Buffer ZoneA.Non-Disturbance Buffer
ZoneA Non-Disturbance Buffer Zone shall exist
one hundred and fifty feet horizontally from the
high water mark of Tack Factory Pond Reservoir
and from the edge of all tributaries in the
reservoir watershed. Within this buffer zone, in
addition to all other restrictions in the Water
Resources Protection District, the following
activities are prohibited1. Any activities
which cause earth movement or disturbance2.
Vegetation removal or cutting3. Construction or
placement of any permanent structures, other
thatn those associated with the providing of
public water,4. Any surface or sub-surface
discharge, including but not limited to storm
water runoff and domestic or industrial
wastewater.
111
We respectfully request that Satsuit Meadow
Tributary and connecting channels be protected by
WRPD Zoning Bylaw 510.5150 Foot Non-disturbance
BufferLance and Kristine Van Lenten,
abutters150 Old Oaken Bucket Road