Wetlands Bylaw Review Committee Simplifies Lengthy, Contentious Application Process
The Wetlands Bylaw Review Committee was created last year by Selectmen to simplify the lengthy, contentious and circuitous application process Groton Electric Light Department (GELD) endured in securing permits for their new office and garage facility. The primary goal of the Wetlands Bylaw Review Committee is to provide a clear, unambiguous understanding of the information expected from applicants coming before the Conservation Commission.
Although the GELD building plan went through numerous iterations and designs attempting to stay out of the nearby 100-foot wetland buffer zone, the Conservation Commission was unwilling to accommodate GELD despite having allowed encroachment of the 100-foot buffer zone in the 134 Main Street project and despite language allowing permits to be approved if clearly in the 'public good.'
Wetlands Bylaw Review Committee Chairman Black said the Committee wrestled with the definition of "public good" but ultimately was unable to come up with the language to define the term. The Committee decided that instead of trying to parse a definition of 'public good', they would add language to the proposed bylaw formally asking related committees whether proposed changes to a project met the standard of 'public good'. By seeking a wider range of opinion, it was felt that more reasonable decisions about the 'public good' of a given project were more likely in individual cases.
Another area that was addressed was the definition of 'previously disturbed' land, and suggested no longer referring the dates of disturbance as a criteria based on the passage of the original bylaw. Interestingly, this change in definition of 'previously disturbed' land is significant change, making the bylaw fairer for all residents. The current bylaw effectively grants rights to property owners still living on land purchased before a certain date. Now, effectively, all property owners are subject to a single more forgiving standard. One area of town that often encounters previously disturbed land, among other places, is Lost Lake and it is the intent of the Committee to change language to simplify and streamline the process for all residents.
A recommendations to establish 'stream maps' taking into consideration local conditions as streams are often changing was tabled with the intention of reviewing the feasibility of what would be a huge undertaking, There was also talk of expanding buffer zones to protect biodiversity. However, the Committee did not recommend expanding buffer zones, saying that there was no political will to do so. Chairman Black stressed that no changes were being proposed to buffer zones in the bylaw to come before Spring Town Meeting.
The proposed bylaw includes a new preamble explaining the purpose of and need for Wetlands protection in plain non-technical language without frequent references to state law. In summary, Black said the proposed bylaw provides effective protection of wetlands, while making the bylaw easier to understand, providing a clearer path for applicants and giving the Conservation Commission to be flexible is proposed changes meet the standard of public good.
Art Prest, President of the Groton Lakes Association told the Board that the Association supports the work done by the Committee; especially since many of the lake residents already live within the buffer zones. "We feel comfortable with this," he said. Conservation Commission Chairman Marshall Giguere said his Commission also agreed with the document although they will vote on it after the Committee finalizes the bylaw proposal.
Once complete, the bylaw will be reviewed by Town Counsel, be discussed at a public hearing before making it onto the floor of Town Meeting.
