5.7.1 PURPOSE
5.7.1.1 The purposes of this District are:
a) To provide that lands in the Town of Hudson, subject to seasonal or
periodic flooding as described hereinafter, shall not be used for residence or other purposes in such a manner as to endanger the health, safety or welfare of the occupants thereof, or of the public generally, or so as to burden the public with costs resulting from unwise individual choices of land use.
b) To protect, preserve and maintain the water table and water recharge areas
within the Town as to preserve present and potential water supplies
for the public health and safety of the Town.
c) To assure the continuation of the natural flow pattern of the water courses
within the Town, in order to provide adequate and safe flood water
storage capacity to protect persons and property against the hazards of flood inundation.
5.7.2 DISTRICT DELINEATION
5.7.2.1 The location and the boundaries of the Floodplain/Wetland District are
established at the 100 year flood elevations as delineated in the Flood Insurance Study Town of Hudson, Massachusetts, Middlesex County, U.S. Department of Housing and Urban Development Federal Insurance Administrator June 15, 1979; pages 01p_21p inclusive, which pages:
a) Include Assabet River, Assabet Branch No. 3, Assabet Branch No. 4,
Danforth Brook, Fort Meadow Brook, and Hog Brook.
b) Are hereby made a part of this By _ Law, and
c) Are on file in the Office of the Town Clerk.
5.7.2.2 Said locations and boundaries are approximately shown, for convenience and
explanatory purposes only, on maps entitled "Flood Boundary and Floodway Map of Hudson, Massachusetts, Middlesex County, Community Panel number 250197, 0001_0003" National Flood Insurance Program, U.S. Department of Housing and Urban Development Federal Insurance Administration December 15, 1979. Said maps are on file in the office of the Town Clerk, are expressly declared to be not
part of this By_Law, In event of a conflict between any portion of said maps and any portion of profile pages 01p _ 21p cited above, the profiles shall govern.
5.7.2.3 The location and boundaries of the floodway are determined in "Flood Insurance
Study Town of Hudson, Massachusetts, Middlesex County, U.S. Department of Housing and Urban Development Federal Insurance Administration, June 1979;" on table 2 "Floodway Data" "said locations and boundaries are approximately shown, for convenience and explanatory purposes only, on maps entitled "National Flood Insurance Program Floodway, Flood Boundary and Floodway Map Town of Hudson, Massachusetts Middlesex County Community 250197 panel numbers 001B, 002B, and 003B, December 15, 1979."
5.7.3 Use Regulations
5.7.3.1 The Floodplain/Wetlands District shall be considered as over lying other districts.
Any uses permitted in the portions of the districts so overlaid shall be permitted, subject to all the provisions of this section.
5.7.3.2 In the Floodplain/Wetlands District no new buildings shall be erected or
constructed, no existing structure shall be enlarged or moved, no dumping, filling or earth transfer of relocation shall be permitted, and no land, building or structure shall be used for any purpose except:
a) Conservation of water, plants and wildlife.
b) Outdoor recreation, including play areas, nature study, boating, fishing and
hunting where otherwise legally permitted but excluding building
structures.
c) Non_commercial signs (as permitted in the Residential District), wildlife
management areas, foot, bicycle and/or horse paths and bridges
provided such uses do not affect the natural flow pattern of any water course.
d) Grazing and farming, including truck gardening and harvesting of crops.
e) Forestry and nurseries.
f) Temporary non_residential structures used in connection with fishing or
growing, harvesting, storage or sale of crops raised on the premises.
g) A dwelling lawfully existing prior to the adoption of these provisions but
not including improvements which increase ground coverage.
h) Off_street parking.
5.7.3.3 The portion of any lot within the area delineated in Section 5.7.2 above may be
used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated, provided that portion does not exceed one hundred (100) percent of the minimum lot area.
5.7.4 USES PERMITTED BY THE BOARD OF APPEALS
after notice and public hearing
5.7.4.1 Any use permitted in the underlying district in which the land is situated,
including erection or construction of buildings, enlargement or movement of structures, and dumping, filling or earth transfer or relocation, subject to the same use and development regulations as may otherwise apply thereto, provided that the Board shall find that the proposed use will not significantly conflict with the purposes set forth in Section 5.7.1 and that such use is designed, placed and constructed to offer a minimum obstruction to the flow of water and, where appropriate, is firmly anchored, and is not in the floodway.
5.7.4.2 Any use permitted in the underlying district in which the land is situated, subject
to the same use and development regulations as may otherwise apply thereto, provided that the land designated as being within the Floodplain/Wetland District is found by the Board not, in fact, to be subject to flooding, and is not in the floodway.
5.7.4.3 PROCEDURE FOR REVIEW BY THE BOARD OF APPEALS
a) Any person who desires to use land within the Floodplain/Wetland for a
use not permitted by Section 5.7.3 shall submit a written application for a permit to the Board of Appeals with copies of all relevant material to be sent at the same time to the Planning Board, Board of Health and Conservation Commission. Each such application shall be accompanied by the following submissions:
1) A written statement prepared by a Registered Professional
Engineer or a Registered Land Surveyor detailing the proposed work, the history of flooding at the subject premises and the calculations of the volume of water which will be displaced.
2) Development plans, including specific topographic details within
the Floodplain, meeting, to the extent applicable, the requirements set forth for a definitive Plan in the Rules and Regulations of the Planning Board Governing the Subdivision of Land.
3) Such additional information as the Board may require .
b) The Planning Board, Board of Health and Conservation Commission shall
submit to the Board of Appeals written recommendations including at least:
1) An evaluation of the proposed use, including its probable effect or
impact upon the Town's water supply, the quality of water in the
area, the natural flow pattern of water courses, nearby or pertinent floodwater storage areas or other areas subject to seasonal or
periodic flooding and the general health, safety and welfare of the inhabitants of the Town; and
2) A recommendation as to whether the permit should be granted and
whether any restrictions should be imposed upon the proposed use
as conditions of such permit.
c) The Planning Board, Board of Health and Conservation Commission shall
submit such written recommendations to the Board of Appeals within
thirty (30) days of the filing of the original application. If, at the Board of Appeals public hearing such written recommendations have not been received from the Planning Board, Board of Health or Conservation Commission, and the said thirty (30) days have elapsed, the Board
of Appeals may proceed and may render a decision without such absent written recommendations.
d) If a permit is granted, the Board of Appeals shall impose such conditions
and safeguards as public safety, welfare and convenience may require. The Board shall give due consideration to the reports of the Planning Board, Board of Health and Conservation Commission and, where the decision of the Board differs from the recommendations in said reports, the reasons
therefore shall be stated in writing.
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