Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2120 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1211 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2120
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Thomas P. Walsh
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to hillside protection.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Thomas P. Walsh12th Essex1/18/2023 1 of 10
16	16	HOUSE DOCKET, NO. 1211 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2120
18	18	By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 2120) of
19	19	Thomas P. Walsh for legislation to authorize cities and towns to establish ridgeline and hillside
20	20	protection district review boards. Municipalities and Regional Government.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2212 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to hillside protection.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby
32	32	2amended by inserting after chapter 40X the following chapter:-
33	33	3 CHAPTER 40Y. RIDGELINE AND HILLSIDE PROTECTION
34	34	4 Section 1. For purposes of this chapter the following words shall, unless the context
35	35	5clearly requires otherwise, have the following meanings:
36	36	6 “Board”, the ridgeline and hillside protection district review board established pursuant to
37	37	7section 3.
38	38	8 “District”, a ridgeline and hillside protection district. 2 of 10
39	39	9 “Hillside”, land having an average grade of 15 per cent or greater for 200 feet.
40	40	10 “Ridgeline” the long, narrow crest or horizontal line of hills or mountains, usually at the
41	41	11highest elevation.
42	42	12 “Selective cutting”, no more than 50 per cent of the mature trees on a site cut under a
43	43	13selective cutting plan.
44	44	14 “Substantial exterior alteration”, any alteration which increases the assessed value by
45	45	1515%, or which adds to the height of a structure, or which substantially alters the visual profile of
46	46	16the property or structures thereon.
47	47	17 Section 2. The purpose of this chapter is to promote the health, safety and general welfare
48	48	18of the cities and towns that accept it by:
49	49	19 (i) insuring that any development that takes place within the ridgeline and hillside
50	50	20protection district preserves and protects critical natural resource areas, minimizes visual impact
51	51	21of man-made features and enhances the economic values of the properties located therein;
52	52	22 (ii) minimizing the removal of native vegetation, especially large timber, and regulating
53	53	23the excavation and alteration of land in order to minimize any danger of erosion, flooding or
54	54	24pollution of the ground or surface water supply, whether public or private, within the district or
55	55	25any adjacent low lying areas;
56	56	26 (iii) insuring that all proposed development activities do not reduce property values
57	57	27within the district or adjacent to by unnecessarily detracting from the visual setting or obstructing
58	58	28significant views; and 3 of 10
59	59	29 (iv) protecting existing historical physical features and the preservation and development
60	60	30of linkages from 1 open space area to another.
61	61	31 Section 3. This chapter shall take effect in any city and town upon the approval by the
62	62	32legislative body.
63	63	33 A city or town that has voted to accept this chapter shall establish a ridgeline and hillside
64	64	34protection district review board, consisting of no more than 5 members, chosen by the chief
65	65	35executive officer of the city or town. Members of the board may also serve as members of the
66	66	36planning board for the city or town but shall not be members of a board of appeals under a
67	67	37subdivision control law or local zoning ordinance or by-law.
68	68	38 Section 4. Any area of a city or town that has accepted this chapter having a slope of
69	69	39greater than 15 per cent or greater over 200 feet or any elevation of 600 or more above sea level
70	70	40shall be designated as a ridgeline and hillside protection district by the city or town. The
71	71	41boundaries of each district shall be recorded on an overlay map to be kept on file with the city or
72	72	42town clerk.
73	73	43 Section 5. All uses of land included in a district that is not permitted pursuant to section 6
74	74	44or section 7 shall be prohibited.
75	75	45 Section 6. The following uses shall be permitted in a ridgeline and hillside protection
76	76	46district without the need for application and review of the board:
77	77	47 (i) agricultural production, including but not limited to the raising of crops, livestock,
78	78	48poultry, nurseries, orchards, and hay;
79	79	49 (ii) recreational uses, provided there is minimal disruption of wildlife habitat; 4 of 10
80	80	50 (iii) maintenance and repair usual and necessary for continuance of an existing use,
81	81	51including work incidental to construction and the construction or alteration of any dwelling or
82	82	52structure that does not affect the exterior appearance of the dwelling or structure or any
83	83	53construction or alternation to the exterior of a dwelling or structure that would not result in a
84	84	54substantial exterior alteration;
85	85	55 (iv) conservation of water, plants, and wildlife, including the raising and management of
86	86	56wildlife;
87	87	57 (v) non-commercial cutting of trees for fuel;
88	88	58 (vi) uses permitted under section 3 of chapter 40A;
89	89	59 (vii) selective timber cutting shall be permitted within the area of a designated building
90	90	60envelope wherein principal and accessory structures have been approved. Timber cutting for the
91	91	61purpose of clearing land for legitimate agricultural purposes shall be permitted subject to
92	92	62satisfactory evidence of such intended use. Selective commercial timber cutting may be
93	93	63permitted, in accordance with chapter 132; and
94	94	64 (viii) selective cutting of trees or vegetation for normal maintenance purposes on less
95	95	65than one half acre of land, provided that no additional cutting shall be done on the parcel, or on
96	96	66adjoining parcels in common ownership, for a period of 2 years, except for selective cutting
97	97	67specified in a cutting plan approved in accordance with sections 40 to 46, inclusive, of chapter
98	98	68132.
99	99	69 Section 7. The following uses shall be permitted in a district, subject to review and
100	100	70approval by the board pursuant to sections 8 and 9, prior to the issuance of a building permit, 5 of 10
101	101	71special permit or approval of a definitive plan under the city’s or town’s bylaws and ordinances
102	102	72governing subdivisions:
103	103	73 (i) the construction for a new dwelling or principal structure;
104	104	74 (ii) any construction or alteration that would result in a substantial exterior alteration to
105	105	75the dwelling or structure;
106	106	76 (iii) any commercial or industrial use allowed by special permit in the underlying district;
107	107	77and
108	108	78 (iv) any subdivision which requires approval under the city or town’s bylaws or
109	109	79ordinances governing subdivisions;
110	110	80 The board may waive the requirement that it review and approve uses pursuant to this
111	111	81section for dwelling additions, and or accessory buildings of 400 square feet or less.
112	112	82 Section 8. Buildings and landscaping permitted under section 7 shall be designed and
113	113	83located on the site to blend with the natural terrain and vegetation, and to preserve the scenic
114	114	84character of the site, conforming to the following standards:
115	115	85 (i) Building height shall not exceed 35 feet.
116	116	86 (ii) Exposed foundation walls shall not exceed 2 feet above the proposed finished grade;
117	117	87 (iii) Building, alterations, additions, or structures should be placed downgrade of the
118	118	88ridgeline where possible;
119	119	89 (iv) Building materials shall blend with the natural landscape. 6 of 10
120	120	90 (v) Removal of native vegetation, especially large timber, shall be minimized and the
121	121	91replacement of vegetation and landscaping shall be generally compatible with the vegetation of
122	122	92the designated area.
123	123	93 (vi) Trees may only be removed for location and construction of streets, driveways or
124	124	94structures. Selective clearing for views is permitted where the view is obstructed by dense
125	125	95vegetation.
126	126	96 (vii) Retaining walls, of natural materials only, may be used to create usable yard space
127	127	97in the side and rear yard.
128	128	98 (viii) Landscaping and plantings shall be utilized to screen major buildings in open or
129	129	99prominent areas from significant views, both when installed and when mature.
130	130	100 (ix) Any grading or earth moving operation is to be planned and executed in such a
131	131	101manner that final contours appear to be consistent with the existing terrain, both on and adjacent
132	132	102to the site.
133	133	103 (x) Storage or transmission of petroleum or other refined petroleum products is prohibited
134	134	104except within buildings which will be heated or in quantities of 50 gallons or less. Petroleum
135	135	105products stored within a building shall be placed on a diked or impermeable surface to prevent
136	136	106spills or leaks from reaching groundwater.
137	137	107 (xi) All run-off from impervious surfaces shall be recharged on the site by being diverted
138	138	108to storm water infiltration basins covered with natural vegetation. Storm water infiltration basins
139	139	109must be designed to handle a 25-year storm. Dry wells shall be used only where other methods
140	140	110are infeasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of 7 of 10
141	141	111contamination. Any and all recharge areas shall be permanently maintained in full working order
142	142	112by the owner.
143	143	113 (xii) No area or areas totaling 2 acres or more on any parcel or contiguous parcels in the
144	144	114same ownership shall have existing vegetation stripped or be filled 6 inches or more so as to
145	145	115destroy existing vegetation unless in conjunction with agricultural activity or unless necessarily
146	146	116incidental to construction on the premises under a currently valid building permit or unless
147	147	117within streets which are either public or designated on an approved subdivision plan or unless a
148	148	118special permit is approved by the zoning board of appeals on the condition that run-off will be
149	149	119controlled, erosion avoided and either a constructed surface or cover vegetation will be provided
150	150	120not later than the first full spring season immediately following completion of the stripping
151	151	121operation. No stripped area or areas which are allowed by special permit shall remain through the
152	152	122winter without a temporary cover or winter rye or similar plant materials being provided for soil
153	153	123control, except in the case of agricultural activity where such temporary cover would be
154	154	124infeasible.
155	155	125 (xiii) Sediment and erosion control measures shall be employed to minimize such impacts
156	156	126during and after construction, in accordance with guidelines established by the United States
157	157	127Natural Resources Conservation Service “Guidelines for Soil and Water Conversation in
158	158	128Urbanizing Areas of Massachusetts.”
159	159	129 (xiv) Utilities shall be constructed and routed underground except in those situations
160	160	130where natural features prevent the underground siting or where safety considerations necessitate
161	161	131above ground construction and routing. The Review Board may waive this requirement. 8 of 10
162	162	132 (xv) Above ground utilities shall be constructed and routed to minimize detrimental
163	163	133effects on the visual setting.
164	164	134 (xvi) In the building of more than 1 structure, variable setbacks, multiple orientations,
165	165	135and other site planning techniques shall be incorporated in order to avoid the appearance of a
166	166	136solid line of development.
167	167	137 (xvii) Construction of a tower, satellite dish, windmill, any type of antenna, or other
168	168	138installation shall not obstruct the view of a public way, or from a public way, or from an
169	169	139abutter’s dwelling.
170	170	140 Section 9. (a) Prior to undertaking any work in a ridgeline and hillside protection district,
171	171	141including clearing and removal of vegetation, grading or construction, but not including any use
172	172	142permitted pursuant to section 6, and prior to applying for a building permit, landowners shall
173	173	143submit an application for ridgeline and hillside protection review to the board. The building
174	174	144inspector shall not accept an application for a building permit without an attached application for
175	175	145ridgeline and hillside protection review, previously reviewed and approved by the board, unless
176	176	146the inspector determines that the work being undertaking by the application would be considered
177	177	147a permitted use pursuant to section 6. To assist in making such a determination, the building
178	178	148inspector may request the board to provide an opinion, in writing, as to whether the landowner’s
179	179	149proposed work under the building permit constitutes a permitted use pursuant to section 6 or
180	180	150requires application and review pursuant to subsection 7. If the board fails to respond to the
181	181	151building inspector within 20 days, the building inspector shall conclude that the landowner’s
182	182	152proposed work constitutes a permitted use pursuant to section 6. If the board determines that the
183	183	153landowner’s proposed work under the building permit requires the review and approval of the 9 of 10
184	184	154board pursuant to subsection 7, the board shall immediately notify the building inspector and the
185	185	155landowner in writing.
186	186	156 (b) Within 35 days of the receipt of the application for ridgeline and hillside protection
187	187	157review from a landowner, the board shall review the application and return its recommendations
188	188	158in writing to the building inspector. If the application for ridgeline and hillside protection review
189	189	159is associated with an application for a variance, special permit, or subdivision review, the board
190	190	160shall immediately transmit their recommendations to the planning board or zoning board of
191	191	161appeals as appropriate. If the board does not submit its recommendations within 35 days, such
192	192	162failure to act shall constitute approval of the application.
193	193	163 (c) Applications for ridgeline and hillside protection district review of proposed
194	194	164development in the district must be accompanied by the following:
195	195	165 (i) Plot Plan;
196	196	166 (ii) Photographs of the development site taken from points along the street, together with
197	197	167a map indicating the distance between these points and the site; and
198	198	168 (iii) Placement, height and physical characteristics of all existing and proposed buildings
199	199	169and structures located on the development site.
200	200	170 (d) After review of an application the board may:
201	201	171 (i) determine that the proposed work constitutes a suitable development or construction
202	202	172project entirely in compliance with the criteria set forth in section 8;
203	203	173 (ii) approve the work, subject to conditions, modifications, and restrictions as the board
204	204	174may deem necessary; 10 of 10
205	205	175 (iii) determine that the work, as a whole, is not permitted under the chapter or is
206	206	176otherwise wholly inconsistent with the terms of section 8.
207	207	177 (e) A landowner aggrieved by a decision of the board may appeal to the zoning board of
208	208	178appeals. If the zoning board of appeals finds that a literal enforcement of the provisions of this
209	209	179chapter would involve substantial hardship, financial or otherwise, to the landowner, and that
210	210	180desirable relief may be granted without substantial detriment to the public good and without
211	211	181nullifying or substantially derogating from the intent or purpose of this chapter, it may exempt a
212	212	182landowner from the provisions of this chapter. The board of appeals may adopt rules to
213	213	183implement this subsection.
214	214	184 Section 10. The board may adopt rules, not inconsistent with the provisions of this
215	215	185chapter, for the conduct of its business and for the purposes of this chapter. Any such rules shall
216	216	186be filed with the city or town clerk.
217	217	187 SECTION 2. This act shall not apply to any work or project completed prior to the
218	218	188effective date of this act.