Berkley, MA 02779
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Article 23 is in Red
SECTION 7. PERFORMANCE SPECIFICATIONS
( add subsection I )
I. No excavation/removal/processing of consolidated and unconsolidated soil will be allowed below the mean annual high groundwater elevation. The natural mean annual high groundwater shall be established by a licensed/certified Massachusetts Soil Evaluator and the elevation shall be noted on a monument placed on the property, and shown on the topographic and/or site plan for the property. The soil evaluation conducted to determine the mean annual high groundwater elevation shall be witnessed by the municipal regulatory authority or its authorized agent. The exemptions for the excavation/removal of soil shall be for properly permitted residential, general business, municipal construction, septic, drinking and environmental/geophysical monitoring wells, road and cranberry bogs or other similar agricultural uses.
SECTION 9. REASONS FOR DENIAL
(add subsection D)
No permit shall be issued if any of the following conditions exist and cannot be rectified through the use of reasonable conditions as provided by Section 8 to the satisfaction of the Soil Conservation Board:
A. Any vehicular traffic of a type or quantity so as to adversely affect the immediate neighborhood.
B. Any conditions dangerous to premises and residents in the neighborhood through fire, explosion, emission of wastes or other causes.
C. Any creation of noise, vibration, dust, heat, smoke, fumes, odor, glare or other nuisances or serious hazards so as to adversely affect the immediate neighborhood.
D. Rock quarry and/or associated rock processing operations.
Berkley, MA 02779
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