Flood Plain District would tighten oversight in Whately

April 5, 2022 | Doc Pruyne
dpruyne@thereminder.com

WHATELY – Planning Board member Judy Markland opened a hearing on the town’s proposed Floodplain Overlay Zoning District bylaw by quoting Conway’s description of updating its bylaw.

“They describe it as tightening up their floodplain regulations,” Markland said, “and I think that’s a good description.”

Markland said the increased likelihood of flooding, due to climate change, and the greater risk of property loss. Protecting property is a primary reason for having a zoning overlay district, as is safeguarding the environment. Homeowners, however, may see the continued access to the National Flood Insurance Program (NFIP) as the most important justification for updating the special zoning district.

“Passage of something like this is required for eligibility in that program,” Markland said.
Markland explained the overlay district means it is a separate layer of zoning, unaffected on a specific property by other zoning regulations. The overlay district is defined by the current Floodplain Insurance Rate Map at 1 percent, which means once-in-a-century flood levels. The boundaries may change, and change is likely soon, since the current map was drawn in 1979.

Development, a defined activity, will have a new meaning. Development that triggers a required review will include siting a new structure, landscaping and paving, fencing and storage of equipment or materials.

“There are new procedures for new activities,” Markland said. “That’s the gist of what I have for you today.”

The new requirements include a new position in town government: flood plain administer. Markland said that Hannah Davis, the current community development specialist for the town, will take on the responsibilities of the administrator, which will include reporting to the state and involvement in the review process. Davis will oversee reviews for development projects and changes of use in the floodplain district.

Margaret Christie enquired whether plastic hoop houses would trigger a zoning review. Markland wasn’t all that certain. Sarah Cooper volunteered that anything that will raise the water level would call for a review.

“Typically, a regular size hoop house,” said Cooper, “isn’t a structure substantial enough to ‘impede’ a floodplain.”

Christie also asked if someone filled in the ruts on their driveway with gravel, would that trigger a zoning review? Discussion clarified that fine distinctions are under the town’s purview, which includes the storage of materials, fencing and other alterations landowners in the past may not have considered in terms of zoning.

Cooper offered the example of a privacy fence across a stream. That would trigger a review because flood waters may be diverted onto a neighbor’s property. Development that affects abutters will trigger a review.

“I’m also curious about short-term storage of equipment,” Christie said. “If you leave equipment out in the field overnight … or a month or two, does that count?”

Residents raised several significant questions. How would sewer and water line installations be handled? If replacing septic systems is an issue why doesn’t the town build a waste water treatment plant?
Scott Jackson, chair of the Conservation Commission, asked if the bylaw would precipitate further town regulations. He said his committee usually has to pass additional regulations. He admitted he was still uncertain whether towns can be more restrictive in regulating agriculture than the commonwealth.
Joyce Palmer-Fortune, Selectboard member, and other residents asked after the procedures involved in a review. Two further approvals will be required. An ‘Other Development Activity’ approval of the Conservation Commission will follow on the issuance of a building permit. Approval of the flood plain administrator will also be required as a final step.

Joy Duperault, an official of the Department of Conservation and Recreation, emphasized the defined developments are minimum standards.

“In your bylaw, you’re looking at tonight,” she said, “these are minimum NFIP regulations that you have to adopt at the local level to remain in the NFIP,” Duperault said.

Resident Fred Orloski asked if the bodies of water along Route 91 weren’t included. Markland said that Federal Emergency Management Agency (FEMA) maps are used to locate the 1 percent floodplain. Discussion continued for more than an hour. Brant Cheikes, a member of the Planning Board, summarized the salient point that without tighter regulation of the overlay district, a feature of the proposed overlay district, some homeowners may not be eligible for federal flood insurance.

“That’s 90 percent of it, Mr. Cheikes,” Duperault said. “If you don’t have a compliant bylaw, then FEMA will essentially throw you out of the program, which means the policy holders you have will not be able to renew when their policies come due.”

Annual Town Meeting will be hosted on May 7 and will include a vote to adopt the Flood Plain Overlay District update.

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