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SECTION VII.G. Streams and Ponds Protection
(Added May 5, 1990)
The following minimum-distance setback requirements shall apply to any new construction, installation, or development as described herein:
1. No on-lot subsurface sewage effluent leaching system such as a cesspool, drywell, leaching field or a drainage system for the waste water from showers, sinks, etc. shall be installed or contracted within 150 feet of the mean high-water line of the bodies of water indicated on a map entitled “Monterey Streams and Ponds” prepared by the Berkshire County Regional Planning Commission for the Monterey Planning Board in March 1990. Said map indicates all major streams and ponds within Monterey and, in addition, delineates the water sheds draining into Lake Buel and Lake Garfield, within which watersheds all streams, as defined by the Massachusetts Wetland Protection Act (MGL Ch 131, Sec 40), whether indicated on the map or not, are subject to the provisions of this bylaw. Said map is to be
adopted as part of the Zoning Bylaw and will be permanently on file at the Town Office.
In the Case of a lot duly recorded prior to October 19, 1990, the Board of Health may authorize construction or installation of such disposal system at a reduced distance but not below the minimum set in the State Environmental Code, Title V, if the Board determines the compliance with the requirements of this section would cause unreasonable difficulty.
2. No dwelling, parking area larger than 600 square feet, or impervious-surfaced parking or recreational area larger than 300 square feet shall be constructed within 75 feet of the mean high-water line of any natural or man-made water bodies described herein under item 1) above, except under a Special Permit from the Board of Appeals, if the Board finds that compliance with the requirements of this section would cause unreasonable difficulty.
Monterey Zoning Bylaws 2006 Edition. Not an official copy. Please contact the Town Clerk’s office for an official copy.
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