Warrant Article Title:
BYLAW AMENDMENT/ROCK REMOVAL REQUIREMENTS

Warrant Article Text:
To see if the Town will vote to amend Title VI of the Town Bylaws to add a new provision to require rock excavation in residential or commercial development be conducted by blasting rather than chipping, digging, or other means of mechanical excavation consistent with the requirements of state law wherever such means of excavation is determined safe and feasible, and to further set forth the scope of applicability, terms, and conditions of such requirements; or take any action related thereto.

Requested by:
(Inserted at the request of the Town Manager)

Report Excerpt:

The Select Board recommends positive action on placing an additional requirement on the development of rock-removal-intensive lots in Arlington in the interests of ensuring consideration of alternatives to highly disruptive, lengthy, extensive rock chipping projects in Arlington, which often pose to abutters and neighborhoods. In short, the proposed bylaw would not require excavation by “blasting.” It would however require that developers conduct an analysis of the feasibility of blasting, including engaging abutters within 250 feet before commencing an excavation of a magnitude of 50 or more cubic yards consistent with State Fire Safety standards. Projects of that scope have been 6 the subject of increasing concern and complaints in recent years as rock-chipping and other mechanical means of excavation carry on for weeks or in extreme cases, months.

 

It is important to note that “blasting” is already permitted by State law and should be conducted pursuant to extensive regulations, established in 527 CMR 1.00, summarized by a pamphlet from the State provided in the appendix to this report. The proposal before Town Meeting does not change anything about blasting requirements. In discussing this matter at hearing, some residents expressed concerns with blasting projects in their neighborhoods and reported that they were unaware of some of their rights. Such matters are outside the scope of this article, but this proposal provided opportunity for Town staff to examine those concerns and determine whether additional tools are available to persons with site specific issues under the Town or State’s present rules and regulations.

Vote Language:

That Title VI of the Town Bylaws “Building Regulations” be and hereby is amended to add a new Article 10 “Rock Excavation Requirements” as follows:

 

Article 10 “Rock Excavation Requirements”

 

A. Intent and Purpose

 

The purpose of this bylaw is to protect the public health from the noise, air quality, debris, and other potential adverse impacts caused by lengthy rock excavations conducted by chipping, digging, and other means of mechanical excavation in Arlington by requiring building permit seekers to determine the safety, feasibility, and cost-effectiveness of blasting-aided rock excavation prior an open foundation excavation.

 

B. Definitions

 

“Open foundation excavation” shall be defined as an open and exposed excavation for the purposes of constructing or expanding a residential building foundation. Satisfaction of open foundation excavation requirements of this Article shall not be construed to satisfy any additional requirements set forth in Title V Article 3 of the Town Bylaws.

 

“Excavation,” an operation for the purpose of movement or removal of earth, rock or the materials below ground including, but not limited to, digging, blasting, auguring, backfilling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling in, jacking in, trenching, tunneling and demolition of structures, excluding excavation by tools manipulated only by human power for gardening purposes and use of blasting for quarrying purposes.

 

“Rock,” shall be defined as any naturally cemented or consolidated earth materials exposed on the earth's surface or underlying unconsolidated earth 5 materials such as bedrock or a glacial rock mass, which cannot be removed without mechanical means. Examples include, but are not limited to igneous rock formations such as granite or sedimentary limestone formations that require mechanical drilling, chipping, or blasting to fragment, carve, dislodge or otherwise remove. 

 

C. Applicability

 

The requirements of this bylaw shall apply to any open foundation excavation of more than 50 cubic yards of rock. 

 

D. Pre-Excavation Requirements

 

1. Prior to commencing any rock excavation as defined in this bylaw, applicants for an excavation permit or building permit shall be required to conduct a “Pre-blast Inspection Survey” as set forth in the Massachusetts Comprehensive Fire Safety Code at 527 CMR 65.9.15. 

 

2. An applicant for a building permit requiring rock excavation under this bylaw shall provide the Building Inspector with a copy of the pre-blast inspection survey.

 

3. In addition to the purposes of a pre-blast inspection survey outlined in the Fire Safety Code, a pre-blast inspection survey shall inform the applicant and the Building Inspector of the feasibility of blasting as an alternative means of rock excavation compared to mechanical means of excavation.

 

E. Penalties

 

Failure to comply with any section of this bylaw shall result in a fine of up to $300.00 per day.

 

F. Permitting

 

Pursuant to the authority conferred under c. 40, § 21 (17), the Building Inspector may withhold a building permit until an applicant has complied with the requirements of this bylaw.

 

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