A.
Where the bylaw states that a particular action (except receipt of
a request or notice) is to be taken by the Commission, that action
is to be taken by more than half the members present at the meeting
of at least a quorum. A quorum is defined as a majority of the members
then in office.
B.
Where the bylaw states that an order or notification shall be signed
by a majority of the Commission, that action is to be taken by a majority
of the members then in office, who need not convene as a body in order
to sign, provided they met pursuant to the Open Meeting Law, MGL c.
30A, §§ 18 through 25, when voting on the matter.
C.
Where the bylaw states that the Conservation Commission is to receive
a request or notice, "Conservation Commission" means a member of the
Commission or an individual designated by the Commission to receive
such request or notice.
A.
In order to ensure adequate and proper review by the Commission,
staff and the public, all permit application documentation, including
forms, narrative descriptions, plans, maps, tables, charts, reports,
etc., for a request for determination of applicability (RDA) or a
notice of intent (NOI), must be submitted to the Conservation Commission
no later than 10 business days prior to the scheduled public hearing,
or its continuation. Late submission of material will be interpreted
as a request for continuation. The submission shall include sufficient
information to enable the Commission to find and view the area and
to determine whether the proposed work will alter an area subject
to protection under the bylaw. Photographs are appreciated. As much
documentation as possible, particularly maps in PDF format, should
also be submitted electronically unless the applicant or its representative
does not have that ability.
B.
Plan maps must be included for all submissions and show:
(1)
All wetland resources within 100 feet of the activity.
(2)
All buffer zone boundary lines (one-hundred-foot buffer, fifty-foot
no-build, thirty-foot no-touch).
(3)
Lot number, street number, street, Tax Assessor's map, block
and parcel/lot numbers.
(4)
Erosion/Sedimentation control measures and edge of disturbance,
if different.
(5)
Area of disturbance in buffer zone drawn on map and stated as
square feet or acres.
(6)
Individual tree removal within the buffer zone for single-family
lots. For developments, show the tree overstory line prior to and
upon completion of construction, with a notation of the approximate
number of trees to be removed.
(7)
Location of well and septic system, with reserve area.
(8)
Location of stockpiled materials, if any.
(9)
Property boundaries, rights-of-way, easements, restrictions.
C.
Plans, drawings, sketches and calculations shall be dated and signed
by the person(s) responsible for their preparation. Plans and drawings
involving the practice of surveying or engineering shall be stamped
and signed by the appropriate design professional, who shall be registered
in the Commonwealth of Massachusetts.
D.
All changes made to a notice of intent, request for determination
of applicability and/or abbreviated notice of resource area delineation
applications, whether initiated by the applicant or requested by the
Conservation Commission, shall be submitted to the Conservation Commission
no later than seven calendar days prior to the next scheduled hearing.
Late submission of material will be interpreted as a request for continuation.
Any person who desires to know whether the bylaw applies to
any land or work to be performed thereon must submit a written request
for determination (RDA) to the Lunenburg Conservation Commission.
The request shall be sent by certified mail or hand delivered and
shall be in the form required under MGL c. 131, § 40 and
310 CMR 10, and shall include such additional information as the Commission
may require to aid in the evaluation. If the person making the request
is not the owner, certification that the owner has been notified must
be included. Each RDA filing shall be accompanied by a Lunenburg RDA
permit filing fee of $25 for the first five acres in the request,
and an additional $25 for each additional five acres or part thereof,
in addition to those required by the Wetlands Protection Act, MGL
c. 131, § 40, and regulations, 310 CMR 10. Permit fees are
payable at the time of application and are nonrefundable.
A.
Public hearing.
(1)
Within 21 business days of receipt of the complete request,
the Commission shall hold a hearing to consider the application filed
under the bylaw. Notice of the time and place of the public hearing
shall be given by the Commission at the expense of the person making
the request not less than five days prior to such meeting by publication
in a newspaper of general circulation in Lunenburg. The applicant
shall be responsible to notify all abutters.
(2)
Within 21 business days of closing the hearing, the Commission
will make its determination. Said determination shall be signed by
a majority of the Commission, and copies thereof shall be sent by
the Commission to the person making the request and to the property
owner. Said determination shall be valid for three years from the
date of issuance.
B.
Appeals. The decision of the Commission may be appealed according
to the provisions of MGL c. 249, § 4.
A.
Filing.
(1)
Any person who proposes to do work that will remove, fill, dredge,
build upon, or alter any protected resource area shall submit to the
Commission a notice of intent (NOI), consisting of application materials
required for a notice of intent under MGL c. 131, § 40 and
310 CMR 10 and containing such additional materials as the Commission
may require to fully describe the proposed activity and its effect
on the environment.
(2)
The Commission may provide written notice of such applications
to any Town or other entities as the Commission deems appropriate.
If such notice is provided, the Commission shall not take final action
until those notified have had 14 business days from receipt of notice
to file written comments and recommendations with the Commission,
which the Commission shall take into account but which shall not be
binding on the Commission. Upon written request, the applicant shall
receive any comments and recommendations by the above entities and
may respond to the Commission in writing or at the hearing.
B.
Permit filing fees.
(1)
Each permit filing shall be accompanied by a Lunenburg permit
filing fee to be determined in accordance with a fee schedule established
by the Commission, as follows, and in addition to those required by
the Wetlands Protection Act, MGL c. 131, § 40, and regulations,
310 CMR 10. Permit fees are payable at the time of application and
are nonrefundable.
(2)
Town, county, state, and federal projects are exempt from the
filing fee.
(3)
There is a minimum fee of $25 for modifications, which may,
in the case of minor projects, be waived at the discretion of the
Commission.
(4)
Agricultural projects are exempt from filing fees.
|
Schedule of Permit Fees
| ||
|---|---|---|
|
Basic fees (nonenforcement order)
| ||
|
Basic single minor project - e.g., house addition or any other
accessory residential activity
|
$25 per project
| |
|
Extensions of residential structure
|
$100
| |
|
New residential structure
|
$125
| |
|
Subdivision - road and utilities permit (lots are separately
charged as new residential structure)
|
$250
| |
|
Drainage, detention, and retention basins, etc. (each)
|
$200
| |
|
Multiple-dwelling structure
|
$300
| |
|
Commercial, industrial and institutional project, major and
additions: any work within the protected resource area.
|
$0.003 per square foot of work
| |
C.
Insufficient notice of intent. If the notice of intent is deemed
by the Commission to be insufficient to fully describe the proposed
activity and its effect on the environment, the Commission may, at
its discretion:
(1)
Notify
the applicant by certified mail within 10 business days of receipt
of the NOI of the additional information that will be necessary to
render the NOI sufficiently complete for acceptance. The filing fee
shall be returned and the twenty-one-calendar-day review period shall
not begin until a complete application is submitted; or
(2)
Inform
the applicant at or prior to the public hearing of the additional
information required, and offer the applicant the opportunity to continue
the public hearing so that the additional information can be submitted
for review.
D.
Public hearing.
(1)
A public hearing shall be held by the Commission within 21 calendar
days of the receipt of said NOI. Notice of the time and place of said
hearing shall be given by the Commission at the expense of the applicant
not less than five business days prior to such hearing by publication
in a newspaper of general circulation in Lunenburg. The applicant
shall be responsible to notify all abutters by certified mail sent
not less than seven calendar days prior to the scheduled hearing.
Such notice will clearly identify the land on which the project is
proposed and describe the general nature of the project. Notice shall
include the date, place and time of said hearings and where the plans
may be reviewed. The Commission may close the hearing but continue
deliberations before making a determination.
E.
Determination; order of conditions.
(1)
Within 21 days of the close of the public hearing, or within
such further time as the Commission and the applicant shall agree
on, the Commission shall either:
(a)
Make a determination that the area on which the work is proposed
to be done, or which the proposed work will remove, fill, dredge,
build upon, or otherwise alter, is not significant to any of the interests
identified in the bylaw, and shall so notify the applicant; or
(b)
Make a determination that the area on which the work is proposed
to be done, or which the proposed work will remove, fill, dredge,
build upon, or otherwise alter, is probably significant to one or
more of the interests identified in the bylaw, and shall issue an
order of conditions for the protection of said interest(s).
(2)
The order of conditions shall impose such conditions as are necessary to meet the performance standards set forth in Article X, Performance Standards, of these regulations and such additional conditions as are necessary for the protection of the interests identified in the bylaw and MGL c. 131, § 40. The order shall prohibit any work or any portion thereof that cannot be conditioned to meet such standards.
(3)
The order may impose conditions on work outside protected resource
areas when, in the opinion of the Commission:
(a)
Such work will have a direct impact on a protected resource area
by virtue of changes in the characteristics of storm drainage discharged
to that area from the property; or
(b)
Such work is integrally connected with work to be undertaken within
a protected resource area and the only practical way to protect the
interests of the bylaw is to regulate the project as a whole.
(4)
When the Commission has determined that an activity outside
the areas subject to protection under the bylaw and outside the buffer
zone will in fact alter or has in fact altered an area subject to
protection under the bylaw, it shall impose such conditions on any
portion of the activity as are necessary to contribute to the protection
of the interests identified in the bylaw.
(5)
The Commission shall have the authority to deny any NOI application
for which:
(a)
The application is incomplete and the applicant fails to provide
the Commission with additional information that the Commission deems
necessary in order to evaluate the potential impacts of the proposed
project on the wetland values; and/or
(b)
The proposed work or activity does not meet the performance standards
specified herein and cannot be conditioned to meet the performance
standards specified herein.
(6)
The order shall be signed by a majority of the Conservation
Commission, which can be done at any time prior to the 21st day. The
order shall be valid for a period of three years; provided, however,
that the Commission may issue an order for a minimum of one year or
a maximum of five years where special circumstances warrant and where
those special circumstances are set forth in the order.
F.
Recording of order of conditions; notification of site work.
(1)
Prior to the commencement of any work permitted or required
by the order, the order shall be recorded in the Worcester North District
Registry of Deeds or Land Court within the chain of title of the affected
property. In the case of recorded land, the final order shall also
be noted in the Registry's Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the final order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. Certification of recording shall be promptly
sent to the Commission. If work is undertaken without the applicant
first recording the order, the issuing authority may revoke the order
of conditions, may issue an enforcement order or may itself record
the order of conditions at the owner's expense.
(2)
The Commission administrator must be notified in writing 48
hours prior to the commencement of any site work and erosion control
installation for the scheduling of inspection.
G.
Appeals. Any person aggrieved by the decision of the Commission,
whether or not previously a party to the proceeding, may appeal the
decision according to the provisions of MGL c. 249, § 4.
H.
Extensions.
(1)
The Commission may extend an order for up to three years. The
request for an extension shall be made to the Commission in writing
at least 30 days prior to expiration of the order.
(2)
The Commission may deny the request for an extension and require
the filing of a new notice of intent for the remaining work in the
following circumstances:
(a)
Where no work has begun on the project within a period of three
years from the date of issuance of the order, except where such failure
is due to unavoidable delays, such as appeals, in the obtaining of
other necessary permits;
(b)
Where new information, not available at the time the order was
issued, has become available and indicates that the order is not adequate
to protect the interests identified in the bylaw;
(c)
Where incomplete work is causing damage to the interests identified
in the bylaw;
(d)
Where work has been done in violation of the order or these
regulations; or
(e)
Where regulations have changed.
(3)
The extension permit shall be recorded in the Land Court or
the Registry of Deeds, whichever is appropriate, and certification
of recording shall be promptly sent to the Commission. If work is
undertaken without the applicant so recording the extension permit,
the Commission may issue an enforcement order or may itself record
the extension permit at the owner's expense.
I.
Certificates of compliance.
(1)
Upon written request by the applicant, the Commission shall
issue a certificate of compliance within 21 calendar days of receipt
thereof, provided that the activity or portions thereof described
in the notice of intent and accompanying plans have been completed
in compliance with the order. If a project has been completed in accordance
with plans stamped by a registered professional engineer, a written
statement by such a professional person certifying substantial compliance
with the plans and setting forth what deviations, if any, exist from
the plans approved in the order shall accompany the request for a
certificate of compliance.
(2)
Prior to the issuance of a certificate of compliance, a site
inspection shall be made by the Commission and/or its agent. If requested
by the applicant, the site inspection shall be performed in the presence
of the applicant or the applicant's agent.
(3)
If the Commission determines, after a review and inspection,
that the work has not been done in compliance with the order, it may
refuse to issue a certificate of compliance. Such refusal shall be
issued within 21 days of receipt of the request, shall be in writing,
and shall specify the reasons for denial.
(4)
If the final order contains conditions which continue past the
completion of the work, such as maintenance or monitoring, the certificate
of compliance shall specify which, if any, of such conditions shall
continue. The certificate shall also specify to what portions of the
work it applies to, if it does not apply to all the work regulated
by the order.
(5)
The certificate of compliance shall be recorded in the Land
Court or Registry of Deeds, whichever is appropriate. Certification
of recording shall be promptly sent to the Commission. Upon failure
of the applicant to so record, the Commission may do so at the applicant's
expense.
J.
Abbreviated notice of resource area delineation.
(1)
Any person requesting approval of a resource area delineation
shall submit to the Commission an abbreviated notice of resource area
delineation consisting of application materials required for an abbreviated
notice of resource area delineation under MGL c. 131, § 40
and 310 CMR 10.00 and containing such additional materials as the
Commission may require to fully describe the resource areas on site
and within 100 feet of the subject property. Each such notice shall
be accompanied by a filing fee to be determined in accordance with
a fee schedule established by the Commission.
(2)
A public hearing shall be held by the Commission within 21 days
of the receipt of said notice. Notice of the time and place of said
hearing shall be given by the Commission at the expense of the applicant
not less than five days prior to such hearing by publication in a
newspaper of general circulation in Lunenburg. The applicant shall
be responsible to notify all abutters by certified mail.
(3)
When considering an abbreviated notice of resource area delineation
during adverse weather conditions, it shall be left to the discretion
of the Conservation Commission and/or its agent as to whether field
conditions are conducive to an accurate verification of the resource
area delineation.
(4)
Within 21 days of closing the hearing, said determination shall
be signed by a majority of the Commission, and copies thereof shall
be sent by the Commission to the person making the request and to
the owner. Said determination shall be valid for three years from
the date of issuance.
(5)
The decision of the Commission may be appealed according to
the provisions of MGL c. 249, § 4.
