Town of Agawam, MA
Hampden County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Under the authority vested in the Planning Board of the Town of Agawam by MGL c. 41, § 81-Q, the Board hereby adopts these rules and regulations governing the subdivision of land in the Town of Agawam. Such rules and regulations shall be effective on and after the first day of June 1954. This authority shall be interpreted according to the directive of MGL c. 30, § 61 and 62.
A. 
Section 2 of Chapter 30 of the Massachusetts General Laws is hereby amended by inserting after § 60 the following two sections:
  "Section 61. All agencies, departments, boards, commissions and authorities of the commonwealth shall review, evaluate and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to minimize damage to the environment. Unless a clear contrary intent is manifested, all statutes shall be interpreted and administered so as to minimize and prevent damage to the environment. Any determination made by an agency of the commonwealth shall include a finding describing the environmental impact, if any, of the project and a finding that all feasible measures have been taken to avoid or minimize said impact.
  "As used in this section and Section 62, damage to the environment' shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth and shall include but not be limited to air pollution; water pollution; improper sewage disposal; pesticide pollution; excessive noise; improper operation of dumping grounds; impairment and eutrophication of rivers, streams, floodplains, lakes, ponds or other surface or subsurface water resources; and destruction of seashores, dunes, marine resources, wetlands, open spaces, natural areas, parks or historic districts or sites. Damage to the environment shall not be construed to include any insignificant damage to or impairment of such resources.
  "Section 62. No agency, department, board, commission or authority of the commonwealth or any authority of any political subdivision thereof shall commence any work, project or activity which may cause damage to the environment until 60 days after it has published a final environmental impact report in accordance with the provision of this section or until 60 days after a public hearing on said report, provided that research, planning, design and other preliminary work necessary to describe and evaluate such project for the purposes of this section may be undertaken.
  "An environmental impact report shall contain detailed statements describing the nature and extent of the proposed work and its environmental impact; all measures being utilized to minimize environmental damage; any adverse short-term and long-term environmental consequences which cannot be avoided should this work be performed; and alternatives to the proposed action and their environmental consequences. The preparation of said report shall be commenced during the initial planning and design phase of any work, project or activity subject to this section, and the report shall be so prepared and disseminated as to inform the originating agency, reviewing agencies, the appropriate regional planning commission, the Attorney General and the public of the environmental consequences of state actions and the alternatives thereto prior to any commitment of state funds and prior to the commencement of the work, project or activity. All reviewing agencies and any state agency, department, board, commission, division or authority which has jurisdiction by law or special expertise with respect to any environmental impact involved shall affix their written comments to the final impact report. In order to ensure an interdisciplinary review, the Secretary of Environmental Affairs shall, in conjunction with any agency involved, jointly approve the selection of any consultant engaged to prepare the draft or final impact report.
  "The secretaries of the executive officer shall each promulgate rules and regulations approved by the Secretary of Environmental Affairs to carry out the purposes of this section which shall be applicable to all agencies, departments, boards, commissions, authorities or instrumentalities within each of such executive offices and which shall conform to the requirements of the National Environmental Policy Act, Public Law 81-190, and amendments thereto. Any draft report, final report and all written comments required by said regulations shall be public documents. Said reports shall be submitted to the Secretary of Environmental Affairs, who shall issue a written statement indicating whether or not in his judgment said reports adequately and properly comply with the provisions of this section.
  "For the purposes of carrying out the provisions of this section, funds made available for the purpose of design of or planning or performing said work, project or activity shall be available and may be expended for the research, preparation and publication of the reports required by this section and expenses incidental thereto, and said funds may be transferred or otherwise may be made available to other state departments and resource agencies designated by the Secretary of Environmental Affairs for the purpose of meeting the expenses incurred in evaluating the draft or final impact report.
  "Section 3. Section 61 of Chapter 30 of the Massachusetts General Laws, inserted by Section 2 of this Act, shall take effect on December 31, 1972, and Section 62 of said Chapter 30, inserted by said Section 2, shall take effect on July 1, 1973."
B. 
Attention is directed also to the National Environmental Policy Act of 1969, Public Law 91-190.