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:
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"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.
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"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.
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"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.
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"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.
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"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.
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"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.
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"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."
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B.
Attention is directed also to the National Environmental
Policy Act of 1969, Public Law 91-190.
