A.
Two original copies of Massachusetts WPA Form 1 Request for Determination of Applicability (RDA), WPA Form 3 Notice of Intent (NOI) or WPA Form 4 Abbreviated notice of intent, or WPA Form 4A Abbreviated Notice of a Resource Area Delineation (ANRAD) with accompanying plans and pertinent data as detailed in Article IV Plans.
B.
Two original copies of Harvard Forms A, B, C (if necessary), D, E
and F.[1]
[1]
Editor's Note: Said forms are included as attachments to this chapter.
C.
The state-mandated filing fee, if applicable, plus additional Harvard
filing fees (Form F[2]), and a check payable to the Registry of Deeds for the
appropriate sum to record the Order shall be presented with the application.
[2]
Editor's Note: Said form is included as an attachment to this chapter.
D.
The Petitioner shall provide eight copies of the narrative and the
accompanying plans, one for each of the Commission members.
E.
All copies shall be double sided when possible.
F.
The Petitioner shall provide signed Form D[3] granting the Harvard Conservation Commission or its consultants
access to the project site under consideration for permit at any time
from receipt of application through the issuance of a certificate
of compliance.
[3]
Editor's Note: Said form is included as an attachment to this chapter.
G.
The submission must be made by certified mail addressed to 13 Ayer
Road, Harvard, MA 01451, or delivered by hand to the Commission's
agent. The application date will be recorded as the date when the
agent receives the application.
H.
Applications must be received by 12:00 noon on the Thursday, two
weeks prior to the Thursday meeting of the Commission at which the
application will be heard.
I.
Two complete copies shall be submitted to the Department of Environmental
Protection, 8 New Bond Street, Worcester, MA 01606. The submission
must be made by certified mail or delivered by hand with proof of
delivery.
A.
The petitioner shall provide a certified list of abutters within
300 feet of the project location to whom notification of intent to
file has been sent.
B.
The notice to abutters shall be on Form B.[1] The petitioner(s) shall provide copies of the signed receipts
from abutters or certificate of mailing, as proof of notification
no later than the date of the public hearing.
[1]
Editor's Note: Said form is included as an attachment to this chapter.
The Petitioner shall, if permits from other Town boards are required for the project, file simultaneously with those boards (unless such applications were filed prior to filing with the Commission). Any information or plans communicated to those boards shall also be sent to the Commission by the Petitioner. The Commission may also require the petitioner to submit complete copies of the application and all of its accompanying data to the Fire Department or the Bare Hill Watershed Management Committee. Should the petitioner fail to submit copies to any board, department or committee required by the Commission, the application may be treated as an incomplete application under § 147-11 below.
In a Riverine situation, in addition to the requirements of § 147-6, the Conservation Commission shall notify the following of any proposed alteration or relocation of a watercourse:
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Adjacent Communities
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NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
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NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
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A.
If, after receiving an application, the Commission determines that
in order to review that application or request it requires technical
advice unavailable from municipal employees, it may employ outside
consultants pursuant to M.G.L. c. 44, § 53G. The Commission
may, by majority vote, require that the applicant pay a reasonable
fee for the employment of outside consultants. Whenever possible,
it shall work cooperatively with the applicant to identify appropriate
consultants. The outside consultant may be employed to review the
application or request, to make recommendations to the Commission
regarding any changes s/he would suggest to better effectuate the
interests of this chapter.
B.
A review fee may be imposed only if:
(1)
The work of the consultant consists of review of studies and/or plans
prepared on behalf of the applicant or independent studies on behalf
of the Commission, recommended changes to any such study, and/or recommendations
as to any changes to the plans;
(2)
The work is in connection with the applicant's specific project;
and
(3)
All written results and reports are made part of the record before
the Commission.
C.
A review fee may be imposed only after the Commission has complied
with the applicable provisions of the Uniform Procurement Act, M.G.L.
c. 30B, §§ 1 through 19, except for professional services
which are exempt from the competitive procurement requirements of
said M.G.L. c. 30B.
D.
All fees assessed pursuant to this subsection shall be reasonable
considering:
(1)
The complexity of the proposed project as a whole;
(2)
The complexity of particular technical issues;
(3)
The area or resource areas subject to protection to be affected;
(4)
The size and character of the site;
(5)
The projected construction costs; and
(6)
Fees charged by similar consultants in the area.
E.
Any invitation for bids or request for proposals shall indicate that
award of the contract is contingent upon payment of a consultant review
fee by the applicant. If the applicant fails to pay the review fee
within 10 days of receiving written notification of selection of a
bidder or offeror, the Commission may deny the application or request.
F.
Prior to paying the consultant review fee, the applicant may appeal
the selection of the consultant to the Select Board.
(1)
The grounds for such an appeal shall be limited to claims that the
consultant selected has a conflict of interest or does not possess
the minimum, required qualifications.
(2)
The minimum qualifications shall consist either of an educational
degree in or related to the field at issue or three or more years
of practice in the field at issue or a related field.
(3)
The required time limits for action upon the application or request
by the Commission shall be extended by the duration of the appeal.
In the event that no decision is made by the Select Board within 30
days following the filing of the appeal, the selection made by the
Commission shall stand.
G.
Each consultant review fee shall be deposited in a special account
established by the Town Treasurer pursuant to M.G.L. c. 44, § 53G:
(1)
Funds from the special account may be expended only for the purposes described in § 147-10B, above, and in compliance with the Uniform Procurement Act, M.G.L. c. 30B, §§ 1 through 19, if applicable.
(2)
Within 30 days of the issuance of the certificate of compliance or
of such time as the applicant formally withdraws the proposal, the
applicant shall receive a final report of funds in the special account
and shall be paid any unspent excess in the account, including accrued
interest.
(3)
The Town Accountant shall submit annually a report of the special
account to the Select Board and the Town Administrator for their review.
This report shall be published in the Annual Town Report.
An application must include, at a minimum, on a properly executed WPA Form, the items required under § 147-6, properly executed Harvard Forms A, B, C (if necessary), D, E and F,[1] and a certified list of abutters and the necessary information detailed under Article IV. If the Commission determines that an application is incomplete or improper it shall notify the applicant within 21 days of the date of receipt. The Commission may, at its discretion:
A.
Return the entire application, in which case all the required time
periods for processing the application will become invalid.
B.
Require that additional information or materials be submitted within
a specified period of time, which shall be no later than the date
of the scheduled public hearing.
C.
Continue the public hearing at the applicant's expense, for a period
to be determined by the Commission.
[1]
Editor's Note: Said forms are included as attachments to this chapter.
