Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Conservation Commission of the Town of Barnstable 3-31-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 237.
[1]
Editor's Note: This regulation superseded former Ch. 706, Abutter Notification, adopted 8-24-2004, as amended.

§ 706-1 Request for determination of applicability (RDA), notice of intent (NOI) and amended order (AO).

A. 
When: at the same time as filing the application, once a docket date and time have been assigned by the Conservation office.
B. 
To:
(1) 
NOI and AO: property owners within 100 feet of the perimeter of the subject parcel upon which work is proposed.
(2) 
RDA: property owners actually touching on the subject parcel upon which work is proposed.
C. 
How: by certified mail, return receipt requested. Reminder: show green cards at hearing, but applicant will retain them afterward.
D. 
Form: Use the Conservation office's standard templates for your notification letters. We suggest using the Town GIS office for assistance in producing abutter maps, lists and labels.
E. 
Notice: The Commission may exercise its discretion to require renotification of abutters for certain continued hearings.
F. 
State/local requirements:
(1) 
MGL c. 131, § 40: "Any person filing a notice of intention with a conservation commission shall at the same time give written notification thereof, by delivery in hand or certified mail, return receipt requested, to all abutters."
(2) 
310 CMR 10.05(4)(a): "The applicant shall provide written notification to all abutters required to be notified by hand delivery or certified mail, return receipt requested . . . Mailing at least seven [business] days prior to the public hearing shall constitute timely notice."
(3) 
Town of Barnstable Code § 237-5A: "Any person filing an application or a request for determination with the Commission shall give written notice thereof, within 14 days of the public hearing, by certified mail or hand delivery, to all abutters in accordance with the regulations of the Commission."