[Amended 11-17-2014 ATM
by Art. 18]
Any person filing a permit application or a request for determination
with the commission shall at the same time provide a copy thereof,
by certified mail or hand delivery, to the Town Manager's Office,
Board of Selectmen, Planning Board and other local departments and
boards as deemed necessary by the Commission. The applicant shall
have the burden of satisfying the Commission that copies were mailed
or delivered. The Commission shall not take final action until such
boards and officials have had 14 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. The applicant shall have the right receive any
such comments and recommendations, and to respond to them at a hearing
of the Commission prior to final action.
After public notice and public hearing, the Commission may promulgate
rules and regulations to effectuate the purposes of this by-law. Failure
by the Commission to promulgate such rules and regulations or a legal
declaration of their invalidity by a court of law shall not act to
suspend or invalidate the effect of this by-law.
As part of a permit issued under this by-law, in addition to
any security required by another municipal or state board, agency
or official, the Commission may require that the performance and observance
of the conditions imposed hereunder be secured wholly or in part by
a proper bond or deposit of money or negotiable securities or the
undertaking of financial responsibility sufficient in the opinion
of the Commission, to be released in whole or in part upon issuance
of a certificate of Compliance for work performed pursuant to the
permit.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the application will not have unacceptable adverse or cumulative
effect on the resource areas protected by this by-law. Failure to
provide adequate evidence to the Commission supporting this burden
shall be sufficient cause for the Commission to deny a permit or grant
a permit with conditions.
A decision of the Commission shall be reviewable in the Superior
Court in an action filed within 60 days thereof, in accordance with
G.L. c.249, § 4.
This by-law is adopted under the Home Rule Amendment of the
Massachusetts Constitution and Home Rule statutes, independent of
the Wetland Protection Act, G.L. c.131, § 40, or as it may
be amended from time to time, and regulations thereunder.
The invalidity of any section or provision of this by-law shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit or determination which previously has been issued.