Any person who desires to know whether the bylaw applies to
any land or work to be performed thereon must submit a written request
for determination (RDA) to the Lunenburg Conservation Commission.
The request shall be sent by certified mail or hand delivered and
shall be in the form required under MGL c. 131, § 40 and
310 CMR 10, and shall include such additional information as the Commission
may require to aid in the evaluation. If the person making the request
is not the owner, certification that the owner has been notified must
be included. Each RDA filing shall be accompanied by a Lunenburg RDA
permit filing fee of $25 for the first five acres in the request,
and an additional $25 for each additional five acres or part thereof,
in addition to those required by the Wetlands Protection Act, MGL
c. 131, § 40, and regulations, 310 CMR 10. Permit fees are
payable at the time of application and are nonrefundable.
A. Public hearing.
(1)
Within 21 business days of receipt of the complete request,
the Commission shall hold a hearing to consider the application filed
under the bylaw. Notice of the time and place of the public hearing
shall be given by the Commission at the expense of the person making
the request not less than five days prior to such meeting by publication
in a newspaper of general circulation in Lunenburg. The applicant
shall be responsible to notify all abutters.
(2)
Within 21 business days of closing the hearing, the Commission
will make its determination. Said determination shall be signed by
a majority of the Commission, and copies thereof shall be sent by
the Commission to the person making the request and to the property
owner. Said determination shall be valid for three years from the
date of issuance.
B. Appeals. The decision of the Commission may be appealed according to the provisions of MGL c. 249, §
4.