A.
Applicants filing a request for determination of applicability (DOA)
under the bylaw shall use the latest form bearing the same title provided
for use with the WPA and regulations (310 CMR 10.00) and currently
known as "Form 1." In addition, they shall file simultaneously with
these forms an application for conservation permit (ACP) with the
Commission. If requesting a waiver, a request for waiver form shall
also be filed.
B.
Applicants filing a permit application under the bylaw for an order
of conditions (OOC), order of resource area delineation (ORAD) or
an amendment to an existing OOC shall use the latest form entitled
"Notice of Intent" (NOI) or "Abbreviated Notice of Intent" or "Abbreviated
Notice of Resource Area Delineation" as provided for use with the
WPA and regulations (310 CMR 10.00) and currently known as "Form 3,"
"Form 4" and "Form 4A" respectively. In addition, they shall file
an ACP with the Commission. If requesting a waiver, a request for
waiver form shall also be filed.
C.
Requests for extensions to an OOC shall be written in compliance
with the WPA and bylaw regulations. Requests for a certificate of
compliance (COC) shall use the latest form entitled "Request for Certificate
of Compliance" as provided for use with the WPA and regulations (310
CMR 10.00) and currently known as "Form 8A."
D.
Application forms can be obtained from the Commission office, Room
205 in the Town Hall at 116 Main Street, South Hadley, MA 01075, or
online from the DEP's website for the state forms and the Town
of South Hadley website for the Town forms.
A.
The date of filing of the application shall be the date when all
required information, fees and notices have been received and deemed
complete by the DEP and Commission. All time periods set forth under
the bylaw shall commence from this date.
B.
The Commission will schedule a public hearing on a notice of intent
(NOI) or abbreviated notice of resource area delineation (ANRAD) within
three weeks of acceptance of the permit application and issuance of
a file number by DEP. The Commission will schedule a public meeting
within three weeks of acceptance of a request for a determination
of applicability (DOA).
C.
All documentation to be considered as a part of a request for DOA,
request for amendment to an OOC, or request for a COC must be submitted
to the Commission no later than 10 business days prior to the scheduled
public meeting date. If additional information is requested as part
of a continuance of a public meeting or hearing, the applicant must
submit said information no later than five business days prior to
the continued public meeting or hearing. This is the minimum time
needed to allow the Commission and staff to properly review, analyze,
and check the information provided. Documentation submitted with fewer
than the minimum business days for review may be excluded from consideration
at the scheduled meeting or hearing and held for discussion at a subsequently
scheduled meeting.
A.
Plans and information shall be submitted that completely and accurately
describe the proposed activity and its effect on the resource areas
and values protected by the bylaw.
B.
Each plan, drawing, sketch or set of calculations shall be titled,
dated and signed by the person responsible for its preparation. Plans
or information involving the practice of professional engineering
or surveying must be stamped and signed by the appropriate design
professional, who must be registered in the Commonwealth of Massachusetts.
C.
Appendix B provides a detailed checklist of information that is required
by the Commission to deem a filing complete.[1] The Commission may waive any of the submission requirements
if it determines that such information is not necessary for an informed
decision on the application.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
Any person requesting a determination or making written application
to perform work or certify resource boundaries regulated by the bylaw
shall at the same time give written notice thereof, by mailing by
certified mail with return receipt requested, certified mailing list,
or by hand delivery, to all abutters within 100 feet of the property
under consideration, according to the most recent records of the Board
of Assessors, including those across a traveled way, or across a body
of water if less than 100 feet across. The abutter notice shall include
a copy of the permit application or request, with plans, or shall
state where copies may be examined. If the person filing a request
for determination of applicability or other application is not the
owner of the area subject to the request or application, the applicant
shall also give written notice of the request or application with
hearing date and time to the owner of the parcel. The person providing
such notices to abutters or property owners by hand delivery shall
file an affidavit affirming that notification was done, with a copy
of the notice, with the Commission. Evidence of proper notification
shall be given to the Conservation Commission before or by the commencement
of the public hearing. Failure to do so may require postponement of
the meeting or hearing until the information is received.
