[Amended 5-9-2022 ATM by Art. 38]
Any person filing a permit application, RDA, or ANRAD with the
Conservation Commission shall provide a copy thereof at the same time,
by certified mail (return receipt requested) or hand delivery, to
the Select Board, Planning Board, Board of Appeals, Board of Health,
Agricultural Commission and Building Commissioner. A copy shall be
provided in the same manner to the commission of the adjoining municipality,
if the application or RDA pertains to property within 300 feet of
that municipality. An affidavit of the person providing notice, with
a copy of the notice mailed or delivered, shall be filed with the
Commission. The Commission shall not take final action until the above
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 to receive any
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 Conservation Commission
shall promulgate rules and regulations to effectuate the purposes
of this bylaw, effective when voted and filed with the Town Clerk.
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 bylaw. At a minimum,
these regulations shall reiterate the terms defined in this bylaw,
define additional terms not inconsistent with the bylaw, and impose
filing and consultant fees.
As part of a permit issued under this bylaw, in addition to
any security required by any other municipal or state board, agency,
or official, the Conservation Commission may require that the performance
and observance of the conditions imposed thereunder (including conditions
requiring mitigation work) be secured wholly or in part by one or
both of the methods described below:
A. By a proper bond, deposit of money or negotiable securities under
a written third-party escrow arrangement, or other undertaking of
financial responsibility sufficient, in the opinion of the Commission,
to be released in whole or in part upon issuance of a COC for work
performed pursuant to the permit.
B. By accepting a conservation restriction, easement, or other covenant
enforceable in a court of law, executed and duly recorded by the owner
of record, running with the land to the benefit of this municipality,
whereby the permit conditions shall be performed and observed before
any lot may be conveyed other than by mortgage deed. This method shall
be used only with the consent of the applicant.
The applicant for a permit shall have the burden of proving
by a preponderance of the credible evidence that the work proposed
in the permit application will not have unacceptable significant or
cumulative effect upon the resource area values protected by this
bylaw. Failure to provide adequate evidence to the Conservation 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 Conservation Commission shall be reviewable
in the Superior Court in accordance with MGL c. 249, § 4.
This bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule statutes, independent of the Wetlands
Protection Act (MGL c. 131, § 40) and regulations (310 CMR
10.00) thereunder. It is the intention of this bylaw that the purposes,
jurisdiction, authority, exemptions, regulations, specifications,
standards, and other requirements shall be interpreted and administered
as stricter than those under the Wetlands Protection Act and regulations.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof, nor shall it
invalidate any permit, approval or determination which previously
has been issued.