These regulations are promulgated under the authority of the Home Rule Amendment Article LXXXIX(89), of the amendments of the Constitution of Massachusetts, 1966, and in accordance with the 2006 Wetlands Protection Bylaw, Chapter
119 of the Code of the Town of Harvard as amended and shall be effective upon the fulfillment of all legal requirements for their effectiveness.
Strict compliance with these rules may be waived, modified,
or altered when, in the judgment of the Commission, such action is
in the public interest and is consistent with the intent and purpose
of this chapter. The burden of establishing the basis for a waiver,
modification or alteration is on the petitioner to establish by a
clear preponderance of the evidence. Any request for a waiver, modification,
or alteration must be submitted to the Commission in writing on Form
C. The Commission shall act on the request within 30 days
of the date of receipt and will provide the applicant either by certified
mail or hand delivery, its written decision.