The procedures described below are designed to help the applicant and the Commission through the review process as quickly and efficiently as possible. Close adherence to the procedures is advised. The following procedures apply to all filings under the Sherborn Bylaw[1] (unless otherwise specifically stated).
[1]
Editor's Note: See Ch. 226, Wetlands.
The following minor activities within the buffer zone and outside resource areas specified in the Sherborn Wetlands Regulations § 410-4.1 are not subject to regulation under the Sherborn General Bylaw, Chapter 226, because they are initially presumed to not alter an area subject to protection if the proposed work meets the following criteria: the existing lot where the work is proposed is for an existing single family home/residence, and the work is performed in a manner that has no adverse effects to resource areas and the resulting project does not create erosion and sediment runoff into wetland resource areas and any land disturbed by the project is restored to previous or improved conditions for protecting wetlands and erosion and sedimentation controls are established when needed to prevent such alterations.
A. 
Construction of an unpaved walkway less than 30 inches wide for private pedestrian use;
B. 
Installation and maintenance of fencing, provided it will not constitute a barrier to wildlife movement and is in existing lawn and/or landscaped areas;
C. 
Maintenance of existing stone walls;
D. 
Stacking of cordwood;
E. 
Vista pruning that is conducted at least 50 feet from any resource area, where "vista pruning" means the selective thinning of tree branches or understory shrubs to establish a specific "window" to improve visibility and does not include cutting of trees that would reduce the leaf canopy to less than 90% of existing crown cover and does not include the mowing or removal of understory brush;
F. 
Pruning and normal maintenance of existing landscaped areas;
G. 
Mowing of existing lawns;
H. 
Planting of native species of trees, shrubs or ground cover (but excluding lawn turf/grasses);
I. 
Installation and maintenance of patios and decks totaling less than 150 square feet in existing lawn in outer 50-foot to 100-foot buffer zone that allow water infiltration;
J. 
Replacement of footings or sonotubes for an existing deck, provided it does not take place in unaltered buffer zone area;
K. 
Conversion of impervious to vegetated surfaces.
For purposes of determining that a proposed project is not subject to review by the Commission either because it will take place more than 100 feet from a wetland resource or 200 feet from a perennial stream or river, or it meets the criteria of § 410-7.1, an applicant may request administrative approval. Such request shall be made in writing to the Commission using the form specified by the Commission. A site visit to the property by the agent (or administrator/agent) may be required. The agent shall determine whether to issue an administrative approval within 21 days of the request or of the date when sufficient information is provided. If an administrative approval is issued, it will be effective immediately. If issued, an administrative approval will serve as a negative determination of applicability for purposes of issuing building permits or as Commission approval pursuant to Board of Health regulations. All administrative approval applications shall be reported to the Commission at the next scheduled meeting.
The purpose of the request for determination of applicability (RDA) is to allow the Commission to determine whether the proposed project will alter an area subject to protection under the Sherborn Bylaw such that the filing of a notice of intent will be required. After the filing of the request for determination in accordance with state regulations, a Commissioner(s) or agent will visit the site and make a presentation to the Commission. The Commission will then vote to determine if a notice of intent is required.
A. 
Review period.
(1) 
Resource area boundary determination. Resource area boundary delineation determination shall be reviewed at the sole discretion of the Commission or its agent during winter conditions (snowfall and frozen ground), and shall be reviewed only when site conditions are such that the Commission or its agent believes they can adequately review the relevant resource area indicators (e.g., soil, vegetation, topography, and hydrology).
B. 
Submission requirements.
(1) 
It is the applicant's responsibility to provide all of the information required for this review. This information is to be included on the request for determination form. WPA Form 1 is available at the Sherborn Select Board's office at the Town offices or from the MA Department of Environmental Protection (DEP) website at: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#4.
(2) 
Any outstanding violations, enforcement orders, remediation activities or unpaid fines applied to a property under the Act and its regulations or the Sherborn Bylaw and its regulations must be resolved to the satisfaction of the Commission prior to the submission of a request for determination of applicability for work on that same property.
(3) 
The applicant must provide all information requested on the request for determination and:
(a) 
Pay the required fee (see § 410-7.6, Fee schedule) and return the original to:
Sherborn Conservation Commission
19 Washington St.
Sherborn, MA 01770
(b) 
Send a copy and the plans to:
MA DEP Northeast Region
205B Lowell St.
Wilmington, MA 01887
(c) 
Send a copy to the property owner if the applicant is not the property owner.
(d) 
Include a plan for the Commission that shows (at a minimum):
[1] 
Structures on the lot.
[2] 
North arrow on lot plan, with locus map and street name.
[3] 
Location of proposed work, and distance to wetlands or other resource to be protected.
[4] 
General vegetation types.
[5] 
Drainage directions.
[6] 
Spot elevations or contours (if available).
C. 
Determination by Commission.
(1) 
After the filing of a complete request for determination, the Commission shall issue a determination of applicability form 2 within 21 days. During this time, a Commissioner(s) or agent will visit the site. At a public meeting of the Commission, the Commissioner or agent who reviewed the request for determination and visited the site shall present his/her findings. The Commission will then vote, and a majority vote is required for action on the determination. The property owner will receive the signed determination by mail.
(2) 
If a "positive determination" is issued, meaning that the project will impact an area subject to protection, the applicant must file a notice of intent in order to possibly obtain a permit for the project. A "negative determination" means the proposed project will have a minimal impact on an area subject to protection, and the project is approved as presented or approved with written conditions. A negative determination is valid for three years.
(3) 
If the request for determination and/or the related information is incomplete or an accurate site assessment cannot be undertaken, a positive determination will be issued due to a lack of sufficient information. An applicant can waive the twenty-one-day determination period, and a determination will be delayed until the application is complete or an accurate site visit is possible.
D. 
Replacement septic systems outside the no-alteration zone. Subject to Subsection B, a replacement septic system may be permitted under a determination of applicability if the proposed project meets the following conditions:
(1) 
The wetland resource areas have been delineated and are shown on a plan.
(2) 
The proposed work is located outside the no-alteration zone.
(3) 
The proposed septic system upgrade is not an expansion of the existing system.
(4) 
Any area of disturbance during construction of the proposed system is not of a slope greater than 25%.
(5) 
The portion of the buffer zone affected by the proposed system has been previously altered.
(6) 
A signed, stamped engineered plan must accompany the application and must show the proposed septic system and all components associated with the system. In addition, the plan must include the following information:
(a) 
The wetland flags and associated buffer zones.
(b) 
Contour lines at two-foot intervals.
(c) 
The location of the erosion control barrier.
(d) 
The location of the access route to the project site.
(e) 
The location of potential stockpiles.
The role of the Commission is that of a reviewing agency. It is the applicant's responsibility to provide all of the information required for review in the notice of intent (NOI). It is in the applicant's interest to submit as complete and accurate description of the project as possible to ensure that requests for additional information do not result in unnecessary delays. In instances where the applicant is not the owner, the Commission shall require written proof of the owner's assent to the filing.
A. 
Notice of intent form. Filing a notice of intent under the Sherborn Bylaw and the Act is done on WPA Form 3 Notice of Intent, Appendixes A, B, C, D,[1] and the Sherborn Supplemental Notice of Intent Form 3/4A. Appendixes A, B, C, D and the Sherborn Supplemental Notice of Intent Form 3/4A may be obtained from the office of the Conservation Commission at Sherborn Town Hall and can also be found on the Commission's website at: https://www.sherbornma.org/conservation-commission/pages/permits-andforms and in the Sherborn Wetlands Regulations. WPA Form 3 may be obtained from the Massachusetts Department of Environmental Protection website: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#4.
[Amended 6-19-2024]
[1]
Editor's Note: Appendixes A, B, C, and D are included as attachments to this chapter.
B. 
Abbreviated notice of intent.
(1) 
An abbreviated notice of intent is provided to simplify the review of projects which are likely to result in limited impact on a resource area. This form (WPA Form 4) may be used when all of the following apply:
(a) 
The proposed work is within the buffer zone (only) or is within land subject to flooding (only), and will alter less than 1,000 square feet of surface area.
(b) 
The proposed work will not result in any alteration to a wetland resource area other than those noted in Subsection B(1)(a) above.
(c) 
A Department of the Army permit (Corps of Engineers Section 10 or Section 404) or Division of Waterways license (MGL c. 91) is not required.
(2) 
Abbreviated notice of intent forms may be obtained from the Massachusetts Department of Environmental Protection website: http://www.mass.gov/eea/agencies/massdep/water/approvals/wetlands-and-waterways-forms.html#4.
(3) 
The Commission or its agent may, at their discretion, require the filing of Appendix D and the Sherborn Supplemental Notice of Intent Form 3/4A. These additional forms may be obtained at the office of the Conservation Commission in Sherborn Town Hall, or on the Commission's website at: http://www.sherbornma.org/Pages/SherbornMA_Conservation/index and in the Sherborn Wetlands Regulations.
(4) 
The filing fee for an abbreviated notice of intent will follow the fee schedule for full notices of intent. (See § 410-7.6 of these Regulations.)
C. 
Procedure for notice of intent. In addition to information already required by the Commonwealth of Massachusetts, the following information is required with each notice of intent filed with the Commission. Omission of information deemed pertinent by the Commission will be grounds for not opening an advertised public hearing, or continuing a public hearing, or denying the order of conditions. For convenience, Appendix D contains this information in worksheet form.
D. 
Information to be shown on site plans. All of the following will be required unless exempted in writing by the Commission:
(1) 
Existing conditions.
(a) 
Title box, to include the date, name and address, if available, of project; the name of the owner/applicant, the name of the preparer, a scale (at least one inch equals 100 feet with details), a North arrow, a reference to the Assessor's Map and to the parcel number.
(b) 
Appropriate engineer's or land surveyor's stamp and signature. (Note: The professional who stamped the original plans must also sign and date any revisions with the same date as the revision date.) At least one original signature copy of each plan must be submitted to the Commission.
(c) 
Lot size(s) and property boundaries.
(d) 
Names and property lines of abutting property owners.
(e) 
Two-foot topographic contours (existing and proposed); elevation above mean sea level, if available, or assumed elevations; location of bench mark of elevations or assumed datum.
(f) 
The border of any wetland resource area on or within 100 feet of applicant's property, with flow directions labeled, if applicable.
(g) 
Limits of all wetland resource areas, including survey locations and numbers of flags/stakes; note date of flagging, and name/firm of botanist.
(h) 
Delineation of buffer zone (100-foot horizontal distance from all wetland resources areas) and of no-alteration zone.
(i) 
Limits of bordering and isolated lands subject to flooding, including 100-year storm elevation.
(j) 
Department of Environmental Management (DEM) and Federal Emergency Management Agency (FEMA) wetlands and floodplain restrictions (FEMA maps are available at the Conservation Commission office, the Select Board's office, and Sherborn Assessors' office).
(k) 
High-water mark for all water bodies, from best available data (data source must be cited).
(l) 
Top and toe of any inland bank or beach.
(m) 
Total watershed area in which site is located, all subwatersheds on site, and on- and off-site discharge points (projects must not alter the water runoff from the site).
(n) 
Location, date and soil summaries of all soil borings and test pits on-site; location, date and readings of groundwater level measurements on-site.
(o) 
Stone walls or other barriers located between the area of work and the area subject to protection under these Regulations.
(p) 
Locations and types of easements on site and on other properties within 50 feet of property line.
(2) 
Proposed conditions.
(a) 
Work limits and location of temporary erosion controls; delineate areas where vegetation will be altered.
(b) 
Proposed contours and amount of fill required to be added or removed (in cubic yards and maximum thickness); pre- and post-development grades on all slopes four to one or steeper; locations of stockpiles.
(c) 
Construction sequence and details, including cross sections and elevations, of drainage structures (including but not limited to catch basins, leaching basins, dry wells, swales, retention areas, ditches, etc.) and road crossings in wetland resource areas
(d) 
Equipment access routes and storage/parking areas during proposed work.
(e) 
All above-ground structures, roadways, accessways, stone walls, fences, and other physical alterations proposed; identify roadway or surface material proposed; location and elevation of lowest floor of all structures.
(f) 
Existing natural drainage patterns and proposed alterations.
(g) 
All on-site below-ground alterations and structures, including but not limited to utility lines, drainage structures, septic systems, cesspools, wells, and storage tanks in the buffer zone.
(h) 
Location, capacity, and design details of on-site septic system.
(i) 
Distance of proposed on-site leaching facility to wetlands, watercourses, or other resource areas.
(j) 
Calculated square footage of temporary and permanent alteration of wetland resource, if applicable.
(k) 
Calculated square footage of temporary and permanent alteration of inner and outer buffer zone.
(l) 
For new construction, location of leaching facilities on other properties within 50 feet of the lot line, or 300 feet of the proposed project.
(m) 
For new construction, location of all existing and proposed wells on property and within 200 feet of project on abutting properties, and minimum distance to all septic systems.
E. 
Information to be provided in notice of intent text. All of the following will be required unless exempted in writing by the Commission:
(1) 
Existing conditions.
(a) 
Topography, soils, and geology description.
(b) 
Description of vegetation types, such as upland or wetlands community types and plant species list.
(c) 
Section of a USGS quadrangle map, with site location circled (i.e., a locus map).
(d) 
Completed state delineation form known as "DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Data Form" for wetland resource.
(2) 
Proposed conditions.
(a) 
Description of activities, construction sequencing and estimated timetable. Include description of future phases.
(b) 
Description of indirect and direct impacts, both temporary and permanent, on wetland resource areas.
(c) 
Description of soil erosion, sediment control plan, and mitigation plans for impacts to resource areas.
(d) 
Details of mitigation plans for activities in the buffer zone to limit long-term indirect impacts to adjacent resource areas.
(e) 
Description of stormwater management plan, including existing and proposed drainage areas.
(f) 
Description of wastewater management plan.
(g) 
Hydrologic calculations shall conform to Natural Resources Conservation Service procedures.
[Amended 6-19-2024]
(h) 
Wetlands creation/restoration plan, including area, with existing and proposed topography at contours at one-foot intervals, and plans showing proposed grading, stockpiling, planting (indicate source of plants), and timetable.
(i) 
Volume of fill required and source of fill.
F. 
Information that may be requested during a notice of intent hearing for activity proposed in the no-alteration zone (see § 410-5.2).
(1) 
For a project that proposes to alter greater than or equal to 5,000 square feet of no-alteration zone, the Commission may require the applicant to provide adequate information regarding the following so as to enable the Commission to evaluate whether the proposed activity is to be permitted:
(a) 
Values and functions of the resource area and/or buffer zone to protect interests.
(b) 
Wildlife habitat and rare species present on the site. This information may include assessment of food, water, breeding space, shelter, security, movement and migration space, and connections to other habitat areas.
(c) 
A summary or detailed wildlife habitat evaluation as defined in Appendixes A and B of the MassDEP Massachusetts Wildlife Habitat Protection Guidance for Inland Wetlands (March 2006) conducted by a qualified wildlife biologist.
(d) 
Reasonably practicable alternatives to the proposed activities, including reducing the scale and scope of the project. Options that appear to be precluded only by self-imposed constraints shall be considered as reasonably practicable alternatives.
(2) 
The Conservation Commission may deny a permit if the applicant fails to provide the information requested.
G. 
Natural Heritage filing.
(1) 
The latest computer map showing estimated habitat of rare and endangered species must be included with the notice of intent. A filing to the Natural Heritage Office is needed if the estimated habitat of rare and endangered species map indicates that a proposed project lies within the boundary of the estimated habitat of rare and endangered species. This map can be found online or requested from the Natural Heritage Office. If your property is located within a polygon on the map indicating an estimated habitat, a filing to that office will be required by the Commission.
(2) 
This filing, made by the applicant, is to be made before the notice of intent is scheduled for a public hearing. Closing a hearing is contingent upon written response from the Natural Heritage Office.
H. 
Watercourse alteration notification. To the extent required by FEMA, if applicant is planning to alter or relocate a river system in any manner, it shall require a number of notification letters, which will be included in the notice of intent. Letters of notification should be submitted to the following:
(1) 
Conservation Commissions in the adjacent communities of Dover, Natick, Ashland, Framingham, Medfield, Millis, Holliston);
(2) 
NFIP State Coordinator:
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
(3) 
NFIP Program Specialist.
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
I. 
Notice of intent submission requirements.
(1) 
The applicant will submit nine complete paper copies and a complete electronic copy of the notice of intent with site plans, supporting documentation, and a check payable to the Town of Sherborn, in the amount set forth in the fee schedule (see § 410-7.6, Fee schedule, and Appendix A, Wetlands Filing Fee Calculation Worksheets[2]) to the Conservation Commission office or the Select Board's office at the Town offices. The applicant must also send a separate check to Massachusetts Department of Environmental Protection (DEP), Boston. One copy of the notice of intent with site plans and supporting documentation must be sent to the DEP regional office. The Commission must receive the completed notice of intent site plans and supporting documents at least 14 day before the next regularly scheduled public meeting.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
In keeping with the requirements of Sherborn's general permit under the Environmental Protection Agency's (EPA) National Pollutant Discharge Elimination System (NPDES), any applicant for a project proposed through a notice of intent for a property within Sherborn's urbanized area (see Appendix E[3]) which will disturb or alter an acre or more of land, temporarily or permanently, must show proof of submitting an EPA notice of intent application form to the EPA by presenting, at the opening of the hearing before the Commission, a copy of the application, and either proof of mailing the application to EPA by certified mail, return receipt requested, or a copy of the email receipt from EPA for an online filing of the application. Opening the hearing is contingent upon this proof of submittal.
[3]
Editor's Note: Appendix E is included as an attachment to this chapter.
(3) 
Any outstanding violations, enforcement orders, remediation activities or unpaid fines applied to a property under the Act and its regulations or the Sherborn Bylaw and its regulations must be resolved to the satisfaction of the Commission prior to the submission of a notice of intent for work on that same property.
A. 
Site visits generally. The Commission, any Commissioner, the Conservation agent, or any person designated by the Commission shall have the right to enter and inspect any place, property, or area for purposes of evaluating any request or application to the Commission, or enforcing the requirements of any order or certificate issued under the Act, the Sherborn Bylaw, or these Regulations. In addition, the Commission, any Commissioner, the Conservation agent, or any person designated by the Commission may require the submittal of any pertinent data or documents deemed necessary by the Conservation Commission. Without limiting the foregoing, the submission of any request for determination or notice of intent to the Commission constitutes a grant by the applicant of his/her/its consent to entry and inspection and provision of data and documents as set forth in this subsection.
B. 
Site visits for review of notice of intent. The following markings and flagging must be in place before the field inspection, where applicable. Failure to properly stake and mark the site may result in nonreview and thus a delay or denial of the project.
(1) 
Edges of wetlands must be flagged with numbered flags, as reflected on submitted maps.
(2) 
House number must be visible if it is an existing house; if no house is on property, the lot number must be posted and visible from the street.
(3) 
Property boundaries must be staked with numbered stakes at all corners.
(4) 
All proposed structures or additions, including decks, must be staked for identification purposes at all corners; stakes must be numbered and labeled.
(5) 
Septic tank, leaching field, and well locations must be staked with labeled stakes if within the buffer zone.
A. 
Notice of intent (NOI) fees.
(1) 
Refer to the following table and bullets for the complete Sherborn fee schedule; for definitions of the notice of intent categories listed below, refer to Appendix A, Form A-1, "Wetlands Filing Fee Calculation Worksheet" on page 30 of these Regulations.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2) 
Overall, NOI fees involve three separate payments covering an MA state-specified fee that is divided between the state and the Town, and a Sherborn Bylaw fee. There are two payments (currently by check) made out to the Town of Sherborn: one for the town share of the state fee and one for the Sherborn Bylaw fee. There is one payment for the state share of the state fee that is made directly to the Commonwealth of Massachusetts and sent to the MA DEP.
(3) 
The following table summarizes the fees for the state-specified categories of activities for NOI filings; see Appendix A for more information. The state fee is as of January 3, 2013, and is subject change by the MA DEP; it is presented in DEP WPA Form 3 and its instructions.
NOI Category
§ 410-7.7 Total Fees
Sherborn Bylaw Fee
MA State Fee
Town Share
State Share
Category 1
$792.50
$682.50
$67.50
$42.50
Category 2
$2,737.50
$2,237.50
$262.50
$237.50
Category 3
$3,562.50
$2,512.50
$537.50
$512.50
Category 4
$5,162.50
$3,712,50
$737.50
$712.50
Category 5
$3,500
See DEP WPA Form 3 instructions
Category 6
See Appendix A
See DEP WPA Form 3 instructions
A. 
Other fees.
(1) 
An amended order of conditions requires a fee of $500 to the Town; no state fee is required.
(2) 
An extension of an order of conditions requires a fee equal to the original filing fee for the notice of intent for that same project; no state fee is required.
Note: An extension of an order of conditions filed when the work approved by the original order of conditions has not commenced will require a fee of $50. In addition, the applicant must pay the fees associated with recording the extension to the order of conditions, if granted.
(3) 
A request for determination of applicability requires a fee dependent on the scope of the project; please choose from the following tiers and submit accordingly:
(a) 
Basic fee: $120. The basic fee is applicable to all additions, renovations and modifications to an existing residence or an existing single-family lot, exclusive to new subdivisions, lot reconfigurations, or establishments of an easement. Examples include residence additions (such as a patio or family room), septic systems and well-related work, ancillary structures (such as a barn or a shed), and driveway installation/reconfigurations.
(b) 
Comprehensive fee: $200. All projects that do not fit the criteria required to qualify for the basic fee shall be charged the comprehensive fee amount. Examples include, but are not limited to, all commercial projects, subdivisions or projects establishing new property lines or limits, dedication of easement or rights-of-way, and demolition and removal of existing structures for reconstruction of new structures on an existing lot or new lot. No state fee is required.
(c) 
Additional inspections/site visit fee: $30. Additional site visits by the agent, a Commissioner and/or a Commission designee may be required to fulfill the Commission's work. Such visits can arise due to plan modification or other filing changes. The basic fee includes up to one site visit.
The comprehensive fee includes up to two site visits. Additional site visits shall be charged in the amount of $30 per visit. The additional site visits are required due to a comprehensive redesign or resubmission of and application shall be either charged as an additional site visit or, at the agent's discretion, part of a required reapplication and its corresponding fee.
(d) 
Distribution box review fee: $50. Proposals for projects consisting of only the replacement of an existing distribution box for a septic system. All other proposed projects shall follow the fee schedule above.
(4) 
An administrative approval requires a fee of $70 to the Town; no state fee is required. If a request for determination of applicability (RDA) for the same activity or project is subsequently applied for within 60 days, the RDA fee is $50 to the Town. If project is determined to be exempt and no building permit is required, then no fee shall be assessed.
(5) 
A request for a certificate of compliance requires a fee of $200. No state fee is required.
(6) 
Note: A request for a certificate of compliance for approved alterations which never commenced will require a fee of $50.
(7) 
A request for a certificate of compliance for an expired order of conditions requires a fee equal to the filing fee for the original notice of intent or $200, whichever is greater. No state fee is required.
(8) 
Certificates of compliance shall be recorded at the Registry of Deeds by or for the property owner, and the recording costs shall be paid by the property owner or his designee.
B. 
Filing fee policies.
(1) 
Fees are payable at the time of application and are nonrefundable.
(2) 
Fees shall be calculated based on the above fee schedule and confirmed by the Commission or its administrator and/or agent.
A. 
Public notice.
(1) 
A hearing date will be scheduled within 21 days of the filing of a complete notice of intent. The applicant shall give written notice of the filing of an application for an order of conditions, notice of intent or abbreviated notice of resource area delineation at the time of such filing, by certified mail, return receipt requested, or hand delivery written acknowledgement of receipt, to all abutters within 100 feet of the property line of the land where the activity is proposed at their mailing addresses shown on the most recent applicable tax list of the Assessors, including owners of land directly opposite on any public or private street or way, and in another municipality or across body of water and to such other persons as the Commission may, by regulation, determine. The notice shall state a brief description of the project and the date of the Commission hearing or meeting date if known.
(2) 
At the time of the hearing and before the hearing opens, the applicant must present a list of all abutters within 100 feet of the property line of the land where the activity is proposed, along with an affidavit of service (Appendix C, Affidavit of Service[1]) certifying that all abutters received notice of the filing. The applicant should send notices by certified mail, return receipt requested, and present the return receipts at the hearing meeting. (Applicants other than the property owner must submit a statement of proof of vested interest in the property, purchase and sale agreement, and notarized statement from the owner.)
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
(3) 
Notice of the time and place of the hearing shall be given by the Commission at the expense of the applicant, not less than five days prior to the hearing, by publication in a newspaper of general circulation in Sherborn.
B. 
Conduct of hearing. At the time of the hearing, the applicant or his or her representative will appear before the Commission and make a presentation relative to the notice of intent.
C. 
Continuances. Hearings may be continued at the request of the applicant or Commission. If a hearing is to be continued to allow preparation of revised plans, all field flagging and other changes must be made and all revised plans must be received 10 days before the continued hearing.
D. 
Issuance of order. Within 21 days of the close of the hearing, the Commission will issue an order of conditions. A majority of the Commission must approve and sign written decisions. Orders of conditions written under the Sherborn Bylaw and Regulations may be on the same form as orders issued under the Act.
A. 
The following forms, issued by the Commission, are required to be recorded in the Middlesex County Registry of Deeds or the Land Court, whichever is appropriate:
(1) 
Final order of conditions (recorded by the Conservation Commission).
(2) 
Amended order of conditions (recorded by the Conservation Commission).
(3) 
Extension permit (recorded by the Conservation Commission).
(4) 
Certificate of compliance (recorded by the applicant).
B. 
Recording is done at the applicant's expense. The agent will inform the applicant of the amount of the recording fee.
C. 
If the applicant desires to delay the recording of the final or amended order, he or she must state in writing to the Commission the reasons for the delay and the estimated date of recording. The Commission may, but is not required to, comply with the applicant's request.
A. 
Decisions. Decisions will be made by the Commission simultaneously under the Act and the Sherborn Bylaw. An order of conditions is designed to permit the proposed construction activity while, at the same time, ensuring that valuable wetland resources are protected from either deliberate or accidental damage. Wetlands protection is achieved by a combination of design elements within the approved plan and by additional conditions imposed by the Commission. The applicant must receive the order of conditions, allow the mandated appeal period to elapse, and allow the Commission's Agent to record the order of conditions with the Registry of Deeds before proceeding with any work conditioned under the order. All construction activities must be completed in compliance with the existing valid order of conditions.
B. 
Compliance with an order of conditions. Compliance with an order of conditions may be monitored by periodic visits by members of the Commission or its agent. All wetlands flags are to stay in place until the Commission issues a certificate of compliance. In addition, at the time it issues the order, the Commission may strictly control construction activities by outlining stages of the work and by requiring periodic inspections and proof of compliance of each separate stage. A partial certificate of compliance may be required at discrete points of the project. The Commission holds the applicant to strict accountability for complying with the conditions contained in the order. Orders of conditions are valid for three years from date of issue, unless otherwise extended by the Commission. The applicant will be charged a fee according to the fee schedule in § 410-7.6 for an extension to an order of conditions.
C. 
General requirements. The following apply to all orders of conditions:
(1) 
The order of conditions reflects decisions made at the hearing and all information gathered during the hearing, at the on-site inspection, and from relevant laws and regulations.
(2) 
Orders of conditions are issued under both the Act and the Sherborn Bylaw.
(3) 
The order of conditions refers to specific wetlands values being protected.
(4) 
The order of conditions will include findings of fact made at the hearing.
(5) 
The order of conditions may include mitigation conditions.
(6) 
Conditions may be for the construction period (e.g., hay bales for erosion control) or may be in perpetuity (e.g., no-alteration zones for erosion control and wildlife habitat). Conditions may be structural (e.g., hay bale barrier for erosion control) or may require a specified standard of performance (e.g., prevention of erosion).
(7) 
Conditions may refer both to the Act and to the Sherborn Bylaw or may refer only to the Sherborn Bylaw. These separate conditions shall be explicitly identified in the order of conditions.
Quite often, modifications must be made to projects during construction. The Commission recognizes the need for such changes and sets forth the following procedures for assessing them. Because each modification is unique, it is impossible to determine in advance how any particular change will be addressed by the Commission. With any proposed modification, the applicant will first contact the Commission and explain the modification in writing. The Commission has the authority to determine the appropriate category for the modification. The applicant will be charged a fee according to the fee schedule in § 410-7.6 for an amended order of conditions.
A. 
Minor changes. These changes are modifications that the Commission determines have no likelihood of an impact on any wetland resource and need only the authorization of the Commission. Applicants will contact the Commission to request a change. If the Commission finds the change requested is a minor modification it will record that determination in the applicant's file and mail a copy to the applicant and the Massachusetts Department of Environmental Protection regional office. The Commission will consider the following criteria in making this determination:
(1) 
Extent of modification.
(2) 
Proximity to wetland.
(3) 
Type of equipment required for construction.
B. 
Moderate changes.
(1) 
These changes are modifications that the Commission determines have some likelihood of an impact on a wetland resource. These changes require an amended order of conditions, which requires a request for a public hearing, payment of a separate filing fee of $500, and abutters' notices sent by the applicant or their agent. Following receipt of the separate filing fee, the Commission will schedule a public hearing to be held within 21 days of the receipt of such fee and will publish a notice thereof in a local publication in the same general manner as for a notice of intent. The Commission will make a decision on the request for an amended order of conditions following a public hearing. An amended order of conditions must be filed by the Commission at the Registry of Deeds with a marginal reference to the original order of conditions.
(2) 
The following may require an amended order of conditions:
(a) 
Decrease in the distance from resource area.
(b) 
Increase in potential for erosion.
(c) 
Decrease in the size of no-alteration zone.
(d) 
Alteration of land form.
(e) 
Change in size and location of structure and appurtenances.
(f) 
Increase in amount of vegetation removed.
(g) 
Activity beyond the limit of work.
C. 
Significant changes. Changes that are not related to the originally permitted activity may require a new notice of intent rather than an amended order of conditions (that is, a deck appurtenant to a permitted dwelling would require a separate filing). Any modification that will change or increase the impact of the project on any wetland resource is considered a significant change. The applicant will follow the procedures set forth in Article VII, Procedures.
A. 
Procedural denials.
(1) 
When a notice of intent and supporting plans are reviewed and found incomplete, or if the on-site requirements (Sherborn Wetlands Regulations, Article VII, Procedures) are not met, the Commission will contact the applicant and advise him or her to address the inadequacies with an amended notice of intent and/or revised plan or corrected on-site preparation before the scheduled hearing date. The Commission may follow this recommendation with a letter describing the inadequacies of the filing. The hearing may be rescheduled due to lack of information.
(2) 
If the applicant at the time of the hearing has not addressed the inadequacies of the notice of intent filing, the Commission may deny the project for lack of information.
(3) 
If the Commission finds that the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Act and the Sherborn Bylaw, it may issue an order of conditions denying the work. The denial will specify the information that is lacking and why it is necessary.
(4) 
In writing the procedural denial, the Commission will:
(a) 
State that the denial is specifically based on lack of information describing the site, the work and/or the effect of the work on the interests of the Sherborn Bylaw and the Wetlands Protection Act Regulations (310 CMR 10.00).
(b) 
List specific information needed citing appropriate sections of the Wetlands Protection Act Regulations (310 CMR 10.00) and/or Sherborn Wetlands Regulations.
(5) 
A procedural denial is without prejudice (i.e., a new notice of intent can be filed).
B. 
Substantive denials.
(1) 
The Commission may deny permission for any activity within areas under its jurisdiction if, in its judgment, such denial is necessary to protect resource areas and interests, as cited in § 410-1.2, Purpose and protected interests. Due consideration is given to all possible effects of the proposal on all values protected under the Sherborn Bylaw. The applicant is given opportunity to present competent and relevant oral and written arguments to refute presumptions made in the Sherborn Bylaw and these Regulations. Substantive denials are based on a reasoned analysis of the proposed activity and the possible effects of this activity on the listed area and environmental interests (see Article IV, Jurisdictional Areas). In most cases, neither the assumption of protection nor the assumption of damage can be proven with certainty. The Commission bases its judgment on the best scientific information available to it at the time, and in all cases the Commission acts to protect the public interests, as defined in the Sherborn Bylaw.
(2) 
The Commission will give consideration to demonstrated hardship on the applicant caused by the denial. A denial will be based upon a decision specifically to do so. A denial will be voted by majority of those present at the hearing. The written decision will include the reasons for the denial, citing interests protected, and relevant regulations. The written decision will be signed by a majority of the Commission.
An appeal may be taken from a decision under the Sherborn Bylaw in accordance with the provision of Massachusetts General Laws Chapter 249.
A. 
Criteria.
(1) 
Upon completion of the project and after two growing seasons have passed (when applicable) the applicant shall submit a request for a certificate of compliance (WPA Form 8A). The Commission will issue the certificate of compliance when a project is completed within the constraints of an order of conditions. The certificate may be used to continue permanently certain conditions from the original order that are deemed appropriate by the Commission. The applicant will be charged a fee according to the fee schedule in § 410-7.6 for a certificate of compliance.
(2) 
Any outstanding violations, enforcement orders, remediation activities or unpaid fines applied to a property under the Act and its regulations or the Sherborn Bylaw and its regulations must be resolved to the satisfaction of the Commission prior to the submission of a request for a certificate of compliance for work on that same property.
(3) 
If the project is not completed in accordance with order of conditions, the Commission has the authority to withhold the certificate of compliance.
B. 
Procedures.
(1) 
Upon completion of the work permitted, the applicant requests, in writing, that the Commission issue a certificate of compliance stating that the work has been satisfactorily completed.
(2) 
The Commission may require as-built plans stamped by a registered professional engineer, architect, landscape architect or land surveyor, including a written statement by such a professional, certifying substantial compliance with the plans or setting forth what deviation, if any, exists from the plans approved in the applicable order of conditions.
(3) 
Prior to the issuance of a certificate of compliance, an agent or Commission member will make a site inspection. All wetlands flags must be in place at the time of the site inspection.
(4) 
If the Commission determines, after review and inspection, that the work has been done in compliance with the order, a certificate of compliance will be issued within 21 days of receipt of a written request therefor, and will certify on Form 8 that the activity or portions thereof described in the notice of intent and submitted plans have been completed in compliance with the order. The certificate of compliance must be signed by a majority of the Commission. A copy of the certificate of compliance is sent to the Massachusetts Department of Environmental Protection by the Commission.
[Amended 6-19-2024]
(5) 
If the Commission determines, after review and inspection, that the work has not been done in compliance with the order, it may refuse to issue a certificate of compliance. Such refusal must be issued within 21 days of receipt of a request for a certificate of compliance, must be in writing, and must specify the reasons for denial.
(6) 
If the final order contains conditions that continue past the completion of the work, such as maintenance or monitoring, the order will specify which conditions remain. These conditions will also be specified in the certificate of compliance.
(7) 
The certificate of compliance (together with any continuing conditions) must be recorded by the applicant in the Land Court or Registry of Deeds, whichever is appropriate. Certification of recording will be sent to the Commission on the form at the end of WPA Form 8B or its replacement.
(8) 
If the approved project was never undertaken, a certificate of compliance may be issued if the applicant no longer intends to go forward with the project.
A. 
The performance guarantee is a tool available to the Commission to insure that proposed work is done in compliance with the order of conditions. The performance guarantee may be used in large, complex projects, or where the threat to particular resource areas warrants additional security.
B. 
Procedures. At the discretion of the Commission, the performance guarantee will be either in the form of a cashier's check or a performance bond. The Commission has the authority to use any such funds held under this article for the purposes stated by a vote of the Commission. If the performance guarantee is in the form of a bond, the form and amount must be approved by the Commission and the original shall be filed with the Town Clerk. If the performance guarantee is a certified check, the Commission and applicant shall enter into an agreement as to the terms for the disposition and use of the funds. The check shall be deposited with the Town Treasurer in a separate account.