A. 
Where the Bylaw states that a particular action (except receipt of a request or notice) is to be taken by the Commission, that action is to be taken by more than half the members present at the meeting of at least a quorum. A quorum is defined as a majority of the members then in office.
B. 
Where the Bylaw states that an order or notification shall be signed by a majority of the Commission, that action is to be taken by a majority of the members then in office, who need not convene as a body in order to sign, provided they met pursuant to the open meeting law M.G.L. c. 39, §§ 23A-23C, when voting on the matter.
C. 
Where the Bylaw states that the Conservation Commission is to receive a request or notice, Conservation Commission means a member of the Commission or an individual designated by the Commission to receive such request or notice.
A. 
In order to ensure adequate and proper review by the Commission, staff and the public, all permit application documentation - including forms, narrative descriptions, plans, maps, tables, charts, reports, etc. for an RDA or an NOI - must be submitted to the Conservation Commission no later than 10 business days prior to the scheduled public hearing, or its continuation. Late submission of material can be interpreted as a request for continuation. The submission shall include sufficient information to enable the Commission to find and view the area and to determine whether the proposed work will alter an area subject to protection under the bylaw, as much documentation as possible, particularly maps in PDF format, should also be submitted electronically unless the applicant or their representative does not have that ability.
B. 
Plan maps must be included for all submissions and show:
(1) 
All wetland resources within 100 feet of the activity.
(2) 
All buffer zones boundary lines (100-foot buffer, 50-foot no-build, 30 foot no-touch, 100 and 200-foot Riparian zone).
(3) 
Lot number, street number, street, Tax Assessor's Map, Block and Parcel/Lot numbers.
(4) 
Erosion/sedimentation control measures and edge of disturbance, if different.
(5) 
Area of disturbance in buffer zone drawn on map and stated as square feet or acres as applicable.
(6) 
Show the tree canopy line prior to and upon completion of construction, with a notation of the approximate number of trees to be removed. Trees to be removed within the 30-foot no touch zone will be identify individually.
(7) 
Location of well and septic system with reserve area.
(8) 
Location of stockpiled materials, if any.
(9) 
Property boundaries, rights-of-way, easements, restrictions.
(10) 
All site utilities.
(11) 
Existing and proposed grades.
(12) 
Any other information required by the Conservation Commission Filing Checklist.
C. 
Plans, drawings, sketches, photographs and calculations shall be dated and signed by the person(s) responsible for their preparation. Plans and drawings involving the practice of surveying or engineering shall be stamped and signed by the appropriate design professional, who shall be registered in the Commonwealth of MA.
D. 
All changes made to a Notice of Intent, Request for Determination of Applicability and/or Abbreviated Notice of Resource Area Delineation applications, whether initiated by the applicant or requested by the Conservation Commission shall be submitted to the Conservation Commission no later than seven calendar days prior to the next scheduled hearing. Late submission of material will be interpreted as a request for continuation.
E. 
Administrator's determination.
(1) 
Applicants must contact the Conservation Administrator for a site visit in order to make a determination. The decision on whether a project needs a filing is based upon the following considerations:
(a) 
Type of resource area involved.
(b) 
Distance from the project to the resource area.
(c) 
Topography of the area leading to the resource area.
(d) 
Types of equipment or products being used in the project.
(e) 
Types of techniques being used in the project.
(f) 
Amount of disturbance or fill used in the resource area or buffer zone.
(2) 
Using these considerations, the agent may make a decision on small projects that have little or no impact to resource areas. The Conservation Administrator will complete an "Administrator's Determination Form" and submit it to the Commission at the next scheduled Commission meeting. The Commission can endorse the Agent's recommendation or require the applicant to file either a Request for Determination of Applicability or Notice of Intent. The Agent may make a decision on the following types of projects:
(a) 
(Limited to top-dressing), Loam;
(b) 
Plantings.
(c) 
Fence repair only.
(d) 
New Wells over 50 feet.
(e) 
Septic Test Holes.
(f) 
Removal of dead trees;
(g) 
Limbing of trees to ensure crown remains.
(3) 
The Conservation Administrator shall submit this form at the next scheduled meeting of the Conservation Commission. The Commission may override the Administrator's decision and require a full filing with the Commission. No work is to be done prior to the ratification of the determination by the commission.
A. 
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 M.G.L. c. 131, § 40 and 310 CMR 10.00, 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.
B. 
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 10.00. Permit fees are payable at the time of application and are nonrefundable.
C. 
Request for determination of applicability public hearing.
(1) 
Within 21 calendar 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 calendar days (excluding weekends and holidays) prior to such meeting by publication in a newspaper of general circulation in Lunenburg. The applicant shall be responsible to notify all abutters by certified mail, certificate of mail or hand delivered (with signatures of abutters) and sent no less than seven calendar days prior to the scheduled hearing. Such notice will clearly identify the land on which the project is proposed and describe the general nature of the project. Notice shall include the date, place and time of said hearings and where the plans may be reviewed.
(2) 
Within 21 calendar 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.
D. 
Requests for determination appeal.
(1) 
The decision of the Commission may be appealed according to the provisions of M.G.L. c. 249, § 4.
A. 
Notice of intent filing.
(1) 
Any person who proposes to do work that will remove, fill, dredge, build upon, or alter any Protected Resource Area shall submit to the Commission a Notice of Intent (NOI), consisting of application materials required for a Notice of Intent under M.G.L. Ch. 131, § 40 and 310 CMR 10.00 and containing such additional materials as the Commission may require to fully describe the proposed activity and its effect on the environment.
(2) 
The Commission may provide written notice of such applications to any Town or other entities as the Commission deems appropriate. If such notice is provided, the Commission shall not take final action until those notified have had 14 calendar 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. Upon written request the applicant shall receive any comments and recommendations by the above entities and may respond to the Commission in writing or at the hearing.
B. 
Notice of intent permit filing fees.
(1) 
Each permit filing shall be accompanied by a Lunenburg permit filing fee to be determined, by each activity, in accordance with a fee schedule established by the Commission, as follows, and in addition to those required by the Wetlands Protection Act, MGL C. 131, g 40, and regulations, 310 CMR 10.00. Permit fees are payable at the time of application and are nonrefundable.
(2) 
Town, county, state, and federal projects are exempt from the filing fee. All Mass DOT applications are not fee exempt after the first $50.
(3) 
There is a minimum fee of $25 for modifications, which may, in the case of minor projects, be waived at the discretion of the Commission.
(4) 
Agricultural projects are exempt from filing fees.
Schedule of Permit Fees
1. BASIC FEES (non-enforcement order)
Basic single minor project - or any other accessory residential activity (as outlined in the State Notice of Intent Category 1 b-g)
$25 per project
Extensions of residential structure (as outlined in State Notice of Intent Category 1a)
$100
New residential structure
$125
Subdivision - road and utilities permit (lots are separately charged as new residential structure)
$250 + $1.00/Linear foot within the buffer zone or riparian corridor
Drainage outfalls, detention, and retention basins etc. (each)
$200
Multiple-dwelling structure
$300
Commercial, industrial and institutional projects
$250 + $0.10 per square foot of work within the buffer zone or riparian corridor.
C. 
Insufficient notice of intent.
(1) 
If the Notice of Intent is deemed by the Commission to be insufficient to fully describe the proposed activity and its effect on the environment, the Commission may, at its discretion:
(a) 
Notify the applicant by certified mail within 10 business days of receipt of the NOI of the additional information that will be necessary to render the NOI sufficiently complete for acceptance. The filing fee shall be returned and the 21-calendar-day review period shall not begin until a complete application is submitted; or
(b) 
(b)[??] Inform the applicant at or prior to the public hearing of the additional information required, and offer the applicant the opportunity to continue the public hearing so that the additional information can be submitted for review.
D. 
Notice of intent public hearing.
(1) 
A public hearing shall be held by the Commission within 21 calendar days of the receipt of said NOI. Notice of the time and place of said hearing shall be given by the Commission at the expense of the applicant not less than five calendar days (excluding weekends and holidays) days prior to such hearing by publication in a newspaper of general circulation in Lunenburg. The applicant shall be responsible to notify all abutters by certified mail, certificate of mail or hand delivered (with signatures of abutters) and sent no less than seven calendar days prior to the scheduled hearing. Such notice will clearly identify the land on which the project is proposed and describe the general nature of the project. Notice shall include the date, place and time of said hearings and where the plans may be reviewed. The Commission may close the hearing but continue deliberations before making a determination.
(2) 
Public hearings may be continued with the consent of the applicant, to an agreed-upon date, which shall be announced at the hearing.
E. 
Notice of intent order of conditions determination.
(1) 
Within 21 days of the close of the public hearing, or within such further time as the Commission and the applicant shall agree on, the Commission shall either:
(a) 
Make a determination that the area on which the work is proposed to be done, or which the proposed work will remove, fill, dredge, build upon, or otherwise alter, is not significant to any of the interests identified in the Bylaw (§ 239-1), and shall so notify the applicant; or
(b) 
Make a determination that the area on which the work is proposed to be done, or which the proposed work will remove, fill, dredge, build upon, or otherwise alter, is probably significant to one or more of the interests identified in the Bylaw, and shall issue an Order of Conditions for the protection of said interest(s).
(2) 
The Order of Conditions shall impose such conditions as are necessary to meet the performance standards set forth in the Performance Standards section of these regulations and such additional conditions as are necessary for the protection of the interests identified in the Bylaw and MGL c. 131 § 40. The Order shall prohibit any work or any portion thereof that cannot be conditioned to meet such standards.
(3) 
The Order may impose conditions on work outside Protected Resource Areas when, in the opinion of the Commission,
(a) 
Such work will have a direct impact on a Protected Resource Area by virtue of changes in the characteristics of storm drainage discharged to that Area from the property, or
(b) 
Such work is directly connected with work to be undertaken within a Protected Resource Area and the only practical way to protect the interests of the Bylaw is to regulate the project as a whole.
(4) 
When the Commission has determined that an activity outside the Areas Subject to Protection Under the Bylaw and outside the Buffer Zone will in fact alter or has in fact altered an Area Subject to Protection Under the By-law, it shall impose such conditions on any portion of the activity as are necessary to contribute to the protection of the interests identified in the Bylaw.
(5) 
The Commission shall have the authority to deny any NOI application for which:
(a) 
The application is incomplete and the applicant fails to provide the Commission with additional information that the Commission deems necessary in order to evaluate the potential impacts of the proposed project on the wetland values; and/or
(b) 
The proposed work or activity does not meet the performance standards specified herein and cannot be conditioned to meet the performance standards specified herein.
(6) 
The Order shall be approved and signed by a majority of the Conservation Commission, which can be done at any time prior to the 21st day. The Order shall be valid for a period of three years, provided, however, that the Commission may issue an Order for a minimum of three years or a maximum of five years where special circumstances warrant and where those special circumstances are set forth in the Order.
F. 
Notice of intent order of conditions recording.
(1) 
Prior to the commencement of any work permitted or required by the Order, the Order shall be recorded in the Worcester North District Registry of Deeds or Land Court within the chain of title of the affected property. In the case of recorded land the final order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the final order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. Certification of recording shall be promptly sent to the Commission. Work may not commence until the Order is recorded. If work is undertaken without the applicant first recording the Order, the issuing authority may revoke the Order of Conditions, may issue an Enforcement Order or may itself record the Order of Conditions at the owner's expense.
(2) 
The Commission administrator must be notified in writing 48 hours prior to the commencement of any site work and erosion control installation for the scheduling of inspection.
G. 
Notice of intent appeals.
(1) 
Any person aggrieved by the decision of the Commission, whether or not previously a party to the proceeding, may appeal the decision according to the provisions of M.G.L. c. 249, § 4.
H. 
Notice of intent extensions.
(1) 
The Commission may extend an Order for up to three years. The request for an extension shall be made to the Commission in writing at least 30 days prior to expiration of the Order.
(2) 
The Commission may deny the request for an extension and require the filing of a new Notice of Intent for the remaining work in the following circumstances:
(a) 
Where no work has begun on the project within a period of three years from the date of issuance of the Order, except where such failure is due to unavoidable delays, in the obtaining of other necessary permits;
(b) 
Where new information, not available at the time the Order was issued, has become available and indicates that the Order is not adequate to protect the interests identified in the Bylaw;
(c) 
Where incomplete work is causing damage to the interests identified in the Bylaw;
(d) 
Where work has been done in violation of the Order or these regulations; or
(e) 
Where regulations have changed.
(3) 
The Extension Permit shall be recorded in the Land Court or the Registry of Deeds, whichever is appropriate, and certification of recording shall be promptly sent to the Commission. If work is undertaken without the applicant so recording the Extension Permit, the Commission may revoke the extension, issue an Enforcement Order or may itself record the Extension Permit at the owner's expense.
I. 
Notice of intent certificates of compliance issuance.
(1) 
Upon written request by the applicant, the Commission shall issue a Certificate of Compliance within 21 calendar days of receipt thereof provided that the activity or portions thereof described in the Notice of Intent and accompanying plans have been completed in compliance with the Order. If a project has been completed in accordance with plans stamped by a registered professional engineer, an as-built and a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviations if any, exists from the plans approved in the Order shall accompany the request for a Certificate of Compliance.
(2) 
Prior to the issuance of a Certificate of Compliance, a site inspection shall be made by the Commission and/or its agent. If requested by the applicant, the site inspection shall be performed in the presence of the applicant or the applicant's agent.
(3) 
If the Commission determines, after a 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 shall be issued within 21 days of receipt of the request, shall be in writing, and shall specify the reasons for denial.
(4) 
If the final Order contains conditions which continue past the completion of the work, such as maintenance or monitoring, the Certificate of Compliance shall specify which, if any, of such conditions shall continue. The Certificate shall also specify to what portions of the work it applies to, if it does not apply to all the work regulated by the Order.
(5) 
The Certificate of Compliance shall be recorded in the Land Court or Registry of Deeds, whichever is appropriate. Certification of recording shall be promptly sent to the Commission. Upon failure of the applicant to so record, the Commission may do so at the applicant's expense.
J. 
Abbreviated notice of resource area delineation.
(1) 
Any person requesting approval of a resource area delineation shall submit to the Commission an Abbreviated Notice of Resource Area Delineation consisting of application materials required for an Abbreviated Notice of Resource Area Delineation under M.G.L. c. 131, § 40 and 310 CMR 10.00 and containing such additional materials as the Commission may require to fully describe the resource areas on site and within 100 feet of the subject property. Each such notice shall be accompanied by a filling fee to be determined in accordance with a fee schedule established by the Commission.
(2) 
A public hearing shall be held by the Commission within 21 days of the receipt of said Notice. Notice of the time and place of said hearing shall be given by the Commission at the expense of the applicant not less than five calendar days (excluding weekends and holidays) prior to such hearing by publication in a newspaper of general circulation in Lunenburg. The applicant shall be responsible to notify all abutters by certified mail, certificate of mail or hand delivery (signed by abutter).
(3) 
When considering an Abbreviated Notice of Resource Area Delineation during adverse weather conditions, it shall be left to the discretion of the Conservation Commission and/or their agent as to whether field conditions are conducive to an accurate verification of the resource area delineation.
(4) 
Within 21 days of closing the hearing, said determination shall be approved and 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 owner. Said determination shall be valid for three years from the date of issuance.
(5) 
The decision of the Commission may be appealed according to the provisions of M.G.L. c. 249, § 4.
K. 
The Commission may extend an Order of Resource Area Delineation for up to three years. The request for an extension shall be made to the Commission in writing at least 30 days prior to expiration of the Order.
(1) 
The Commission may deny the request for an extension and require the filing of a new Notice of Resource Area Delineation for the following circumstances:
(a) 
Where new information, not available at the time the Order was issued, has become available and indicates that the Order is not adequate to protect the interests identified in the Bylaw;
(b) 
Where incomplete work is causing damage to the interests identified in the Bylaw;
(c) 
Where work has been done in violation of the Order or these regulations; or
(d) 
Where regulations have changed.
(2) 
The Extension Permit shall be recorded in the Land Court or the Registry of Deeds, whichever is appropriate, and certification of recording shall be promptly sent to the Commission. If work is undertaken without the applicant so recording the Extension Permit, the Commission may revoke the extension, issue an Enforcement Order or may itself record the Extension Permit at the owner's expense.