On April 3, 2006, the Board of Health held a
public hearing, pursuant to MGL C. 41, § 81Q and MGL C.
40A, § 9, to consider a proposed change in fee structures and
regulations governing their imposition. At the close of that meeting
the Board of Health voted to adopt a new schedule of fees for the
review work, conducted by the Board of Health and its consultants,
on the various types of applications which come before it. This document,
subject to revision from time to time in a manner spelled out within,
constitutes the current fee schedule and those rules governing the
imposition of fees.
A. In the past, fees imposed for the consideration of
various types of applications have been approximations of the costs
of processing those applications. These new regulations and fees are
designed to produce, as much as possible, a more equitable schedule
of fees which more accurately reflects the costs of review. It is
not possible to guarantee complete accuracy in a fee structure, but
the Board of Health has analyzed applications going back more than
10 years in an attempt to forge a system that is as fair and equitable
as possible.
B. In late 1989 the state enacted legislation authorizing towns to establish special accounts, hereafter
referred to as "593 Accounts," to pay for the employment of outside
consultants. Fees charged to applicants specifically to pay outside
consultants are to be deposited into these 593 Accounts by the Town
Treasurer. The Board of Health may then expend the funds, without
Town Meeting appropriation, in connection with the employment of these
consultants. With the addition of this new structure, the Board of
Health is able to create a more exact method of assessing fees.
The Board of Health shall impose reasonable fees for the review of applications which come before it. One or both of the following fee structures (§
278-3. Administrative fees, and §
278-4, Project review fees) may apply to various types of applications: