05/04/2015 Annual Town Meeting - Laserfiche WebLink

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Article 26 To see if the Town will vote to amend the General Bylaws as follows: Amend Section 172-5.A.(2) by deleting the first sentence and amend the second sentence to read as follows: "Notice to Abutters shall be by certified mail, return receipt requested, and shall be received by said abutters no less than five (5) days prior to the date of the hearing. Said notice shall be in a form prescribed by the Commission, shall specify the time and date of said hearing, shall describe the proposed activity and the location thereof and shall state where the application and plans may be examined by interested parties. The Commission and/or its Agent, at its discretion, may require the applicant to notify (in the same aforementioned manner) additional property owners, to include all property owners within three hundred (300) feet of the boundary of the property on which the work is proposed. If such additional notification is deemed necessary by the Commission, notice of such shall be provided to the applicant with the written notice of the time and date of the hearing for said notice of intent." And by adding the following new Subsections 172-5.A.(2)(a) and 172-5.A.(2)(b) a. Definitions • Linear-shaped Project for purposes of 310 CMR 10.05(4) means a project that is substantially longer than it is wide and is a project for the construction, reconstruction, or substantial enlargement of facilities that will be used in the service of the public or provide electric, gas, sewer, water, telephone, telegraph and other communication services, a project by a public agency or authority for the construction, reconstruction, expansion, repair or maintenance of public roads, bike paths, or other paths for pedestrians, or public railways. • Project Locus means the lot on which an applicant proposes to perform an activity subject to regulation under M.G.L. c. 131 §40. • Project Site means the area within the Project Locus that comprises the limit of work for activities, including but not limited to, dredging, excavating, filling, grading, the erection, reconstruction or expansion of a building or structure, the driving of pilings, the construction or improvement of roads or other ways, and the installation of drainage, storm water treatment, environmentally sensitive site design practices, sewage and water systems. b. Notice Requirements Any person filing a notice of intent or request for an amended order of conditions with the Commission shall, after being given written notice by the Commission of the time and date of the hearing required, provide notification to all Abutters. Notwithstanding the foregoing, the requirement to provide Abutter notification is subject to the following provisions. An applicant is required to provide notification to an Abutter whose Lot is separated from the Project Locus by a public or private street or body of water only if the Abutter's Lot is within one hundred feet from the property line of the Project Locus. An applicant who proposes work solely within Land Under Water Bodies or Waterways, or solely within a Lot with an area greater than fifty acres, is required to provide notification only to Abutters whose Lot is within one hundred feet from the Project Site. An applicant proposing a Linear-shaped Project greater than one thousand feet in 25