1986-TOWN MEETING RECORDS - GREEN

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s - - Page Fourteen Falmouth,Mass.,Friday,April 18, 1986 =WMFWMp - . Section 4.3.4 Application for Permits and Requests for Section 4.3.6 Coordination With Other Boards ;t Determination Any person filing a permit application or a request for determination with the Com- Written application shall be filed with the mission shall provide a copy thereof. at the 0 - Commission to perform activities regulated 'A by this bylaw affecting resource areas pro- same time, by certified mail , to the Town tected by this bylaw. The application shall Counsel/Board of Selectmen, Planning Board, - Board of Appeals, Board of Health, Building include such information and plans as are deemed necessary by the Commission to inspector, the Waterways Commission and the ij Shellfish Commission. The Commission shall - describe proposed activities and their not take final action "until "such boards and effects on the environment. No activities officialshavehad 14 days from receipt of - shall commence without receiving and comply- notice to file written comments and recom- �,i ing with a permit issued pursuant to this men dations with the Commission- which the :i , •.� bylaw. Commissions shall take into account but which shall not be binding on the Commisison. The - ti i� applicant shall have the right to receive The Commission in an appropriate case may any such commentsandrecommendations, and °i accept as the application and plans under to respond to them ata hearing o4 the Com- ion, prior to final action. " this bylaw the Notice of and plans _ filed under the Wetlands.Protection Act, ' -,j - G.L. c .131 , Section 40. i Section 4.3.7 Permits, Determinations, and Conditions ti Any person desiring whether or not proposed If the Commission after a public hearing activity or an area is subject to this bylaw determines that the activities which are the may in writing request a determination from subject of the application are likely to the Commission. Such a request for determi- have significant or cumulative effect upon nation shall contain data ane al plans speci- the wetland values protected a this bylaw, ,1 Pied by the regulations of the Carni ssion. - the Commission, within 21 days of the close of the hearing, shall issue or deny a permit for the activities requested. If .itissues At the time 04 an application or request the a permit, the Commission shall impose con- applicant shall pay a filing fee specified ditions which the Commission deems necessary in regulations o4 the Commission. This fee or desirable to protect those values, and i - is in addition ,to that required by the Wet- all activities shall be done in accordance lands Protection Act, G.L. -c.131 , Section with those conditions. i 40. The Commission may waive the filing fee on an application or request Filed by a The, Commission is empowered to deny a permit E government agency and may waive it for a re- for failure to meet the requirements o4 this quest for determination of applicability bylaw; for failure to submit necessary filed by a person having no financial con- information and plans requested by the Com- - nection with the property which isthe sub- mission; for failure to meet the design ject of the request, specifications, performance standards, and - 1 - other requirements: in regulations of the I - - - - Commission; for failure to avoid or prevent unacceptable significant or cumulative - effects upon the wetland values protected i Section 4.3.5 Notice and Hearings by this bylaw; and where no conditions are I '• adequate to protect those values. Due - �, % Any person filing. an application or a re- - consideration shall be given to any demon- quest for determination with the Commission strated hardship on the applicant by reason at the same time shall give written notice of denial , as presented at the public hear- thereof., by certified mail , to. all abuttors ing. - r according to the most recent records o4 the - assessors, including those across a traveled A permit shall expire 'three years from the way or a body of waterand including any in date of issuance. Notwithstanding -the t another municipality. he notice - above, the Commission in its discretion may abuttors shal l, enclose a copy of thehe appli- � issue a permit expiring five years from the y date of issuance for recurring or continu- cation or request, with plans, or shall - ous maintenance work, provided that annual state where copies may be examined and ob- notification of time and location of work tained by abuttors free of charge. When a is given to the Commission. Any permit may person requesting a determination is other . than the owner, the request, the notice of - be renewed once for an additional one year P provided that a request for renewal the hearing and the determination itself shall be sent by the Commission to the is received in writing by the Commission prior expiration. - - owner as well as to the person making the - request. An .affidavit of the applicant or , For good cause the Commission may revoke or of the person-mailing such notice in his modify a permit issued under_}_t -bylaw behalf, together with an attested copy of after put31 i�rrdt-ice and publ is hearing, and the notice mailed, shall filed with the notice to the holder of the permit . The Commission prior to the heeaa ring. time requirements specified in section 4.3.5 ' - The Comm ission shall conduct a public hear- shall be applicable. ing on any application or request for deter- mination, with written notice given at the - The- Commission in an appropriate case may expense of the applicant, five •working prior to the hearing, in a newspaper of general - - combine the permit or other action on an application issued under this bylaw with - circulation in the municipality. the order of conditions issued under the The Commission shall commence a public hear- - Wetlands Protection Act. - _ ing within 21 days from receipt of a can- No work proposed in any applicationshallbe i plated application or request for determine- undertaken untiltheI . - tion. � permit issued by the I - Commission with respect to such work has been recorded in the registry of deeds or, I The Carmissi on shall issue its permit or if the land affected thereby be registered determination in writing within 21 days of land, in the registry section of the land ` the close of the public hearing thereon, court for thedistrictwherein the land unless otherwise extended by the written lies and, until the holder of the permit authorizati.on of the applicant. I - certifies in writing that the permit, has I u been so recorded. The in an appropriate case may mm combine its hearing under this bylaw with - the hearing conducted under the Wetlands - i Protection Act G.L. c .131 , Section 40. - Section 4.3.8 Regulations ' . The Commission shall have the authority to r 'r I continue the. hearing to a date certain - After a. public notice and public hearing announced at the hearing, for reasons stated - the Commission shall. pronulgate rules and at the hearin .which may include receipt regulations to. effectuate the I - 9 t of� P - 9 Purposes o4 i additional information offered by the appli- this bylaw. Failure by the Commission to cant or others, additional information and promulgate such rules and regulations or 1 plans required of the applicant, deemed a legal declaration of their invalidity I, necessary by the Calm ission in its discre- - by a court of law shall not act to sus- tion, or comments and recommendations of pendorinvalidate the effect of this boards and officials listed in 4.3.6. In bylaw. I the event the applicant objects to a con- tinuance or postponement, the hearing shall At a minimum these regulations shall define I - be closed and the Commission shall take Key -terms inthisbylaw not inconsistent I action on such information as is available. with this bylaw.