07/22/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT#1* OCTOBER 21, 2019 Annual Town Meeting Warrant Explanation: The Conservation Department no longer has an approval procedure called "Administrative Review Level 1". Replacing this phrase with "permit application"accurately reflects the current procedures The existing language in Subsection (A)(2) must include this prefacing language as it is required under the Massachusetts Wetlands Protection Act (310 CMR 10.05(4)} and thus must be reflected in the local bylaw Article To see if the Town will vote to amend Chapter 172.5 of the General Bylaws as follows: Delete Section 1.72-5(B) and replace the language (B) as follows: "Any applicant filing a Request for Determination of.Applicability or Notice of intent for activities on property other than their own must provide written authorization of the requested activity from the property owner at the time of filing. Notice and copy of the permit application must also be mailed certified to the owner" or take any other action relating thereto. Submitted by the Conservation Department Explanation: Sometimes, an applicant will request work to be done, either wholly or partially, on property not owned by the applicant (for example, a hazardous tree is requested to be removed by an applicant and the tree lies on a neighboring property in close proximity to the applicant's home) In these instances, the applicant is required to provide documentation of written permission from the property owner and have this documented permission accompany the permit application. The existing language requires notification to be provided to the property owner if the applicant is not the property owner; however, it is necessary to have this permission in writing before the permit application is placed on a meeting agenda, so the other property owner is aware of the request prior to a given meeting. Article To see if the Town will vote to amend Chapter 1727 of the General Bylaws as follows: Amend the language of Chapter 172-7(A) as follows: Replace the phrase "significant or cumulative effect"with "adverse impacts"or take any other action relating thereto. Submitted by the Conservation Department Explanation:The term "adverse impact'is used to describe a threshold of alteration within wetlands jurisdiction that is considered beyond negligible. It is referenced throughout the Massachusetts State Wetlands Protection Act. In order to establish consistency of proper terminology between the Chapter 172 Wetland Bylaw and the MA State Wetlands Protection Acts, this change of wording is necessary. 8