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i Section 4.3.4 Application for Permits and Requests for newpaper of general circulation in the Town not less Determination than five business days prior to the hearing. Written application shall be filed with the Commis- No such application shall be deemed complete un- , sion to perform activities regulated by this bylaw affec- til all other obtainable local permits and licenses for ting resource and adjacent areas protected by this bylaw. the proposed activity have been issued and copies The application shall include such information and plans thereof filed with the Commission. In the event of a as are required by the Rules and Regulations of the Com- demonstrated hardship, the Commission may waive mission and, such application shall be amended to include this requirement upon request of the applicant. such further information and plans as may subsequently The commission shall issue its determination or an by deemed necessary by the Commission upon review to order of conditions concerning the proposed activity describe proposed activities and their effects on the en- within 21 days after the close of the public hearing. vironment.No activities shall commence without receiv- The public hearing may be continued by the Commis- ing and complying with a permit issued pursuant to this sion, with the consent of the applicant, to a date cer- bylaw.A negative determination of applicability shall be tain announced at the hearing, for the receipt of ad- deemed to be a permit for the purposes of this Section ditional information or plans deemed necessary by the 4.3.4. Commission from the applicant or others or for com- The Commission in an appropriate case may accept ments and recommendations of boards and officials as the application and plans under this bylaw the Notice as provided in Section 4.3.6. In the event that an ap- of Intent and plans filed under the Wetlands Protection plicant objects to a continuance or neglects to furnish Act, General Laws, Chapter 131, Section 40. information requested by the Commission, the hear- Any person desiring to know whether or not propos- ing shall be closed and the Commission shall act upon ed activity or an area is subject to this bylaw may in such information as is before it. writing request a determination from the Commission. The Commission in an appropriate case may com- Such a request for determination shall contain data and bine the hearing under this bylaw with that conducted plans specified by the regulations of the Commission. pursuant to the Wetlands Protection Act, At the time of an application or request the applicant Massachusetts General Laws, Chapter 131, Section 40. shall pay a filing fee specified in regulations of the Com- Section 4.3.6. Coordination with Other Boards mission. This fee is in addition to that required by the Wetlands Protection Act, General Laws, Chapter 131, Any person filing an application or a request for Section 40. The Commission may waive the filing fee in determination with the Commission shall provide such an application or request filed by a government agency. notice thereof at the same time to Town agencies as prescribed by regulations of the Commission. The ap- Section 4.3.5 Notice and Hearings plicant or his representative shall furnish a sworn af- Any person filing application or a request for deter- fidavit as to such notification. a mination with the Commission shall, within 5 days Section 4.3.7.Permits,Determinations,and Conditions thereafter give notice thereof,by certified mail,return If the Commission after a public hearing determines receipt requested,to all abutters and the owners of pro- that the activities which are the subject of the applica- f" perty within 300 feet of the boundry of the property tion are likely to have significant or cumulative effect on which work is proposed, according to the most re- upon the wetland values protected by this bylaw, the cent records of the Assessors including those across Commission, within 21 days of the close of the hear- a way or a body of water and in another municipali- ing, shall issue or deny a permit for the activities ty. Said notice shall be in a form as prescribed by the requested. If it issues a permit, the Commision shall ., Commission, shall describe the proposed activity and impose conditions which the Commision deems the location thereof and shall state where the applica- necessary or desirable to protect those values, and all tion and plans may be examined by interested parties. activities shall be done in accordance with those When the filer of a request for determination is conditions. other than the owner, the notice and copy of the re- The Commision is empowered to deny a permit for quest shall also be mailed to the owner. failure to meet the requirements of this by-law; for The sworn affadavit of the applicant, or his failure to submit necessary information and plans re- representative,as to such notification together with a quested by the Commission; for failure to meet the copy of the notice,a list of addreses and return receipts design specifications, performance standards, and shall be filed within the Commission prior to the other requirements in regulations of the Commission; hearing. for failure to avoid or prevent unacceptable signifi- The Commission shall conduct a public hearing cant or cummulative effects upon the wetland values f , within 21 days after receipt of a complete application protected by this by-law; and where no conditions are or request for determination. Notice thereof, at the adequate to protect those values. expense of the applicant, shall be published in a - 35 -