§ 18.01.090. Notice and hearings.

A.

General provisions.

1.

Any person filing a permit application (notice of intent), request for determination of applicability, request for amendment to order of conditions, or any other application for consideration by the commission (hereinafter referenced as "the application") shall submit all documents and items required by this chapter or as may be required by any other applicable state or municipal regulation that pertain to the subject matter of the application submitted.

2.

The applicant shall file all applications, forms, documents, and any other information necessary or required to complete or support the permit application (notice of intent), request for determination of applicability, request for amendment to order of conditions, or any other application for consideration by the commission with a written request for hearing before the commission. The application shall be submitted to the commission or the commission administrator at the mailing address designated for the commission. Upon receipt of the application, the commission or the commission administrator shall schedule a public hearing or public meeting date and time. The commission or commission administrator shall forward written confirmation of the public hearing or public meeting date and time to the applicant or the applicant's representative which shall contain the following information:

(1)

The date of public hearing or public meeting;

(2)

The form of relief sought (i.e., notice of intent, request for determination of applicability, etc.); and

(3)

Any other information deemed necessary and appropriate by the commission or commission administrator.

3.

The commission shall conduct a public hearing or public meeting on an application for the issuance of a permit with written notice of the said public hearing or public meeting issued in accordance with the notice and service provisions of this chapter. The commission may require notice of public hearing or public meeting be completed by the applicant filing a request for determination of applicability if deemed appropriate or necessary by the commission.

4.

In addition to any notice and/or service requirements of this chapter, the applicant shall be responsible for the payment of all costs of publication incurred as a result of any notice that may be required concerning the publication of notice of public hearing or public meeting regarding any matter that pertains to any application. The applicant shall provide the commission or the commission administrator with the payment of the estimated publication costs which shall be paid to the commission or commission administrator on the date the application is filed or required to be filed. Payment of publication costs shall be in the form of a bank check, certified check, money order, or postal order. Any payment of costs or fees provided to the commission or any of its agents in the form of cash or personal check will not be accepted or received at any time. The commission or the commission administrator shall cause a notice of public hearing or public meeting to be published in a newspaper of general circulation in the municipality, chosen at the discretion of the commission or the commission administrator. The notice of public hearing or public meeting shall be published pursuant to the provisions of this chapter no later than five days before the date set for public hearing or public meeting.

5.

The commission shall commence the public hearing or public meeting within 21 days from receipt of a completed permit application or request for determination of applicability unless the applicant authorizes an extension in writing.

6.

The commission shall issue its permit or determination in writing within 21 days of the close of the public hearing or public meeting thereon unless the applicant authorizes an extension in writing.

B.

Notice of public hearing requirements. After the public hearing date is confirmed by the commission or commission administrator, the applicant shall be responsible to complete the following notice provision requirements:

1.

The applicant requesting a public hearing shall prepare a type written document on paper no less than eight and one-half inches by 11 inches which shall be entitled "Notice of Public Hearing" with all letters being capitalized, no less than 14 point pica, located no more than two inches from the top of the page, and centered at the top of the page. Said notice shall provide a statement referencing the date of the public hearing, the time of hearing, the address and/or location of public hearing. Said notice shall further provide notice of the form of application (i.e., request for determination, notice of intent) to be presented to the commission at the public hearing and a written summary of the subject matter providing information concerning the requested relief sought and the intended result of the application to be presented before the commission at the public hearing.

2.

The applicant shall give written notice of the public hearing to all abutters within 300 feet of the property line subject of the application as they appear on the most recent applicable tax list, notwithstanding that the abutter is located in another city or town, including owners of land directly opposite on any public or private street or way including any property owners of any other city or town across a body of water, if applicable. Applications that concern property with pond frontage shall provide notice to all property locations and owners with frontage on the pond or members of any pond association that may be in existence.

3.

The applicant shall additionally file one copy of a complete application with a notice of public hearing as provided herein to the city engineer and building commissioner. A copy of said notice of public hearing shall be provided in the same manner to the conservation commission of the adjoining municipalities, if the application or request for determination pertains to property with a property line within 300 feet of those municipalities. City departments, municipal agencies, boards, or commissions shall have ten days from receipt of notice, or such additional time as the commission may allow, to file written comments and recommendations with the commission, which the commission shall consider but which shall not be binding on the commission. Any city department, municipal agency, board or commission may alternatively send a representative to attend the hearing and provide comment or opinion on behalf of the department, municipal agency, board, or commission regarding the subject matter presented to the commission. The commission may consider any and all information provided by any city department, municipal agency, board or commission on their behalf which shall be advisory and not binding upon the commission in its determination of any matter presented.

4.

In addition to the notice requirements provided herein, the commission, upon reasonable request or upon its own initiative, may allow or require the applicant to employ alternative methods of providing notice of public hearing and may determine the manner of completing and confirming any such form of notice as may be necessary or required. Alternative methods of notice shall include, without limitation, notice by publication, telephonic communication, electronic communication, e-mail communication, fax communication or any other form of notice reasonably calculated to provide notice of public hearing as determined by the commission.

5.

All notices of public hearing sent to abutters and any other individual, person, or entity pursuant to this chapter shall be sent by regular mail and certified mail/return receipt requested, postage prepaid. The applicant may choose to provide additional notice of public hearing by in-hand service in addition to the required notice of public hearing by regular mail and certified mail/return receipt requested. All notices of public hearing delivered in-hand shall be served upon the individual, person, or entity no later than fourteen (14) days prior to the date for any hearing.

6.

The applicant shall confirm delivery of all notices of public hearing sent by mail or served in-hand to any individual, person, or entity by filing a document entitled "certificate of service" which shall contain the following information:

(1)

The name and address of each individual, person, or entity served;

(2)

The manner of service (i.e., regular mail/postage prepaid, certified mail/return receipt requested/postage prepaid, in-hand delivery;

(3)

The date said notice of hearing was mailed or served in-hand; and

(4)

A signed statement which shall include substantially the following language:

 "I, the undersigned, hereby certify that I have caused the above notices of public hearing to be served upon the individuals and entities named, in the manner stated, and upon the date(s) provided. Signed this the ____________ day of ____________ , (year)", (signature)(date). This statement shall be filed with the application filed with the commission or the commission administrator no later than five days from the date set for public hearing.

7.

The applicant shall provide the commission or the commission administrator with a copy of the list of abutters which shall be filed with the application. Each abutter listed on the list of abutters shall be certified by the assessor of the city or town where the abutters' property may be located.

8.

The applicant shall provide the commission or the commission administrator with the original or a copy of the original return receipt forms/cards for all certified mail/return receipt sent, any and all unclaimed certified return receipt mailings, all undeliverable or returned regular mail envelopes, and any other document evidencing service of the notice of hearing sent pursuant to the provisions of this chapter. Said documents shall be deposited with the commission or the commission administrator no later than the day set for hearing. Any and all documents submitted in compliance with this subsection shall become the property of the commission and become part of the commission record.

C.

Minimum application requirements. In addition to required filings or other documents to be included with the application as may be provided in any section, part, or paragraph of this chapter, the applicant shall comply with the following application requirements:

1.

The applicant shall prepare and file the following documents, items, and information with the application:

a.

One original and seven copies of the application form which shall include any and all plans, depictions, surveys, photographs, studies, and any other document or information for consideration by the commission at the hearing.

b.

Documented evidence concerning the current ownership of the property or site subject to the application or matter for consideration by the commission. Such evidence may include, without limitation, a title deed to the property or land subject to the application.

c.

Any applicant who intends to allow any other person or entity represent them at the hearing shall file written authorization of representation with the application submitted. Said authorization shall provide:

(1)

The name of the applicant,

(2)

The applicant's signature,

(3)

The name, address of all authorized representatives,

(4)

The business firm or title of the authorized representative,

(5)

The signature of each authorized representative (or the signature of an authorized executive of the firm if representation is provided by a firm), and

(6)

The date for each signature provided.

d.

If the application concerns property or real estate held in trust, the applicant shall file a "trustee certificate" which shall state the name and address of the authorized or representative named to act on behalf of the trust in addition to the requirements stated in subsection C.1.c. herein.

e.

If representation is to be provided by a lawful fiduciary, the applicant shall file a certified copy of any appointment of the fiduciary by a court of competent jurisdiction in addition to the requirements provided in subsection C.1.c. herein.

f.

If a document or item is necessary to the determination of any matter presented in the application and said document and/or item cannot be obtained or provided for any reason, the applicant shall provide a statement of reasons for failing to provide such document(s) or item(s) (i.e., voluminous materials, historically archived document, unavailable document, item cannot be obtained or moved). The applicant shall provide a summary of the contents of any such document(s) and/or description of any such item(s) along with a statement of its purported relevance to the application submitted for consideration by the commission. The statement shall also provide the name or title of each document omitted, the name or title of each item omitted, the name and address of the owner of such document or item (if known), the location of each document or item by address, and any dates and times that each document or item may be viewed or examined.

D.

Requests for determination of applicability.

1.

The commission may waive any part, all, or none of the application or notice requirements provided herein if the applicant seeks a "request for determination of applicability" and only seeks to obtain an informal opinion or a letter of determination concerning the applicability of any provision of this chapter from the commission.

2.

The applicant filing a request for determination of applicability shall prepare and file one original and seven copies of the request for determination form which shall include any and all plans, depictions, surveys, photographs, studies, and any other document or information for consideration by the commission at the hearing on a request for determination of applicability.

E.

Miscellaneous.

1.

Consolidation of hearing. The commission, in an appropriate case, may combine its hearing under this chapter with the hearing conducted under the Wetlands Protection Act, MGL chapter 131, section 40, and regulations, 310 CMR 10.00, as they may be amended.

2.

Continuances. The commission shall have authority to continue the hearing to a date certain announced at the hearing, for reasons stated at the hearing, which may include, without limitation, receipt of additional information offered by the applicant or others, additional information and/or plans required of the applicant as deemed necessary by the commission, or based upon comments and recommendations of other boards and officials. In the event the applicant objects to a continuance or postponement, the hearing shall be closed and the commission shall take action on such information as is available. Any continuance or postponement of the hearing shall require approval by a majority of the commissioners then present.

3.

Quorum defined. A "quorum" is defined as a majority of the members of the commission. The commission is made up of five members; three make a quorum.

(Ord. dated 11/15/05 (part))