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Holliston Conservation Commission
Policies and Procedures
Consultant Hiring Procedure
- Provide the applicant with the "Holliston Conservation Commission Approved
Consultant List".
- Ask the applicant to select a first and second choice.
- Contact the first-choice consultant to determine availability. Send the consultant a scope
of work and request an estimate. If not available, contact the second choice.
- Consultant shall send their bills for consulting services to the Holliston Conservation
Commission for their approval.
- Commission will forward bill to applicant for payment.
Procedures Regarding Comprehensive Permit Applications
The Holliston Conservation Commission, upon request from the Zoning Board of Appeals, shall review plans provided by the ZBA or by an Applicant for a Comprehensive Permit under the State Chapter 40B Section 20-23 process. The following information and guidelines shall form the basis for reviews by the Commission.
- The Comprehensive Permit process does not set aside local Bylaws, but rather places the rulemaking authority for multiple local Boards under the coodrdination of the ZBA in order to simplify the permitting process for Applicants.
- The Mass Department of Housing and Community Development's Housing Advisory Committee, in providing "Guidelines for Local Review of Comprehensive Permit Applications (see http://www.state.ma.usDHCD/components/hac) , has interpreted the enabling legislation to provide ZBA with the authority to act for all local Boards, including the Conservation Commission. There is some question whether Chapter 40B Sections 20-23 provides the authority to set aside Home Rule local bylaws, which, as non-zoning laws, may not fall under ZBA jurisdiction. Until subsequently clarified by case law, the Commission shall work closely and cooperatively with the ZBA to ensure that all applicable local regulations governing wetlands protection in Holliston under the home rule bylaw are applied to Comprehensive Permit projects consistently , fairly and in the same manner as they would be applied to market-rate projects.
- Ch 40B Section 20-23 filings are clearly not exempt from the State Wetlands Protection Act, and do not constitute any form of Limited Project or other exemption under the State Wetlands Protection Act. If the project proposes work within an area subject to State jurisdiction under the Wetlands Protection Act (Chapter 131 Section 40 and its regulations 310CMR 10), or within an area subject to local jurisdiction under the Bylaw (Article XXX and its regulations the Applicant must file the necessary permit applications with the Conservation Commission.
- All applicable fees, including consultants fees necessary to review and permit the project, are to be paid either by the Applicant or the ZBA, which has the authority to have applicable costs paid by the Applicant. Such fees must be reasonably related to costs incurred in reviewing the application and permitting the project and may not be higher than fees ordinarilay charged for comparable permits.
- The enabling legislation, Section 21 of Chapter 40B states that before conducting the Comprehensive Permit hearing, "the board of appeals shall request the appearance at such hearing of such representatives of said local boards…and, in making its decision on said application, shall take into consideration the recommendations of the local boards…". HAC guidelines stress that "Input from local boards and professional staff is critical to sound, well documented permit decisions."
- The Housing Advisory Committee guidelines state "The law enables a local Zoning Board of Appeals (ZBA) , in consultation with other local boards and officials, to grant a single permit to an eligible developer proposing state or federally sponsored low or moderate income housing. It also permits the Board to override local requirements and regulations that are inconsistent with affordable housing needs if environmental and planning concerns have been addressed."
- The Housing Advisory Committee guidelines state "The Conservation Commission and the Board of Health have separate jurisdictions, which are not subsumed within the comprehensive permit process. They should conduct separate hearings relating to state requirements in their areas(i.e., the Wetlands Protection Act and state "Title 5" septic regulations). However, local bylawas or regulations enforced by these boards that are more restrictive than state requirements may be waived by the ZBA if requested by the applicant and if waiver is consistent with local needs."
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The Housing Advisory Committee guidelines state "In considering conditions that might be imposed on a project, the Zoning Board of Appeals should focus on the health, safety, environmentsl, design, open space and planning impacts of the development. The Board may impose conditions either to eliminate or to mitigate the adverse impact of the development." "Conditions must not be imposed in a manner that places additional burdens on an affordable housing development that would not be imposed in similar circumstances upon market-rate housing."
- The statute requires that a comprehensive permit be granted when it is "consistent with local needs," and describes a balancing test. That is, on some sites it may be possible to bujild affordable housing that does not complyh with certain local restrictions, but nevertheless has no negative impact on local health, safety, environmental, design, open space and planning concerns. For other sites, the impact on these local concerns may be limited enough so that these concerns are outweighed by the need for low and moderate-income housing.
In accordance with the above information, the Commission shall review materials as provided by the ZBA or the Applicant for compliance with the Holliston Wetlands Bylaw(Article XXX of the Bylaws of the Town of Holliston). If conducted in parallel with the Commission's review under the State Act, the Order of Conditions for the project shall clearly identify the provisions and conditions applicable under the State Act from those applicable under the local Bylaw.
Expired Orders Of Conditions Policy And Procedures
DEP's WPA Form 5, Order of Conditions, states:
"4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance."
"5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order."
At their meeting of November 26, 2002, the Conservation Commission voted to adopt the following Policy and Procedures regarding expired Orders of Conditions:
Policy:
An Order of Conditions ("Order") that has expired as a result of the applicant's failure to request an extension, as detailed in the Order, shall no longer be valid. The applicant shall need to file a new NOI and receive a new Order of Conditions for work subject to regulation under the Wetlands Protection Act or Article XXX.
Procedure:
Upon expiration of the Order, a Form 8B (Certificate of Compliance for an Invalid Order of Conditions) shall be issued by the Commission and the project's DEP file shall be closed. A letter shall be sent to the applicants informing them that:
- their Order of Conditions has lapsed and is therefore no longer valid, and
- no work subject to regulation under the Wetlands Protection Act or Holliston
Article XXX may commence without filing a new Notice of Intent and receiving a new Order of Conditions.
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