Commonwealth of Massachusetts

Town of Northbridge

PROCEEDINGS OF SPRING ANNUAL TOWN MEETING

TUESDAY, MAY 6, 2008

Northbridge Middle School

Linwood Avenue

The Spring Annual Town Meeting was called to order at 7:05 P.M. by the Moderator, Harold D. Gould, Jr., at the Northbridge Middle School Auditorium on Linwood Avenue, in Whitinsville, in said Northbridge, Massachusetts. The Moderator declared the Town Quorum of 50 present. The invocation was given by the Reverend Stanley VanderKlay, and was followed by the pledge of allegiance to the American Flag.

The Moderator introduced the following people as special attendees: Northbridge High School teacher, Rene Lafayette, who teaches a class called Citizenship In Action to high school seniors and three of his students, Eric Mead, William Andersen, and Ryan Duvernay. Mr. Gould explained that their presence at Town Meeting was part of their class work, which also included a session at the High School with Mr. Gould as their guest speaker.

In accordance with the Town Charter Article 2 Section 2-2, the Moderator appointed Dennis E. McCowan as Deputy Moderator.

Voted APPROVED Unanimous

Moved and seconded that the Moderator’s appointment of Dennis E. McCowan as Deputy Moderator to serve as Acting Moderator in the event of the temporary absence or disability of the Moderator be ratified.

The following tellers were appointed by the Moderator and duly sworn in by the Town Clerk: Richard Sasseville, Paula McCowan, Donna Gosselin, Sharon Susienka, Philip Cyr, and Neal Mitchell.

The Moderator announced that all hats must be removed, cell phones must be turned off or put on vibrate, and that political items are prohibited at Town Meeting.

Upon motion made and seconded and voted unanimously, the reading of the warrant and the return of service thereof were dispensed with.

Attendance at 7:00 p.m.: 163

ARTICLE 1: Voted APPROVED Unanimous

Moved and seconded that the Town vote to amend the votes taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting (October 23, 2007), appropriations and transfers under the Omnibus Budget Article.

GENERAL GOVERNMENT:

Line 1B: Selectmen Expenses

By transferring from Line 36: Medicare

the additional sum of $ 50,000

Line 15A: Fire Personnel

By transferring from Line 15B: Fire Expenses

the additional sum of $ 5,000

Line 15A: Fire Personnel

By transferring from Line 16B: Ambulance Expenses

the additional sum of $ 5,000

TOTAL GENERAL GOVERNMENT: $ 60,000

HUMAN SERVICES:

Line 26B: Veterans Expenses

By transferring from available funds (free cash)

the additional sum of $ 25,000

Line 26B: Veterans Expenses

By transferring from Line 42: Property & Liability Ins.

the additional sum of $ 15,000

TOTAL HUMAN SERVICES: $ 40,000

CULTURE & RECREATION:

Line 30A: Soldiers Memorials

By transferring from Line 23A: Waste Collection & Disposal

the additional sum of $ 1,700

TOTAL CULTURE & RECREATION: $ 1,700

TOTAL ARTICLE 1: $ 101,700

ARTICLE 2: Voted APPROVED Unanimous

Moved and seconded that the Town vote to establish an Insurance Stabilization Fund under M.G.L. Chapter 40, §5B, for the purpose of providing funds to offset health insurance premiums and other related costs, and to appropriate a sum of money for the Fund by amending the votes taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting (October 23, 2007), appropriations and transfers under the Omnibus Budget Article as follows:

By transferring from Line 41 [Employee Insurance Benefits] to said Fund

the sum of $ 740,000

Attendance at 7:30 p.m.: 228

ARTICLE 3: Voted APPROVED Unanimous

Moved and seconded that the Town vote to amend the votes taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting (October 23, 2007), appropriations and transfers under the Omnibus Budget Article as follows:

By transferring from Line 41 [Employee Insurance Benefits]

the sum of $ 150,000

to be expended by the School Committee for capital projects as follows: Repair and/or replacement of ceiling tiles and lights in the lobby area of Balmer School; Replacement of the Middle School oil burner; Recoating and relining of the track at the Middle School; Repair and/or replacement of toilet partitions at Northbridge Elementary School; and Rebuilding of the loading dock at the Middle School.

ARTICLE 4: Voted APPROVED Unanimous

Moved and seconded that the Town vote to amend the votes taken under Article 3 of the 2007 Spring Session of the Annual Town Meeting (June 12, 2007), and under Article 3 of the 2007 Fall Session of the Annual Town Meeting (October 23, 2007), appropriations and transfers under the Omnibus Budget Article:

By transferring from Line 41 [Employee Insurance Benefits]

the sum of $ 50,000

to be expended by the Building, Planning & Construction Committee for the repair and renovations of the Aldrich School.

ARTICLE 5: Voted APPROVED Unanimous

Moved and seconded that the Town vote to transfer to the General Fund from the Retained Earnings Account of the Sewer Enterprise Fund the sum of $21,000 for the purpose of reimbursing the Town for eligible direct and indirect costs, including insurance, workers’ compensation, salaries and pensions, incurred by the Town in support of the operations of the Sewer Enterprise Fund for Fiscal Year 2007.

ARTICLE 6:

Moved and seconded that the Town vote to raise and appropriate or transfer from available funds in the Treasury the following sums of money not to exceed $37,050,000 to defray the necessary and usual expenses of the several departments of the Town for FY 2009, beginning July 1, 2008 and ending June 30, 2009.

				FY 2009
	LINE # ACCOUNT NAME			Approved
GENERAL GOVERNMENT
	RAISE AND APPROPRIATE
	1 SELECTMEN
		1A Personnel		5,150
	By allocating $1,150 to the Chairman and $1,000 to each of the other 4 Selectmen (FY 09)
		1B Expenses	122,665
	Total Selectmen		127,815
	2 TOWN MANAGER
		2A Personnel	208,850
		2B Expenses	13,259
	Total Town Manager		222,109
	3 FINANCE COMMITTEE
		3B Expenses	10,000
	Total Finance Committee		10,000
	4 TOWN ACCOUNTANT
		4A Personnel	90,404
		4B Expenses	21,295
	Total Town Accountant		111,699
	5 ASSESSORS
		5A Personnel	149,626
		5B Expenses	17,000
	Total Assessors		166,626
	6 TREASURER/COLLECTOR
		6A Personnel	169,618
	APPROPRIATE FROM PARKING TICKET RECEIPTS
		6A Personnel	0
	RAISE AND APPROPRIATE
		6B Expenses	34,750
	Total Treasurer/Collector		204,368
	7 INFORMATION SYSTEMS
		7A Personnel	60,565
		7B Expenses	59,605
	Total Information Systems		120,170
	8 TOWN CLERK/ELECTIONS
		8A Personnel	98,015
		8B Expenses	42,596
	Total Town Clerk/Elections		140,611
	9 CONSERVATION
		9A Personnel	7,877
		9B Expenses	1,061
	APPROPRIATE FROM WETLAND FEES
		9A Personnel	9,750
		9B Expenses	0
	Total Conservation		18,688
	RAISE AND APPROPRIATE
	10 PLANNING BOARD
		10A Personnel	74,600
		10B Expenses	6,164
	Total Planning Board		80,764
	11 ZONING/APPEALS BOARD
		11A Personnel	8,489
		11B Expenses	6,430
	Total Zoning/Appeals Board		14,919
	12 ECONOMIC DEVELOPMENT
		12A Personnel & Expenses	0
	Total Economic Development		0
	13 TOWN HALL/CENTRAL SERVICES
		13A Personnel	0
		13B Expenses	27,285
	Total Town Hall/Central Services		27,285
		Voted APPROVED Unanimous
TOTAL GENERAL GOVERNMENT			1,245,054
	PUBLIC SAFETY
	RAISE AND APPROPRIATE
	14 POLICE
		14A Personnel	1,966,856
		14B Expenses	320,672
	Total Police		2,287,528
	15 FIRE
		15A Personnel	537,503
		15B Expenses	148,512
	Total Fire		686,015
	APPROPRIATE FROM AMBULANCE RECEIPTS
	16 AMBULANCE
		16A Personnel	475,000
		16B Expenses	50,000
	RAISE AND APPROPRIATE
		16B Expenses	0
	Total Ambulance		525,000
	17 CODE ENFORCEMENT
		17A Personnel	125,653
		17B Expenses	14,345
	APPROPRIATE FROM WEIGHTS AND MEASURES RESERVE ACCOUNT
		17B Expenses	500
	Total Code Enforcement		140,498
	RAISE AND APPROPRIATE
	18 CIVIL DEFENSE
		18A Expenses	0
	Total Civil Defense		0
	19 ANIMAL CONTROL
		19A Expenses	0
	Total Animal Control		0
		Voted APPROVED Unanimous
TOTAL PUBLIC SAFETY			3,639,041
	EDUCATION
	RAISE AND APPROPRIATE
	20 SCHOOL DEPARTMENT
	20	SCHOOL DISTRICT	19,711,955
	20B	TRADE SCHOOL	54,000
	20C	BLACKSTONE REGIONAL	744,518
		Voted APPROVED Unanimous
TOTAL EDUCATION			20,510,473
	PUBLIC WORKS
	RAISE AND APPROPRIATE
	21 Public Works Highway Division (Includes Snow & Ice)
	21A	Personnel	456,584
	21B	Expenses	518,818
	21C	Snow and Ice	75,000
		Voted APPROVED Unanimous
TOTAL PUBLIC WORKS DEPARTMENT			1,050,402
	BUILDING, PLANNING & CONSTRUCTION COMM.
	RAISE AND APPROPRIATE
	21F BUILDING, PLANNING & CONSTRUCTION COMM.
		Expenses	0
		Voted APPROVED Unanimous
TOTAL BUILDING, PLAN, & CONSTRUC.			0
	HUMAN SERVICES
	RAISE AND APPROPRIATE
	22 BOARD OF HEALTH
		22A Personnel	45,097
		22B Expenses	25,759
	Total Board of Health		70,856
	23 LANDFILL ANALYSIS
		23A Expenses	20,000
	Total Landfill Analysis		20,000
	24 COUNCIL ON AGING
		24A Personnel	84,242
		24B Expenses	15,758
	Total Council On Aging		100,000
	26 VETERANS
		26A Personnel	46,516
		26B Expenses	48,870
	Total Veterans		95,386
		Voted APPROVED Unanimous
TOTAL HUMAN SERVICES			286,242
	CULTURE & RECREATION
	RAISE AND APPROPRIATE
	27 LIBRARY
		27A Personnel	71,400
		27B Expenses	13,600
	Total Library		85,000
	28 RECREATION
		28A Personnel	0
		28B Expenses	12,000
		28C Youth League Equipment	0
	Total Recreation		12,000
	29 HISTORICAL COMMISSION
		29A Expenses	750
	Total Historical Commission		750
	30 MEMORIALS
		30A Soldiers Memorials	5,000
		30B Veterans Celebrations	1,500
	Total Memorials		6,500
	31 RECYCLING
		31A Personnel	0
		31B Expenses	0
	Total Recycling		0
		Voted APPROVED Unanimous
TOTAL CULTURE & RECREATION			104,250
	DEBT SERVICE
	RAISE AND APPROPRIATE
		32 Debt Principal	1,649,148
		33 Debt Interest	1,168,700
		34 Short Term Interest	20,000
		35 BVRS Debt	108,049
		Voted APPROVED Unanimous
TOTAL DEBT SERVICE			2,945,897
	NON-DEPARTMENTAL
	RAISE AND APPROPRIATE
		36 Medicare	290,000
		37 Life Insurance	10,000
		38 Retirement System	1,065,492
		39 Workers’ Compensation	114,750
		40 Unemployment Comp.	101,300
		41 Employee Ins. Benefits	4,678,000
	APPROPRIATE FROM AVAILABLE FUNDS [FREE CASH]
		41 Employee Ins. Benefits	572,000
	APPROPRIATE FROM OVERLAY SURPLUS
		41 Employee Ins. Benefits	50,000
	RAISE AND APPROPRIATE
		42 Property & Liability Ins.	209,000
		43 Reserve for Wage Adj.	18,500
		44 Stabilization Fund	0
		45 Reserve Fund	50,000
		Voted APPROVED Unanimous
TOTAL NON-DEPARTMENTAL			7,159,042
	TOTAL		$ 36,940,401

ARTICLE 7: Voted APPROVED Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $2,328,938 for expenses and debt service to operate the Sewer Enterprise Operation of the Department of Public Works for FY 2009, said sum to be offset by the sum of $1,978,938 from betterments and other revenues received by the Sewer Department during Fiscal Year 2009 and $350,000 to be transferred from the Retained Earnings Account of the Sewer Enterprise Fund, said appropriations to be used for the following purposes:

Wages and Salaries $ 446,000

Expenses $ 886,485

Shared Costs and Fringe Benefits $ 206,453

Interest on short term debt $ 0

Interest on long term debt $ 220,000

Sewer maturing principal $ 570,000

Total: $2,328,938;

and further vote to transfer said $206,453 to the General Fund as reimbursement for shared costs and fringe benefits.

ARTICLE 8: Voted APPROVED Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $1,057,710 for expenses and debt service to operate the Water Enterprise Operation of the Department of Public Works for FY 2009, said sum to be offset by the sum of $1,057,710 from revenues received by the Water Department during Fiscal Year 2009, said appropriation to be used for the following purposes:

Wages and Salaries $ 21,115

Expenses $ 915,015

Shared Costs and Fringe Benefits $ 32,300

Interest on short term debt $ 0

Interest on long term debt $ 14,280

Water maturing principal $ 75,000

Total: $1,057,710;

and further vote to transfer said $32,300 to the General Fund as reimbursement for shared costs and fringe benefits.

ARTICLE 9: Voted APPROVED Unanimous

Moved and seconded that the Town vote to appropriate such funds as may become available from the Commonwealth’s Department of Highways, Chapter 90 Bond Issue proceeds, to be used by the Department of Public Works for the repair and maintenance of town roads in conformance with MGL and further that the Town vote to raise said appropriation by borrowing and to authorize the Treasurer/Collector, with approval of the Board of Selectmen, to issue bonds or notes of the Town therefor in anticipation of the receipt of said State Aid.

ARTICLE 10: Voted APPROVED Unanimous

Moved and seconded that the Town vote to authorize the Treasurer/Collector to enter into a compensating balance agreement or agreements for FY 2009, pursuant to Chapter 44, Section 53F of the M.G.L.

ARTICLE 11: Voted APPROVED Unanimous

Moved and seconded that the Town vote, pursuant to Section 4A of Chapter 40 of the General Laws, to authorize the Board of Selectmen to enter into an intermunicipal agreement with the Town of Blackstone for the operation of a regional recycling program for the Towns of Northbridge and Blackstone, upon such terms and conditions as are deemed appropriate by the Board of Selectmen.

ARTICLE 12: Voted APPROVED Unanimous

Moved and seconded that the Town vote to reauthorize a revolving account pursuant to MGL Chapter 44, Section 53E 1/2 for the Northbridge Recycling Committee to receive funds from grants and donations, and to authorize the Northbridge Recycling Committee to spend these funds to carry out the programs of Town recycling such as battery recycling, developing and implementing programs of School and Town department recycling, buy recycled-materials policy, to engage in educational programs on recycling, and in other related costs including part time salaries, provided, however, that the maximum amount of money that can be expended from the account for FY 2009 is $10,000.

Attendance at 8:15 p.m.: 255

ARTICLE 13: Voted APPROVED Unanimous

Moved and seconded that the Town vote to transfer within the FY 2009 budget, the amount of $15,248.00 from account number 32001350-596100 "Receipts Reserved - Title V" to account number 01007100-591000 (line item 32) "Debt Principal".

ARTICLE 14: Voted APPROVED Unanimous

Moved and seconded that the Town vote to transfer from the undesignated fund balance (free cash), the sum of $237,036 to replace School Choice funds held by the Town that must be repaid to the School District said funds to be used to reinstate Athletics and Co-Curricular clubs and activities.

ARTICLE 15: Voted APPROVED Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $34,000 for the purpose of financing the purchase of a response vehicle for the Fire Department.

ARTICLE 16: Voted APPROVED Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $400,000 for the purpose of purchasing a new fire truck, contingent upon the passage of a capital outlay expenditure exclusion under the provisions of Proposition 2½ so-called, MGL Chapter 59, Section 21C(i½), for FY 09 (July 1, 2008 to June 30, 2009).

ARTICLE 17: Voted APPROVED Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $278,000 for the purpose of purchasing two (2) new medium duty, all wheel drive vehicles complete with plow attachments, warning lights, communications equipment and other accessories and auxiliary equipment and one (1) new dump truck with combo body and plow for use by the Department of Public Works Highway Division, contingent upon the passage of a capital outlay expenditure exclusion under the provisions of Proposition 2½ so-called, MGL Chapter 59, section 21C(i½) for FY 09 (July 1, 2008 to June 30, 2009).

ARTICLE 18: Voted APPROVED Unanimous

Moved and seconded that the Town vote to raise and appropriate the sum of $25,000 for a feasibility study for the construction of a new DPW facility, said funds to be expended under the direction of the Building, Planning and Construction Committee.

ARTICLE 19: Voted APPROVED Unanimous

Moved and seconded that the Town vote to authorize the Board of Selectmen and/or School Committee to lease a portion of the property located adjacent to the Primary School on Cross Street, shown on Assessors' Map 14A as Parcel 43 for a period of up to five (5) years for the purpose of placing modular classrooms or other facilities on said property for the educational programs of the Northbridge Public Schools.

ARTICLE 20: Voted APPROVED Unanimous

Moved and seconded that the Town vote to authorize the establishment of a revolving fund pursuant to M.G.L. Chapter 44, Section 53E1/2 for the Playground & Recreation Commission, to credit to such fund any grants, donations, program user fees and fund raising proceeds received by said Commission and to authorize said Commission to expend from such fund amounts required to maintain the Town's playgrounds and recreation fields, to make improvements thereto and to purchase, lease or rent equipment and support facilities for programs and activities taking place thereon provided, however, that the total amount which may be expended from such fund in fiscal year 2009 (July 1, 2008 to June 30, 2009) is $20,000 (twenty thousand dollars).

ARTICLE 21: Voted APPROVED Unanimous

Moved and seconded that the Town vote to amend Section 7-700 of Chapter 7 of its General By-laws, the Wetlands Protection Bylaw, by adopting the amendments thereto as proposed by the Conservation Commission, said proposed amendments being in the form and containing the terms, conditions and provisions set forth in Article 21 of the Warrant.

Town of Northbridge

Wetlands Protection By-Law

Table of Contents

Section 7-700 ............................................................................................................. 1

Section 7-701 Purpose (current).................................................................................. 2

Section 7-701 Purpose (proposed)............................................................................... 2

Section 7-702 Jurisdiction (current) ............................................................................ 2

Section 7-702 Jurisdiction (proposed)......................................................................... 3

Section 7-703 Exemptions and Exceptions (current) ................................................. .3

Section 7-703 Exemptions and Exceptions (proposed)................................................ 4

Section 7-704 Permit Applications; Requests for Determination (current)................... 4

Section 7-704 Permit Applications; Requests for Determination (proposed)................ 4

Section 7-705 Notices and Hearings (current) ............................................................. 5

Section 7-705 Notices and Hearings (proposed) ......................................................... 6

Section 7-706 Coordination with Other Boards (current) ............................................ 7

Section 7-706 Coordination with Other Boards (proposed)......................................... 7

Section 7-707 Permits, Determinations and Conditions (current)................................. 7

Section 7-707 Permits, Determinations and Conditions (proposed) ............................ 8

Section 7-708 Promulgation of Regulations (current) ............................................... 10

Section 7-708 Promulgation of Regulations (proposed) ............................................ 10

Section 7-709 Definitions (current) .......................................................................... 11

Section 7-709 Definitions (proposed)........................................................................ 11

Section 7-710 Security (current)................................................................................ 12

Section 7-710 Security (proposed)............................................................................. 13

Section 7-711 Violations, Enforcement and Penalties (current)................................. 13

Section 7-711 Enforcement (proposed)..................................................................... 13

Section 7-712 Burden of Proof (current) .................................................................. 14

Section 7-712 Burden of Proof (proposed) ............................................................... 14

Section 7-713 Relation to the Wetlands Protection Act (current) .............................. 14

Section 7-713 Relation to the Wetlands Protection Act (proposed) ........................... 15

Section 7-714 Severability (current) ......................................................................... 15

Section 7-714 Severability (proposed)....................................................................... 15

Section 7-715 Appeals (proposed) ............................................................................ 15

Section 7-700

________________________________________________________________________________________

Document Conventions: This document contains the text of both the current by-law as updated in 1998 and the proposed, new by-law. To aid in reading, each section is marked as “current” or “proposed”. Also, text which has been added is shown in “underline” font and the proposed paragraphs are shaded.

Section 7-701 Purpose (current)

The purpose of this chapter is to protect the wetlands, related water resources and adjoining land areas in the Town of Northbridge by controlling activities deemed by the Northbridge Conservation Commission likely to have a significant or cumulative effect upon wetland values, including but not limited to the following

o public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water pollution, fisheries, shellfish, wildlife habitat, recreation, aesthetics, agriculture and aquaculture value

(collectively, the “wetland values protected by this chapter”).

Section 7-701 Purpose (proposed)

The purpose of this chapter is to protect the wetlands, water resources, flood prone areas and adjoining upland areas in the Town of Northbridge by controlling activities deemed by the Northbridge Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to the following:

o public or private water supply, groundwater supply, flood control, erosion and sedimentation control, storm damage prevention, water quality, prevention and control of pollution, fisheries, wildlife habitat, rare species habitat including rare plant and animal species, recreation, agriculture and aquaculture value

(collectively, the “wetland values protected by this chapter”).

This bylaw is intended to utilize the Home Rule authority of Northbridge so as to protect the resource areas under the Wetlands Protection Act (G.L. Ch.131 §40; the Act) to a greater degree, to protect additional resource areas beyond the Act recognized by the Town as significant, to protect all resource areas for their additional values beyond those recognized in the Act, and to impose in local regulations and permits additional standards and procedures stricter than those of the Act and regulations thereunder (310CMR 10.00), subject, however, to the rights and benefits accorded to agricultural uses and structures of all kinds under the laws of the Commonwealth and other relevant bylaws of the Town of Northbridge.

Section 7-702 Jurisdiction (current)

Except as permitted by the Conservation Commission or as provided in this chapter, no person shall remove, fill, dredge, build upon or alter the following resource areas:

- within one hundred (100) feet of any freshwater wetland, coastal wetland, marsh, wet meadow, bog or swamp;

- within one hundred (100) feet of any bank, beach, dune or flat;

- any lake river, pond, stream, estuary or the ocean;

- within one hundred (100) feet of any lake, river, pond, stream, estuary or the ocean;

- any land under said waters;

- or within one hundred (100) feet of any land subject to flooding or inundation by groundwater, surface water, tidal action or coastal storm flowage.

Section 7-702 Jurisdiction (proposed)

Except as permitted by the Conservation Commission or as provided in this chapter, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into or otherwise alter the following resource areas:

o any freshwater wetlands, marshes, wet meadows, bogs, swamps, vernal pools, springs, banks, beaches, reservoirs, lakes, ponds of any size, and lands under water bodies;

o intermittent streams, brooks and creeks;

o land adjoining these resource areas out to a distance of one hundred (100) feet known as the buffer zone;

o perennial rivers, streams, brooks and creeks;

o lands adjoining these resource areas out to a distance of two hundred (200) feet, known as the riverfront area;

o and lands subject to flooding or inundation by groundwater or surface water;

(collectively the “resource areas protected by this chapter”). Said resource areas shall be protected whether or not they border surface waters.

The jurisdiction of this bylaw shall not extend to uses and structures of agriculture that enjoy the rights and privileges of laws and regulations of the Commonwealth governing agriculture, including work performed for normal maintenance or improvement of land in agricultural or aquacultural uses as defined by the Wetlands Protection Act regulations, found at 310 CMR 10.04.

Section 7-703 Exemptions and Exceptions (current)

A. The permit and application required by this chapter shall not be required for maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph, or other telecommunication services, provided that the structure or facility is not substantially changed or enlarged, provided that written notice has been given to the Commission prior to commencement of the work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission.

B. The application and permit required by this chapter shall not apply for emergency projects necessary for the protection of the health and safety of the public:

o provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or a political subdivision thereof;

o provided that advance notice, oral or written, has been given to the Commission prior to commencement of work or within twenty-four (24) hours after commencement;

o provided that the Conservation Commission or its agent certifies the work as an emergency project;

o provided that the work is performed only for the time and place certified by the Conservation Commission for the limited purposes necessary to abate the emergency;

o and provided that within twenty-one (21) days of commencement of an emergency project a permit application shall be filed with the Commission for review as provided by this chapter.

Upon failure to meet these and other requirements of the Commission, the Commission may, after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.

C. Other than stated in this section, the exceptions provided in the Wetlands Protection Act shall not apply.

Section 7-703 Exemptions and Exceptions (proposed)

A. [no changes proposed]

B. [no changes proposed]

C. The application and permit required by this chapter shall not be required for work performed for normal maintenance or improvement of land in agricultural use as defined by the Wetlands Protection Act Regulations at 310 CMR 10.04.

D. The application and permit required by this chapter shall not be required for single-family home lots in existence prior to the adoption of this chapter.

E. Other than stated in this section, the exceptions provided in the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00) shall not apply under this chapter.

Section 7-704 Permit Applications; Requests for Determination (current)

A. Written application shall be filed with the Commission to perform activities regulated by this chapter affecting resource areas protected by this chapter. The application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the environment. No activities shall commence without receiving and complying with a permit issued pursuant to this chapter.

B. The Commission, in an appropriate case, may accept as the application and plans under this chapter the Notice of Intent and plans filed under the Wetlands Protection Act, MGL C. 131, §40.

C. Any person desiring to know whether or not a proposed activity or an area is subject to this chapter may, in writing, request a determination from the Commission. Such a request for determination shall contain data and plans specified by the regulations of the Commission.

D. At the time of an application or request the applicant shall pay a filing fee specified in regulations of the Commission. This fee is in addition to that required by the Wetlands Protection Act, MGL C. 131, §40. In addition, the Commission is authorized to require the applicant to pay the cost and expenses of any expert consultant deemed necessary by the Commission to review the application of request up to a maximum of five thousand dollars ($5000). The Commission may waive the filing fee and costs and expenses for an application or request filed by a government agency and shall waive them for a request for determination filed by a person having no financial connection with the property which is the subject of the request.

E. Along with the submission of a notice of intent, the soil excavator(s) that actually located the wetlands will provide a signed affidavit. This affidavit shall state that the wetland location shown on the submitted plan or correctly shown and that the determination of the wetland locations was established by the current requirements of the Department of Environmental Protection, to include plant life, hydrology and soil classification. If this is the first affidavit submitted by this person (or persons) a letter shall also be provided stating the soils evaluators’ credentials and past experience. (Added Spring Annual Town Meeting 5/5/98)

Section 7-704 Permit Applications; Requests for Determination (proposed)

A. Written application shall be filed with the Commission to perform activities affecting resource areas protected by this chapter. The application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this chapter. No activities shall commence without receiving and complying with a permit issued pursuant to this chapter.

B. The Commission in an appropriate case may accept as the application and plans under this chapter the Notice of Intent any application and plans filed under the Wetlands Protection Act (G.L. Ch. 131 §40) and Regulations (310 CMR 10.00), but the Commission is not obliged to do so.

C. Any person desiring to know whether or not a proposed activity or an area is subject to this chapter may, in writing, request a determination from the Commission. Such a Request for Determination of Applicability (RDA) or Abbreviated Notice of Resource Area Delineation (ANRAD) filed under the Act shall include information and plans as are deemed necessary by the Commission.

D. At the time of an application or request the applicant shall pay a filing fee specified in Regulations of the Commission. This fee is in addition to that required by the Wetlands Protection Act, (G.L. Ch 131 §40) and Regulations. The Commission may waive the filing fee and costs and expenses for an application or request filed by a government agency and shall waive them for a request for determination filed by a person having no financial connection with the property which is the subject of the request.

E. Pursuant to G.L Ch. 44 §53G and regulations promulgated by the Commission, the Commission may impose reasonable fees upon applicants for the purpose of securing outside consultants including engineers, wetlands scientists, wildlife biologists or other experts in order to aid in the review of proposed projects. Such funds shall be deposited with the town treasurer, who shall create an account specifically for this purpose. Additional consultant fees may be requested where the requisite review is more expensive than originally calculated or where new information requires additional consultant services. Only costs relating to consultant work done in connection with a project for which a consultant fee has been collected shall be paid from this account, and expenditures ma