Filing Guidelines*
(under MGL Ch. 131, s 40, 310 CMR 10.00 and City of Newton Floodplain & Watershed Protection Ordinance 22-22)
NOTICE OF INTENT WILL BE REQUIRED FOR:
All Wetland Resource Area Alterations including the 200’ Riverfront Area to perennial waterways.
Buffer Zone work involving:
- substantial excavation/exposure of soils
- slopes (3:1 or steeper)
- substantial increase in impervious surfaces (including lawns, driveways, parking lots, etc.)
- drainage systems
- close proximity to neighbors
- heavy equipment
- any unusual circumstances
Example: new dwelling or commercial structure, large additions
ABBREVIATED NOTICE OF INTENT MAY BE USED IF:
- the proposed work is in the Buffer Zone or Land Subject to Flooding;
AND
- the proposed work will disturb less than 1000 s.f. of surface area within the Buffer Zone or Land Subject to Flooding;
AND
- the proposed work will not require filings with the US Army Corps of Engineers or
DEP - Waterways for a Ch. 91 license.
NOTICE OF RESOURCE AREA DELINEATION WILL BE REQUIRED FOR:
- Wetland Resource Area delineations
- (vegetation, soils, hydrology, banks, etc.)
REQUEST FOR DETERMINATION OF APPLICABILITY WILL BE REQUIRED FOR:
Buffer Zone work 50' or more from wetland delineation, providing:
- little/no excavation (sono tubes, 4' deep foundation)
- relatively flat site
- compensatory storage provided and approved by Engineering
- modest amount of additional impervious surface
- drywells proposed for roof runoff (soil tests completed)
- siltation controls in place
- limited work site
- limited/no use of heavy equipment
- work won't affect neighbors
Example: new deck on rear of house, small dwelling addition
LETTER OF PERMISSION MAY BE ISSUED:
Buffer Zone work that is very minor in nature and not likely to cause damage to the Wetland Resource Area when a plan is set out and agreed to by the Environmental Planner after a site visit.
Work which does not proceed according to the plan and/or schedule will be the subject of Enforcement action.
Example: removal of one or two trees from the Buffer Zone with stumps remaining in place and brush and logs to be taken away promptly and disposed of in a lawful manner; or, repaving an existing paved driveway in the Buffer Zone.
* type of filing at discretion of Conservation Commission and/or staff following review of each case.
If you have any questions, please contact the Conservation Commission at (617)796-1134
Approved by vote of Newton Conservation Commission 11/16/95; revised 9/11 /01 to include Riverfront Area.
Filing Requirements
Responsibilities of the Applicant
I. NOTICE OF INTENT (NOI)
A. Contact Environmental Planner to determine type of project and procedures for filing a Notice of Intent
B. Obtain necessary forms and a copy of the State General Instructions for Completing Notice of Intent if applicable.
C. Send by Certified Mail or hand deliver to Newton Planning Department the original and 3 copies of the complete filing. An electronic copy on CD may also be required. A complete filing includes:
1. Form completely filled out and signed - including Riverfront and stormwater sheets where applicable.
2. Xerox copy of USGS Quad Sheet showing property location.
3. FEMA Floodplain map section showing property location.
4. City of Newton Floodplain map section showing property location.
5. Fee Calculation Sheet
6. Fee Transmittal Sheet
7. Abutter List (all properties within 100’ of the property line, across waterbodies, waterways and adjoining city/town).
8. Abutter Notification Form
9. Abutter Notification Certification
10. Plot Plan, stamped and signed by Registered Professional Land Surveyor (PLS) showing existing conditions:
a) Property Address
b) Property Line
c) Structures (building, fences, pools)
d) Wetland Delineation(s) as determined by botanist/wetland scientist, including 100’ buffer zone, 200’ Riverfront Area
e) Topography
f) Floodplain lines where applicable
g) Section, Lot and Block #
h) Easements
11. Plan of proposed work signed and stamped by Registered Professional Engineer (PE) or Architect (RA) showing proposed changes:
a) Grading
b) New structures and utilities, including floor plans, elevations, dry wells, lawn and planting areas, decks, etc.
12. Fees Determinded From Fee Calculation Sheet plus $50 City Fee (See #6 and #7 below)
NOTE: Additional information may be required, such as pre- and post- development drainage calculation, groundwater elevation, ecompensatory storage calculations and location, alternatives analysis
in Riverfront areas, etc. (may be combined with existing conditions plan above)
D. Send one copy of the complete filing [and copies of all checks] by CERTIFIED MAIL to:
Department of Environmental Protection - Wetlands Division DEP - NERO, 205B Lowell St., Wilmington, MA 01887
E. Send one copy of the complete filing by Certified Mail to the property owner if s/he is not the applicant.
F. Where applicable, send State share of the State Filing Fee with the Notice of Intent Fee Transmittal Form and copies of all checks to:
Department of Environmental Protection Box 4062 Boston, MA 02211
G. Send City of Newton $50.00 filing fee plus City share of the State Filing Fee to:
Conservation Commission
Planning & Development Department, City Hall
1000 Commonwealth Avenue
Newton, MA 02159
Please note: Separate checks are required for the State & Local fees, made payable to the “City of Newton.”
H. Applicant shall send by Certified Mail or hand-deliver to the abutters within 100’ of the project property line, the City’s abutter notification form properly filled out and include a copy of an “Affidavit of Service” in the NO1 filing. Applicant shall bring green cards (return receipts) to the meeting. Applicant will then be scheduled for the next Conservation Commission hearing. The filing deadline for the next hearing is noon sixteen calendar days before the hearing. See City Calendar for Conservation Commission hearing dates and advertising deadlines. The Applicant is advised to call the Newton TAB (or other local paper indicated) to arrange payment for the legal notice which will appear on the Wednesday one week before the hearing.
I. Once an Order of Conditions has been issued and the ten business day appeal period has expired with no appeal, the Applicant must then record the Order of Conditions with the Middlesex South County Registry of Deeds 208 Cambridge Street Cambridge, MA 02140 PHONE: 617-494-4500. And must send a copy of the tear-off form with the Registry book and page marks to the Conservation Commission and Inspectional Services Departments. The Applicant may then apply for a building permit and begin the project in accordance with the conditions imposed by the Commission.
J. Upon completion of the project, the Applicant must send to the Conservation Commission a request in writing that a Certificate of Compliance be issued. (See Order of Conditions for the form and procedures to be used.)
K. The request for a Certificate of Compliance shall be accompanied by an as-built plan stamped and signed by a PLS and a written certification signed and stamped by a PE or Architect that the project has been competed in “substantial compliance” with the cited Plans and with the Order of Conditions and setting forth the deviations, if any.
L. The Applicant’s Certificate of Compliance must be recorded at the Middlesex County (South) Registry of Deeds and certification of recording sent to the Conservation Commission as required by the Wetlands Protection Act regulations.
II. REQUEST FOR DETERMINATION OF APPLICABILITY (RDA)
A. Review the Commission’s Filing Guidelines or contact the Environmental Planner to determine type of project and procedures for filing. An original and three copies are required, as is a $50.00 City fee. Abutter notification, state fees and copies of RDAs to the state are not required for Determinations. The legal notice is placed in the newspaper and a hearing held as noted above.
B. Following the issuance of a Determination of Applicability there is a ten business day appeal period.
RESPONSIBILITIES OF THE ENVIRONMENTAL PLANNER:
I. PLANNER RECEIVES FILINGS BY NOON ON THE DEADLINE DATE.
A. Legal Public Notices of each hearing shall be advertised in the News-Tribune at least five business days prior to the hearing. FAX or hand deliver Legal Notice to the following addresses:
Classified Ad Office - Legals News- Tribune 254 Second Avenue Needham, MA 02194 FAX: 781-453-6650 PHONE: 781-433-7959
Notice must be received by News-Tribune no later than Friday afternoon before the next Wednesday publication date. Publication must occur at least five business days before hearing to comply with legal requirements. The applicant is advised to call the newspaper to arrange payment for the ad.
B. Two Weeks Prior to the Hearing:
1. Notice of the Hearing is given to the City Clerk for stamping and posting on the Bulletin Board at City Hall and sent to members of the Planning and Development Board, the Health Department and the Newton Conservators.
2. One copy of the filing and plans are sent to each of the following Departments: Inspectional Services and Engineering for their review and comment prior to the hearing.
C. One Week Prior to the Hearing:
3. Agenda for the Hearing/Meeting is circulated to all Conservation Commission members, the Board of Aldermen, and the Newton Conservators. The agenda is posted on the City Hall Bulletin Board at least 48 hours in advance of the hearing.
4. The planner calls DEP-NERO (978-661-7600) to see if all necessary information has been received in the application and to obtain a File Number for the project.
D. Prior to the Hearing:
1. Partially complete the following for each project:
a) Order of Conditions Form or
b) Determination of Applicability Form or
c) Certificate of Compliance Form or
d) Extension Permit Form
E. During the Conservation Commission meeting, the appropriate documents are signed by a quorum (at least 4 members) of the Conservation Commission.
F. Following the Hearing:
1. Order of Conditions
a) Within 21 calendar days of the close of the public hearing, the Order of Conditions signed by at least four members is finalized and mailed.
b) The original Order is sent by Certified Mail to the property owner, copies by regular mail to the applicant and DEP Wetlands Division; copies by inter-office mail to Engineering, Inspectional Services and Public Works Department.
c) Inspection of the completed project site by the Environmental Planner and Conservation Commissioners (with Engineering Department as necessary).
2. Determination of Applicability: Within 21 days of filing a Request for Determination of Applicability, a hearing must be held and a determination voted. The determination will be signed by at least 4 members of the Commission and witnessed by the Planner. The original Determination will be sent to the property owner with copies to the applicant, Engineering and Inspectional Services.
G. Certificate of Compliance Upon positive review, a Certificate of Compliance is issued by the Conservation Commission for satisfactory completion of the project. The Certificate of Compliance with original signatures is sent by Certified Mail to the property owner with instructions to record at the Middlesex County (South) Registry of Deeds. Copies of the original Certificate of Compliance are sent by regular mail to the applicant, Department of Environmental Protection, the Engineering Department, Inspectional Services and to others as appropriate.
H. Minutes/Official Record
Written Minutes of the Hearings are sent to the members of the Conservation Commission for review and approval at the next hearing. Once voted upon, a copy is forwarded to the City Clerk as the official record. Meeting tapes and Minutes are available in the Planning & Development Department.
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act (to be submitted to the Wetlands Division Northeast Regional Office, 205A Lowell St., Boston, MA, and the Newton Conservation Commission when filing a Notice of Intent.)
I, _______________________________, hereby certify under the pains and penalties of perjury that on
_______________ I gave
notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP
Guide to Abutter Notification dated April 8, 1994, in connection with the following matter:
A Notice of Intent filed under the Massachusetts Wetlands Protection Act by __________________ with the Newton Conservation Commission
on _____________________ for property located at
__________________________________________________________
The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service.
_______________________________________ Name
______________________________ Date
