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TRUE COPY AT17US 1
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<br /> !quest of aoy-Pe=ao=i— Within 21 days of the receipt of any request for determination of applicability and of mi
<br /> activity,or any request for determination of applicability,the Conservation Commission shalt Ft''..n,..r�l-d als make a written
<br /> determination as to whether this by-law is applicable to any land or work thereon, Where the-streh person requesting such a TOWN CLERK-
<br /> determination is other than the owner of the property at issue notice of any such determination shall be sent to the owner and joMMN,MA
<br /> person making such request.
<br /> § 130-3.Hearing;notice; right of entry. [Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art. 151
<br /> The Conservation Commission shall hold a public hearing on the proposed activity within 2138 days of the receipt of said request
<br /> for determination of applicability and of minor_actiyity or of a notice of intent in any case where this bylaw applies.Legal notice of
<br /> the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant not less than five
<br /> days prior to such hearing by publication in a newspaper of general circulation in Lexington,and by delivering or mailing a notice
<br /> thereof to the applicant,to the Board of Health,Board of Selectmen,the Town Engineer,Building Commissioner,Zoning Officer
<br /> and the Planning Board, and to such other persons as the Conservation Commission may determine.Notice of the time and place of
<br /> said hearing shall be given by the applicant,not less than five days prior to such hearing,to abutters within 100 feet of the property
<br /> or lot(as determined by the most recent Assessor's records)on which the proposed activity is to take place,The Conservation
<br /> Commission,the Town Manager,the Town Engineer,the Building Commissioner,the Zoning Officer,the Planning Board,their
<br /> agents,officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the
<br /> duties under this by-law.
<br /> A.
<br /> If considering a request for determination of applicability and of minor activity,after said hearing,the Conservation Commission
<br /> shall determine whether the activity constitutes"minor activities"and whether a notice of intent is required,as described in section,
<br /> 130-2(B)of this by-law. If the Conservation Commission determines that no notice of intent is required,the Conservation
<br /> Commission will issue a determination of minor activity and order of conditions by written_order,within 21 days or such further
<br /> time as the Commission and the applicant shall agree on either: 1 finding that the proposed work constitutes"minor activities"
<br /> and that no conditions are required;or 2)to impose any such conditions as are reasonably necessary for the protection of the
<br /> interests described herein and all work shall be done in accordance therewith. The conditions may include, but are not limited to,a
<br /> condition that certain land or portions thereof not be built upon or altered filled or dredged,that streams not be diverted dammed
<br /> or otherwise disturbed,
<br /> B.
<br /> A When reviewing a notice of intent,i1f,after said hearing,the Conservation Commission determines that the land on which the
<br /> proposed work is to be done is probably significant to public or private water supply,to the groundwater supply,to flood control,to
<br /> control of erosion or sedimentation,to storm damage prevention,to other water damage prevention,to the prevention of pollution,
<br /> to the protection of surrounding land and other homes or buildings,to aquatic life or wildlife,to the protection of streams,ponds or
<br /> other bodies of water,or to the protection of recreation,the Commission shall,by written order,within 21 days or such further time
<br /> as the Commission and the applicant shall agree on,impose such conditions as are reasonably necessary for the protection of the
<br /> interests described herein and all work shall be done in accordance therewith.The conditions may include but are not limited to a
<br /> condition that certain land or portions thereof not be built upon or altered, filled or dredged,that streams not be diverted, dammed
<br /> or otherwise disturbed. [Amended 3-25-1985 ATM by Art.9; 3-26-1997 ATM by Art. 25;3-24-1999 ATM by Art.151
<br /> C.
<br /> When reviewing a notice of intent,ilf the Conservation Commission makes a determination that the proposed activity does not
<br /> require the imposition of such conditions,the applicant and all others who have received notice of such hearing by mail shall be
<br /> notified of such determination within 21 days after said hearing.
<br /> D.
<br /> The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it
<br /> pursuant to Massachusetts General Laws(M.G.L,)Chapter 131, Section 40 than it has imposed pursuant to the provisions of this
<br /> by-lacy,nor shall it require from an applicant who filed a notice of intent pursuant to M.G.L, Chapter 131,Section 40 additional
<br /> materials or data than is required of him pursuant to the application filed under this by-law. [Amended 3-26-1997 ATM by Art.25;
<br /> 3-24-1999 ATM by Art. 151
<br /> § 130-4.Exceptions. [Amended 3-25-1985 ATM by Art. 9;3-24-1999 ATM by Art. 151
<br /> This By-Law shall not apply to any emergency project as defined in M.G.L. Chapter 131,Section 40,to any mosquito control
<br /> project authorized by any laws of the commonwealth or to any work performed for normal maintenance or improvement of
<br /> land actively devoted to agricultural use at the time of application,
<br /> § 130-5.Enforcement.
<br /> Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the
<br /> provisions of this by-law or in violation of any order issued under this by-law shall forthwith comply with any such order or
<br /> restore such land to its condition prior to any such violation;provided,however,that no action,civil or criminal,shall be brought
<br /> against such person unless such action is commenced within three years following the recording of the deed or the date of the
<br /> death by which such real estate was acquired by such person.The Town Manager and the Board of Selectmen shall,upon request
<br /> of the Conservation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of
<br /> this by-law,and enforce the orders of the Conservation Commission hereunder,and the Town Counsel shall forthwith comply
<br /> with such instructions.
<br /> § 130-6, Rules and regulations.
<br /> The Conservation Commission may promulgate after due notice and public hearing rules and regulations to effectuate the
<br /> purposes of this by-law. However,failure by the Commission to promulgate such rules and regulations or a legal declaration of
<br /> their invalidity by a court of law shall not act to suspend or invalidate the effect of this by-law.
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