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<br /> Adjourned Session- 1997 Annual Town Meeting cont...-March.26. 1997
<br /> REVISED
<br /> SECTION 1
<br /> No person shall remove,fill,dredge,buildupon or alter any bank,freshwater wetland,marsh,
<br /> bog, wet meadow, swamp, creek, river, stream, pond,or lake or vernal pool, or any land
<br /> under said waters, . • .. . _ .,any land subject to
<br /> flooding,or-inundation or any land bordering thereon as hereinafter defined, other than in
<br /> the course of maintaining,repairing or replacing,but not substantially changing or enlarging,
<br /> an existing and lawfully located structure or facility used in the service of the public and used
<br /> to provide electric,gas,water,telephone,telegraph and or other tele-communication services
<br /> without first filing written notice of his intention to so remove, fill, dredge, alter or build
<br /> upon,including such plans as may be necessary to fully describe such proposed activity and
<br /> its effect on the environment and without receiving and complying with a permit issued by the
<br /> Conservation Commission.
<br /> REVISED
<br /> SECTION 2 (.
<br /> The Conservation Commission shall hold a public hearing on the proposed activity within 30
<br /> days of the receipt of said notice. Notice of the time and place of said hearing shall be given
<br /> by the Conservation Commission at the expense of the applicant,not less than five days prior
<br /> to such hearing by publication in a newspaper of general circulation in Lexington, and by
<br /> delivering or mailing a notice thereof to the applicant, to the Board of Health, Board of
<br /> Selectmen,the Town Engineer and the Planning Board, +. ... . : .- - ;, -.
<br /> by the most recent asscssorb record,)on width the proposed-activity is to take place and to
<br /> such other persons as the Conservation Commission may determine. Notice of the time and
<br /> place of said hearing shall be given by the applicant, not less than five days prior to such
<br /> hearing,to abutters within 100 feet of the land(as determined by the most recent assessor's
<br /> records)on which the proposed activity is to take place. The Conservation Commission,the
<br /> Town Manager,the Town Engineer,the Planning Board,their agents,officers and employees
<br /> may enter upon privately owned land without liability of any kind for the purpose of
<br /> performing the duties under this Section.
<br /> REVISED
<br /> Section 2.1 if after said hearing,the Conservation Commission determines that the land on
<br /> which the proposed work is to be done is probably significant to public or private water
<br /> supply,to the ground water supply,to flood control,to control of erosion or sedimentation,
<br /> to storm damage prevention, to other water damage prevention, to the prevention of
<br /> pollution,to the protection of surrounding land and other homes or buildings,to aquatic life
<br /> or wildlife, or to the protection of streams, ponds or other bodies of water, or to the
<br /> protection of recreation, the Commission shall,by written order, within 21 days or such
<br /> further time as the Commission and the applicant shallagree on,impose such conditions as
<br /> are reasonably necessary for the protection of the interestsdescribed herein and all work shall
<br /> be done in accordance therewith. The conditions may include a condition that certain land
<br /> or portions thereof not be built upon or altered, filled or dredged, that streams not be
<br /> diverted,dammed or otherwise disturbed.
<br /> NO CHANGE
<br /> Sections 2.2
<br /> REVISED
<br /> Section 2.3 The Conservation Commission shall not impose additional or more stringent
<br /> conditions as a result of any hearing conducted by it pursuant to General Laws,Chapter 131,
<br /> Section 40 than it has imposed pursuant to the provisions of this By-Law,nor shall it require
<br /> from an applicant who filed a o Notice of Intent pursuant to General Laws,
<br /> Chapter 131,Section 40 additional materials or data than is required of him pursuant to the
<br /> application filed under this By-Law.
<br /> NO CHANGE
<br /> Sections 3,4&5
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