1997-03-24 to1997-04-16-ATM-min - Laserfiche WebLink

Browse Search

291 Adjourned Session- 1997 Annual Town Meeting cont...-March 26, 1997 • • • may include but arc not limited to resource area survey and delineation, analysis of resource area values, including wildlife habitat evaluations, hydrogeologic and drainage analysis, and environmental or land use law. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to be put into a consultant services account of the Commission; which may be drawn upon only by the Commission for specific consultant services approved by the Commission at one of its public meetings. The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides ata public meeting that other action is necessary. Any applicant aggrieved by the imposition of or size of the consultant fee, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws. The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to the following schedule: Project Cost Maximum Fee UP TO$500,000 $2,500 $ 500,001 - $1,000,000 $5,000 $1,000,001 - $1,500,000 $7,500 $1,500,001 - $2,000,000 $10,000 For each additional$500,000 increment in project cost(over$2,000,000), the maximum consultant fee shall be increased by an additional$2,500. The project cost means the estimated entire cost of the project, including but not limited to building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this by-law. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee. SECTION 8 BECOMES SECTION 9-NO CHANGE INSERT SECTION 10 All Orders of Conditions shall expire three years after the date of issuance. The Conservation Commission shall have the authority to extend an order of conditions for an additional period or may deny such extension,according to regulations promulgated under authority of this By-Law. • For good cause,the Conservation Commission at a public hearing may revoke or modem an Order of Conditions or a Determination of Applicability issued under this By-law, after notice to the holder of the Order of Conditions or Determination, and notice to the public, abutters and town boards,pursuant to Section 2. Good cause for such revocation or modification shall include the following: (a) Failure by the applicant or his successors to comply with the terms of the Order of Conditions or Determination of Applicability;