§ 239-6. Review of application., Chapter 239. Earth Removal, 2: Select Board Regulations, Code of Ordinances, Groton

An earth removal permit application will be considered to have been filed with the Select Board only when the following have been received:

(1)

An application form fully completed.

(2)

Seven sets of plans, including plot plan of land, removal site plan, restoration site plan and locus plan.

(3)

A list, including names and addresses, of all owners of all lots abutting (as that term is defined in these regulations) the parcel as to which the earth removal permit is sought.

(4)

Application fee: a certified check or cash in the amount of $500 to cover the cost of processing the application and for professional services, including but not limited to engineering fees, incurred by the Town.

(a)

In the event that a permit is issued, the application fee will stand as a credit to the fees charged for the material to be removed. (That fee is calculated at the rate of $0.15 per cubic yard.)

(b)

In the event that a permit is not issued, that portion of the application fee remaining unspent shall be returned to the applicant.

(5)

The applicant will be required to pay the cost of publication of the notices of the hearing plus the cost of mailing notices of the hearing by certified mail, return receipt requested, to each abutter shown on such list before a permit may be issued.

(6)

Review by boards, commissions and committees.

(a)

The following boards, commissions and committees are designated recipients of the four copies of the completed application when filed:

[1]

The Select Board.

[2]

The Earth Removal-Stormwater Advisory Committee.

[3]

The Planning Board.

[4]

The Conservation Commission.

(b)

At the time of the acceptance of the application for processing, the Select Board shall give notice of the same to the Zoning Board of Appeals, the Water Department, the Highway Department, the Board of Assessors, the Police Department and the Board of Health.

(7)

Proposed specifications describing, in detail, the location, quantity, nature and quality of all materials to be used in the work shown on the restoration site plan, including, without limitation, fill, loam, sod, vegetation, shrubs and trees.

(8)

A consent, in writing, by the owner of the earth materials site shown on the earth removal permit application for members of the Select Board, the Earth Removal-Stormwater Advisory Committee, the Earth Removal-Stormwater Inspector or any other persons authorized by the Select Board to act for it, to enter the site and to make or have made, at the applicant's expense, such tests and observations and record such data as they may deem necessary and which are clearly pertinent to the earth removal activity at any time during the duration of the permit.

At their next meeting after they have received a copy of the earth removal permit application, the boards listed in Subsection A(6)(a) shall each establish a date by which they will be prepared to submit a recommendation relative to said application to the Select Board, which date shall not be later than 30 days after each such Board has received a copy of the earth removal permit application, and shall promptly inform the Select Board of that date.

The following procedure and timetable for processing earth removal applications shall apply:

(1)

The application shall be submitted to the Select Board's office, where it shall be date stamped.

(2)

The Earth Removal-Stormwater Advisory Committee shall review the application and provide written certification to the Select Board as to the completeness and adequacy of the application.

(3)

The Select Board shall have 90 days from the date of certified completeness to the day a written decision is rendered by the Select Board to the applicant.

(a)

If an application is not certified, it shall be returned to the applicant, with a written explanation of deficiencies, within 30 days. The ninety-day time limit referred to above shall not begin to run until such application is resubmitted and certified as complete and adequate.

(b)

If the application is certified, the Select Board shall set a public hearing date at their next regularly scheduled meeting.

(4)

The Select Board shall advertise the public hearing for two successive weeks; the first publication date shall be at least 14 days before the day of the hearing. Public notice will also be given to abutters by certified mail at least 10 days before the public hearing date.

(5)

The Select Board shall announce their decision at a public, regularly scheduled or special meeting, and shall deliver the decision, in writing, to the applicant within 90 days of the date the application was certified.

At the hearing on the earth removal permit application, the applicant shall be prepared to answer questions concerning the application and the proposed earth removal activity. The Select Board will hear from the applicant and will make available the recommendations which it has received from the boards and committees listed in Subsection A(6)(a). The Board will hear from any persons to whom notice was required to be given by mail under the Earth Removal Bylaw and may hear from any other persons likely to be affected by the proposed earth removal.

The Select Board may require persons speaking at the hearing to make their statements under oath and may require the applicant to submit a written response to any recommendations, comments or questions presented at the hearing.

If the Board denies the permit, it shall provide a statement of its reasons for denial. If the Board grants the permit, it will do so in writing, following the form of contract appended to these regulations as Exhibit B, entitled "Earth Removal Agreement." This agreement, to which the permit form is attached, will include such conditions, terms and restrictions as the Select Board deems necessary. These conditions, terms and restrictions may deal with but need not be limited to the matters set out in these regulations in § 239-8.

Editor's Note: Exhibit B is on file in the office of the Select Board and may be examined there during regular office hours.

If the Select Board denies the application, the applicant may resubmit the application and accompanying plans, modified to conform to the reasons for denial. Such resubmission, if made within 30 days after the date of the written statement of reasons for denial, will be subject to procedures applicable to an original submission, except that the recommendations of the boards referred to in Subsection A(1)(a) shall be made to the Select Board within 30 days of resubmission, and the hearing by the Select Board will be within 30 days of the date of resubmission. If no such resubmission is made until after 30 days, it will be deemed to be a new application.

The holder of a permit who wishes to have the terms, conditions or restrictions of an earth removal permit modified or wishes to alter the removal site plan or restoration site plan or seeks an extension of the duration of the permit shall file a modification application which, unless the Select Board otherwise votes, will be treated as an application for a new permit and will be subject to the procedures set out in § 239-6. In any event, a public hearing in accordance with the Earth Removal Bylaw will be held on every request for an extension of the duration of the permit.