PROVINCETOWN CONSERVATION COMMISSION

260 Commercial St.

Provincetown, MA 02657

(508)487-7020, fax 487-9560

APPLICANT GUIDELINES

Effective: March 1, 1997

CONSERVATION COMMISSIONS ARE REGULATORY BOARDS CREATED BY THE MASSACHUSETTS WETLANDS PROTECTION ACT (MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AND 310 CODE OF MASSACHUSETTS REGULATIONS 10.00) AS WELL AS PROVINCETOWN BYLAWS (CHAPTER 12) TO PROTECT PROVINCETOWN'S WETLAND RESOURCES BY PROVIDING A REVIEW PROCESS FOR PROPOSED PROJECTS LOCATED ON SITES DIRECTLY WITHIN, BORDERING ON OR WITHIN 100 FEET OF ANY FRESH OR SALTWATER RESOURCE AREA.

APPLICANT'S GUIDE TO THE CONSERVATION COMMISSION

Effective March 1, 1997 this Applicant's Guide to the Conservation Commission, written in "Cookbook" style, lists what you need to know and do, how to do it and when. This effort represents the Commission's commitment towards eliminating uncertainty and unnecessary effort from our permitting process.

This complete version, also available on micro floppy disk, is designed as a source document for frequent users. One time Commission users should obtain project specific brochures, excerpted from these guidelines, at the Commission office in Town Hall.

Gordon Peabody

Commission Chair

March 1997

page 2

APPLICANT GUIDELINES (Continued)

TABLE OF CONTENTS

SECTION I: FIRST CONTACT

A. QUESTIONS AND ANSWERS page 3

B. WHICH FORM TO USE page 5

C. PROTECTED AREAS DEFINED page 6

D. PUBLIC INTERESTS DEFINED page 8

E. COMMISSION LANGUAGE DEFINED page 8

SECTION II: UNDERSTANDING THE PROCESS

A. INFORMATION REQUEST/COMPLAINT FORM page 9

B. EXPEDITED DETERMINATION; (ED) page 9

C. CONDITIONAL APPROVAL PENDING REVIEW page 10

D. NOTIFICATION OF PROJECT CHANGE page 10

E. AMENDING ORDER OF CONDITIONS page 11

F. EXTENDING ORDER OF CONDITIONS page 12

G. CERTIFICATE OF COMPLIANCE page 13

H. EMERGENCY CERTIFICATION page 13

I. REQUEST FOR DETERMINATION page 14

J. NOTICE OF INTENT REQUIREMENTS page 16

K. TITLE V INSTALLATION page 18

L. WITHIN 100' FEET OF SHORELINE page 18

M. NOTICE OF INTENT PROCEDURES page 18

SECTION III: AVOIDING HEADACHES

A. ENFORCEMENT page 21

B. PENALTIES page 22

C. COMMON PROBLEMS page 23

page 3

SECTION I: FIRST CONTACT

A. QUESTIONS AND ANSWERS:

1. DO WE NEED COMMISSION REVIEW FOR OUR BUILDING PERMIT ?

Any activity within wetlands (beach tideline areas, marshes, ponds, bogs, swamps etc.) or within one hundred feet of wetlands, requires review.

2. HOW DO WE CONTACT THE COMMISSION ?

4-5 p.m. daily, downstairs in Town Hall, (508) 487-7020.

260 Commercial Street, Provincetown, MA 02657.

3. WHO IS ON THE CONSERVATION COMMISSION ?

Five volunteer Provincetown residents, appointed by the Town Manager and approved by the Selectmen for three year terms. Town Clerk has member list.

4. WHAT DO COMMISSION MEMBERS DO ?

1. Understand the Wetlands Protection Act as it applies to Provincetown.

2. Study proposed projects.

3. Make site inspections.

4. Meet monthly in public meetings.

5. HOW DOES THE COMMISSION PROCESS ACTUALLY HAPPEN ?

1. Applicants pick up, fill out and submit forms which place them on the Commission agenda.

2. At a public meeting, information is presented to locate Wetlands.

6. WHAT HAPPENS WHEN WETLANDS BOUNDARIES ARE LOCATED ?

The Commission determines the type of Wetlands which constitutes a Resource Area protected by the Act.

7. IF PROTECTED WETLANDS ARE PRESENT, IS THE PROJECT DEAD ?

This is the most common misconception about Conservation Commissions.

8. WHAT HAPPENS IF PROTECTED AREAS ARE PRESENT ?

The Commission is required to determine the project's impact on public interests in Protected Resource Areas.

9. WHAT HAPPENS IF THE PROJECT DOESN'T HAVE AN IMPACT ?

Projects determined to have no impact are permitted to go ahead without further contact with the Commission.

10. WHAT IF THE PROJECT IS DETERMINED TO HAVE AN IMPACT ?

The applicant is asked to provide information allowing the Commission to assess specific impacts and develop an Order of Conditions.

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page 4

SECTION I: FIRST CONTACT (Continued)

11. WHAT IS AN ORDER OF CONDITIONS ?

The Commission is required by State law to write specific performance standards designed to protect Statutory Public Interests in Resource Areas. These standards are written up as an Order of Conditions, which requires a majority Commission vote for approval.

12. WHAT IF THE CONDITIONS CONFLICT WITH THE PROJECT ?

The Commission may be required to issue a partial approval, or deny approval for the project.

13. HOW LONG DOES THE COMMISSION PROCESS TAKE ?

Completed and accurate forms received by the first Thursday of each month are placed on the next Commission Public Meeting agenda.

14. WHEN AND WHERE DOES THE COMMISSION MEET ?

The third Thursday each month in Town Hall at 6:30 p.m.

15. WHAT ARE THE LEGAL RESPONSIBILITIES OF THE APPLICANT ?

To provide requested information completely and accurately on the proper form, or "be denied without prejudice" for lack of information 10.05(6)(c).

16. WHAT ARE THE LEGAL RESPONSIBILITIES OF THE COMMISSION ?

1. To respond to applicants in a timely manner.

2. Follow Massachusetts Open Meeting Laws by conducting public deliberations followed by a vote.

3. Avoid the appearance of favoritism towards applicants or the appearance of having been unduly influenced by contact with applicants or their representatives.

4. To make a public disclosure regarding conflicts in family, neighborhood or financial relationships as in Conflict of Interest Laws for Municipalities.

17. HOW DOES COMMISSION APPROVAL AFFECT OUR PROJECT ?

1. The project may go forward through the Inspections Department.

2. Required permits from other boards are still necessary as required by the permitting process.

3. Revisions or modifications in project plans require the filing of a Request for Project Change.

18. HOW DOES THE COMMISSION FIT INTO THE PERMITTING PROCESS ?

Most proposed projects require Building Permits, some require Board of Health permits as well. In some cases, Historic, Zoning and Licensing will also require approvals. Any activity on project sites within Commission jurisdiction will require Commission review and approval.

Continued F

SECTION I: FIRST CONTACT (Continued) page 5

19. WHICH TOWN BOARD SHOULD WE APPLY TO FIRST ?

Applications can be made singulary or in concurrently, depending on the complexity of the project. Consult the Town's Permitting Coordinator.

20. HOW WILL THE NEW PERMITTING PROCESS MAKE A DIFFERENCE?

Town regulatory boards are revising applicant guidelines, using newly developed integrated software programs and working with the Town's Permit Coordinator to facilitate user friendly access and timely response to applicants.

B. WHICH FORM TO USE ?

1. COMPLAINTS OR QUESTIONS ?

Use Conservation Commission Information Request/Complaint Form.

2. TO DETERMINE RESOURCE AREAS ON THE PROPERTY ?

Request for Determination

3. A SIMPLE REPLACEMENT 1 FOR 1, SAME TYPE & LOCATION ?

Within a Resource Area; Request for Determination

Adjacent to a Resource Area; Expedited Determination

4. MAKING MINOR, NON-STRUCTURAL CHANGES ?

Within a Resource Area; Request for Determination

Adjacent to a Resource Area;

Conditional Approval Pending Review

5. REMODELING PROJECT WITH STRUCTURAL CHANGES ?

Within a Resource Area; Notice of Intent

Adjacent to a Resource Area; Request for Determination

6. NEW CONSTRUCTION ?

Within a Resource Area; Notice of Intent

Adjacent to a Resource Area;

Request for Determination

7. MAKING CHANGES IN A PREVIOUSLY APPROVED PROJECT ?

With permit from a Request for Determination;

Request for Project Change

From a Notice of Intent with an Order of Conditions;

Request for Amended Order of Conditions

8. ORDER OF CONDITIONS PROJECT HAS BEEN COMPLETED ?

Request for Certificate of Compliance

Continued F

SECTION I: FIRST CONTACT (Continued) page 6

9. INSTALLING TITLE V SEPTIC SYSTEM ?

Within any Resource Area; Notice of Intent

10. MAKING MINOR REPAIRS TO PIER OR BULKHEAD ?

Request for Determination

11. MAKING STRUCTURAL CHANGES TO PIER OR BULKHEAD ?

Notice of Intent

12. UNCERTAIN OF CLASSIFICATION ?

Request for Determination

IMPORTANT: ALL SUBMITTED FORMS MUST PROVIDE:

1. THE CURRENT DATE

2. LOT AND PARCEL NUMBER

3. STREET ADDRESS OF LOT

4. OWNER'S NAME, ADDRESS AND PHONE NUMBER

5. REPRESENTATIVE'S NAME, ADDRESS AND PHONE NUMBER

NOTE:

* Requests with complete and accurate information received by the first Thursday of each month are placed on the next Commission Public Meeting agenda.

* Late or incomplete submissions will automatically be placed on the agenda for the following month.

* The applicant or representative will be mailed a copy of the agenda.

* Commission Meetings are posted on the Town Hall bulletin board and appear in The Advocate legal advertisements.

* The applicant or representative is expected to attend the Commission Public Meeting to present the proposed project.

* The Commission will deliberate and vote at the Public Meeting.

* Commission Public Meetings provide a legally required format for exchange of pertinent project information between the applicant, the Commission and any interested parties.

C. PROTECTED AREAS DEFINED:

RESOURCE AREAS;

THE FOLLOWING AREAS ARE SUBJECT TO THE CONSERVATION COMMISSION'S JURISDICTION AND PROTECTION:

1. PROTECTED POND:

An area containing water year round, except during severe drought (a period of 4 or more months when rainfall is less than half the ten year average according to the U.S. Weather Service). The surface must have been 10,000 square feet (a quarter acre) within the last ten years.

Continued F

SECTION I: FIRST CONTACT (Continued) page 7

2. PROTECTED BORDERING VEGETATED WETLANDS:

Boundaries subjected to annual flooding extending outward from wetlands. Boundary areas can be determined by the presence of known vegetation (50% of plants present being wetland species) capable of surviving these conditions. Soil hydrology may provide secondary criteria where necessary.

3. PROTECTED ISOLATED WETLANDS SUBJECT TO FLOODING:

Isolated depressions (with no annual outflow) which, at least once a year, contains a quarter acre foot of water. This would also apply to larger, shallower areas, such as half an acre with an average depth of six inches. This boundary is defined by the largest observed or recorded volume of water confined.

4. VERNAL POOL HABITAT: (NOT AUTOMATICALLY PROTECTED)

Seasonally flooded pools, providing particularly valuable wildlife habitat. Sizes may range from upland pockets to temporary ponds and flooded depressions. If a vernal pool has been certified by the Massachusetts Natural Heritage and Endangered Species Program and is located within a Resource Area, it may be considered part of this special category of wetland Resource Areas. Protection area includes a 100 foot zone surrounding the vernal pool if it is within land subject to flooding. Does not include any buffer zone.

5. PROTECTED COASTAL DUNE:

Landward ridge of sediment on a coastal beach. Subject to creation, movement and depletion in response to wind and wave action.

6. PROTECTED LAND SUBJECT TO COASTAL FLOODING:

Land flooded by any coastal storms, including the 100 year storm, surge of record or storm of record, whichever is highest. These lands are identified on Federal Emergency Management Agency (F.E.M.A.) flood insurance rate maps. Subject to historically high erosion rates.

7. VELOCITY ZONES:

Any portion of the Protected Coastal Lands subject to high velocity waves at least three feet high. These zones with highest potential for property damage, are identified on F.E.M.A. maps. While construction in this area is also addressed by the State Building Code (780 CMR 744.0), the code only focuses on issues of structural integrity and not environmental protection.

8. BUFFER ZONE:

Area reaching 100 feet horizontally from Protected Resource Areas except in cases of Isolated Wetlands and land subject to storm surge or flooding. Necessary for stabilization of shore line, control of runoff, sedimentation and prevention of erosion. These zones have different restrictions from adjacent Resource Areas, but projects within this zone must be reviewed to determine if those activities need to be conditioned in order to protect Resource Areas.

Continued F

SECTION I: FIRST CONTACT (Continued) page 8

D. STATUTORY PUBLIC INTERESTS DEFINED:

STATUTORY INTERESTS;

WETLANDS REGULATIONS ESTABLISH EIGHT SPECIFIED STATUTORY PUBLIC INTERESTS TO BE PROTECTED:

1. PUBLIC AND PRIVATE DRINKING WATER SUPPLIES

2. GROUNDWATER SUPPLIES (NOT LIMITED TO DRINKING)

3. PREVENTION OF POLLUTION

4. FLOOD CONTROL

5. STORM DAMAGE PREVENTION

6. FISHERIES

7. LAND CONTAINING SHELLFISH

8. WILDLIFE HABITAT

PROVINCETOWN WETLAND BYLAWS INCLUDE;

9. RECREATIONAL INTERESTS

E. COMMISSION LANGUAGE DEFINED:

CONDITIONS DESIGNED BY THE COMMISSION WORKING WITH THE APPLICANT, TO AVOID, PREVENT OR MITIGATE NEGATIVE IMPACTS TO PUBLIC INTERESTS FROM A PROPOSED PROJECT.

1. FLAGGED BOUNDARIES:

When requested, should consist of numbered, uniquely colored flags on 36" wooden stakes placed ten feet apart, delineated on plans with referenced numbers.

2. LIMIT OF WORK:

Line restricting activity on any project site abutting a Resource Area.

3. EROSION CONTROL:

Standard erosion control measures, usually erected along a limit of work, include straw bale (not hay) sedimentation barriers (overlapped by 1/3 and double staked), and a 24" high semi-permeable filter cloth silt fence, dug in 6" along the downslope side of the straw bales and supported by stakes spaced every 6'. Open, sloped areas without vegetative cover are usually covered with 6" of straw mulch held in place with staked jute netting. Erosion control needs to be maintained pending re-vegetation.

Continued F

SECTION II: UNDERSTANDING THE PROCESS page 9

A. INFORMATION REQUEST/COMPLAINT FORM:

PROTOCOL FOR REQUESTING COMMISSION RELATED INFORMATION;

REQUIRED:

1. Complaints need to include specifics of potential violations, (dates, times, persons involved).

2. Include communication specifics for contacting you; address, phone numbers and times.

3. Verbal requests and verbal complaints should use this form.

PROCEDURE:

Commission response within 48 hours from receipt of Request/Complaint Form by the Commission.

B. EXPEDITED DETERMINATION; (E.D.):

TO EXPEDITE PERMITTING FOR "ONE FOR ONE, SAME TYPE, SAME LOCATION" MINOR, NON-IMPACTING REPLACEMENT PROJECTS OUTSIDE OF RESOURCE AREAS.

THE COMMISSION'S WILLINGNESS TO FACILITATE PERMITTING CANNOT SUPERSEDE OBLIGATIONS UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT.

PROJECTS WITHIN RESOURCE AREAS MAY REQUIRE A Request for Determination.

NOTE: A COMMISSION DECISION TO EXPEDITE REVIEW OF A PROPOSED PROJECT SHALL NOT IN ANY WAY PRECLUDE;

* SUBMISSION REQUIREMENTS

* A THOROUGH REVIEW

* NOR IMPLY EVENTUAL PROJECT APPROVAL

REQUIRED:

1. Site plan indicating resource area boundaries.

2. Site plan identifying project work area.

3. Sketch, diagram or photo of project.

4. Brief written description of project.

PROCEDURE:

1. Applicants may submit this form prior to permitting.

2. D.R.M. may submit this form during permitting.

3. Commission response within 48 hours from receipt of complete and accurate information by the Commission Chairman.

4. Changes or additional work will require refiling.

Continued F

SECTION II: UNDERSTANDING THE PROCESS (Continued) page 10

C. CONDITIONAL APPROVAL PENDING REVIEW; (C.A.P.E.R.):

VERY LIMITED USE FOR NEW PROJECTS.

ALLOWS PERMITTING OF MINOR NEW PROJECTS BY MUTUAL AGREEMENT TO EX POST FACTO (after the fact) COMMISSION REVIEW.

THE COMMISSION'S WILLINGNESS TO FACILITATE PERMITTING CANNOT SUPERSEDE OBLIGATIONS UNDER THE WETLANDS PROTECTION ACT IF A Request for Determination IS REQUIRED.

NOTE: A COMMISSION DECISION TO FACILITATE PERMITTING OF A PROPOSED PROJECT SHALL NOT IN ANY WAY PRECLUDE;

* SUBMISSION REQUIREMENTS

* A THOROUGH REVIEW

* NOR IMPLY EVENTUAL PROJECT APPROVAL

REQUIRED:

1. Completed Request for Determination, including:

* Site plan indicating resource area boundaries.

* Site plan identifying project work area.

* Plans of specific project.

2. Completed C.A.P.E.R. Form.

3. Property owner consent and approval.

PROCEDURE: