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3.11 SELF IMPOSED HARDSHIPS
The phrase “self-imposed hardship” is not found in either the Wetlands Protection Regulations or the Water Quality Certification Regulation. Water Quality Certification Regulations provide that in certain circumstances, a practicable alternatives analysis should consider lots both currently and formerly owned by an applicant. 314 CMR 9.06(1)(c)1. This suggests that when, for example, an applicant has sold off a means of access, the Department may take that into account in evaluating a water quality certification application.
The Rivers Protection Act 310 CMR 10.58(4) states that the area under consideration for practicable alternatives extends to the original parcel and the subdivided parcels, any adjacent parcels, and any other land, which can reasonably be obtained within the municipality for adjacent lots. Reasonably be obtained, means to purchase at market prices if otherwise practicable, as documented by offers (and any responses). For other land,”reasonably be obtained” means adequate in size to accommodate the project purpose and listed for sale within appropriately zoned areas, at the time of filing a Request for Determination or Notice of Intent, within the municipality. Alternatives extend to any sites which can reasonably be obtained within the appropriate area.
Additionally, the final decision regarding Rabecki, docket # 97-020, approved by Commissioner Liss, upholds the Greenfield Conservation Commission’s decision that Rabecki created a self-imposed hardship by purchasing land where he knew that the previous owner had subdivided off all upland access to the property interior. DEP upheld the Commissions decision noting that the prior subdivision prevented upland access to the properties interior and was therefore a self-imposed hardship.
As such: The SCC, in determining whether a self-imposed hardship exists, shall take into account whether alternatives exist/existed, any lots both currently and formerly owned by an applicant, and those lots reasonably available to an applicant.
No special consideration will be given for self imposed hardships. No special consideration will be given for not being aware of the requirements of the Wetlands Protection Act, 310CMR 10.00, the Town of Sturbridge Wetland Bylaw, the Town of Sturbridge Conservation Commission Regulations or Policies or any part thereof. No special consideration will be given for those who seek and obtain Planning Board subdivision approval and partially develop parcels, lots or projects of any type prior to delineating and determining resource area boundaries and the 200-foot buffer zone to same.
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