CHAPTER 10 – POST HEARING REQUIREMENTS
After a permit is issued by the Commission, there is a ten day appeal period, when the applicant or abutters can appeal the decision of the Commission (if they disagree) to the state DEP (in cases where hearings relate to the Wetland Protection Act or other State Regulations). There is a 60 day appeal period when an applicant or abutters can appeal a decision of the Commission to Superior Court (in cases of hearings where hearings relate to the Town of Sturbridge Wetlands Bylaw). In most cases, both sets of regulations will apply.
After an applicant receives a permit from the Commission and prior to the start of work, they must record the Order of Conditions permit at the Registry of Deeds, 2 Main Street, Worcester MA. 01608. There is a charge for the recording. The phone number for the registry, at the time of this printing is 1-508-798-7713; this number is subject to change. Alternatively, the applicant may request that the permit be recorded by the Commission clerk and submit a check for the cost of recording the permit, made payable to the “Commonwealth of Massachusetts”.
After receiving a permit from the Commission and prior to the start of any work, the erosion control on the site shall be installed as agreed to on the final plan submitted and approved by the Commission. The Commission or agent or representative of the Commission shall be given 72 hours notice to inspect the erosion control and request changes. All replication, mitigation and posting of bonds or recording of covenants if required, must be complete and in place prior to the start of any work. After that time period, the applicant may start work and the inspection and possible requests for changes in the erosion control will be made at the Commission’s earliest convenience. The Commission may conduct site inspections at any reasonable time until a certificate of compliance is issued, for
compliance with the permit issued, or with state and local law, bylaw and regulation.
See also requirements for Extensions - Chapter 4.11, Certificates of Compliance - Chapter 4.12, Appeals - Chapter 4.15
10.1 POST HEARING START-UP REQUIREMENTS
10.1.1 Sedimentation and Erosion Control
Sedimentation and erosion controls shall be installed in such a manner that no sediment or erosion enters any resource area or leaves the property in any way. During heavy rainstorms, uncontrolled erosion and sedimentation often travel off properties and down roadways into catchbasins and nearby wetlands unchecked, creating impacts to town infrastructure and pollution of nearby resource areas. As such, erosion control will be required for all areas where the potential for downgradient impact exists.
Failure to contain and control sedimentation and erosion on site and out of resource areas and restricted buffers will result in a Cease and Desist Order. All work on site will be stopped until erosion control barriers are corrected and sediments removed from resource areas, restricted buffer areas or impacted off-site areas.
10.1.2 Requirements to be Met Prior to Start of Work.
Requirements which must be met prior to the start of work shall include but not be limited to the following:
Ø Review the Order of Conditions;
Ø Ensure all pre-start conditions have been met or addressed;
Ø Notify the SCC of Compliance with pre-start conditions;
Ø All site contractors and responsible parties must have a thorough knowledge and understanding of the OoC;
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