94- 412 C.M.R. ch. 101, § 2

Current through 2024-51, December 18, 2024
Section 412-101-2 - Application, Application Fee
A. Two (2) written copies of each application shall be submitted in a form approved by the Commission and shall be accompanied by such fees as may be established by the Commission.
B. Applications may be required to include at the discretion of the Commission the following information:
(1) Identification of applicant;
(2) Right, title, and interest of the applicant in the subject property;
(3) Identification of landowner;
(4) Description and purpose of proposed activity;
(5) Other approvals required and action taken to obtain such approval;
(6) Site data indicating existing site conditions;
(7) Site data indicating all proposed structures and alterations to the site;
(8) Information to indicate the impact of the project on the site;
(9) Proposed measures to minimize the adverse effect on the environment;
(10) Information to show how utilities are to be provided;
(11) Proposed dates of commencement and completion;
(12) Plans for future expansion beyond those presented in the application, if any;
(13) Ownership of the subject property and abutting property as of March 19, 1974;
(14) Information to show the applicant has the technical ability and financial capacity to complete the undertaking.

The Commission may require such additional information from an applicant as it deems necessary to determine whether the proposed use will meet the requirements of the Act; or, if a variance is being requested under Section 963 or 963-A. of the Act, information specifically addressing the factors surrounding the applicant's assertion of the need for a variance. Such additional information may include, but is not limited to, topographic or other information regarding the unique physical aspects of the property and financial information which demonstrates any claimed economic hardship imposed by the performance standard(s) form which the applicant is seeking a variance.

C. In cases in which a proposed use within the corridor requires the approval of another municipal, state, or federal agency, the Commission may authorize the applicant to substitute either in whole or in part, the application forms filed with such other agency for the forms prepared by the Commission, provided that the information submitted to the other municipal, state, or federal agency is substantially the same as that required by the Commission.
D. Applications shall be filed with the Commission at its office. It shall be the responsibility of the applicant to see that the completed application is received by the Commission on or before the date of filing specified in the notices required under Section 3.
E. The Commission shall take no action with respect to an application unless it determines that:
(1) The application has been received in conformance with Section 2.D. ,
(2) The application has been properly completed,
(3) All requested information and exhibits are properly submitted,
(4) The proper application fee has been paid, and
(5) Adequate notice of the application has been given.

94- 412 C.M.R. ch. 101, § 2