94- 412 C.M.R. ch. 101, § 3

Current through 2024-51, December 18, 2024
Section 412-101-3 - Notice of Application
A. Prior to or at the time of filing an application under these regulations, the applicant shall submit to the Commission a copy of a notice in the form prescribed by the Commission together with proof that he/she has provided such notice to:
(1) The chief municipal officer and the planning board of the municipality wherein the proposed activity is to occur;
(2) Organizations qualified under Section 966-A of the Act;
(3) Owners of land within the corridor which is either within 500 feet of the proposed land use activity or which abuts the property on which the proposed land use will occur.

Proof of notice shall be appropriate certificates of mailing, postal receipts, or dated signature of the party to be notified. Such notice shall state the date upon which the application is to be filed with the Commission.

B. If the Commission determined that it is impracticable to provide personal notice to all landowners in paragraph A, or that the impact of the proposed activity will be so slight as to be inconsequential or de minimus, it may waive the requirement for such notice or require such other notice as it deems appropriate.
C. If the application requires a public hearing or involves a use which the Commission determines could have a significant impact on the environmental quality of the Saco River Corridor, it may direct that the applicant public notice or arrange for such publication in a form and manner prescribed by the Commission, in a newspaper with a circulation in the municipality wherein the proposed activity is to occur, and the application shall not be deemed completed until such notice as been published.
D. In cases in which a similar notice is required by another municipal, state, or federal agency, the Commission may authorize the applicant to give notice of the application being filed with the Commission at the same time and in the same manner and form as may be required by other agency, provided that such notice substantially conforms to the notice requirements established by this rule.
E. Written comments regarding the proposed land use may be submitted to the Commission by any person within fourteen (14) days of the filing of the application or publication of notice, whichever is later. Failure of any person to receive notice shall not invalidate any subsequent action by the Commission. Comments received after fourteen (14) days may be considered by the Commission at its discretion.

94- 412 C.M.R. ch. 101, § 3