Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Permitting Process topic
No spam. Unsubscribe anytime.
Commission discusses MassDEP guidance on amendments to final orders of conditions; members weigh minor modification vs. full NOI
Summary
Commissioners reviewed MassDEP guidance (Wetlands Program Policy 85-4) that advises broader public notice for amendments to final orders of conditions; the commission agreed to research definitions distinguishing minor modifications from amendments and to provide informational materials to applicants.
The Templeton Conservation Commission on July 21 discussed new MassDEP guidance (Wetlands Program Policy 85-4) addressing amendments to final Orders of Conditions and the commission’s process for handling minor modifications.
What the guidance says: Commissioners read language from the MassDEP memorandum indicating that amendments to final orders may require public notice, an abutter list, and possibly re-filing an NOI depending on the scale of changes. The guidance advises publishing a legal notice and notifying abutters for amendments so the public and town staff have an opportunity to comment.
Commission concerns: Commissioners said the guidance appears broad and could require additional expense and time for applicants, even when revisions are less impactful. Discussion covered two points: whether less-impactful changes (for example, reducing impervious area or small planting adjustments) should trigger the amendment process and whether a local “minor modification” pathway can be maintained for truly minor, non-impactful changes.
Clarifying next steps: The commission asked staff to follow up with MassDEP for clarification on when an amendment requires a new NOI versus a documented minor modification, and asked staff to prepare an informational handout for applicants detailing the new expectations (including abutter-notification costs and legal-ad costs). Staff noted the assessor’s abutter list costs $10 and the commission’s newspaper legal ad is typically under $200; certified-mail postage is an additional applicant cost.
Why it matters: The change affects the permitting process for projects already under an Order of Conditions; it could increase costs or delays for property owners who need to adjust approved plans. Commissioners said they want to avoid unnecessary burden for residents while complying with state guidance.
Follow-up: Staff will research the distinction between amendments and minor modifications, report back at the next meeting and incorporate the MassDEP guidance into office intake materials if necessary.
