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CITY OF HOLYOKE, MASSACHUSETTS - page 9 / 43

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f)

The Determination shall be signed by a majority of the Commission and shall be sent by the Commission to the person making the Request within twenty-one (21) days of the close of the public meeting or any continuance thereof.  

g)

A Determination shall be valid for three years from date of issuance and may not be renewed or extended.

h)

In the event of a positive Determination, an Application for Permit shall be filed for any activity subject to jurisdiction of the Ordinance, and all of the procedures set forth in Section III (E) relative to such Applications shall apply.

E.

Notice of Intent Application for Permit

1.

Any person proposing to do work that will remove, fill, dredge, build upon, or alter any Area Subject to Protection Under the Ordinance shall submit an Application for Permit, and other application materials in accordance with the submittal requirements set forth in Section of these regulations.

2.

If the Commission determines that an application is incomplete or improper, it shall notify the applicant within twenty-one (21) days of the date of receipt.  The Commission may:

a)

Return the application in which case all required time period for application processing will be terminated.

b)

Require additional information and materials to be submitted within a specified period of time which shall be no later than the date of the scheduled public hearing.

c)

Continue the public hearing at the applicant’s expense for a period to be determined by the Commission.

3.

The Commission will accept as the Application form under this Ordinance WPA Form 3 Notice of Intent file under the Act, with the addition of information required in Section IV of these regulations.

4.

The person making the Application for Permit shall send to the following: by certified mail, return receipt requested or by hand delivery notice of the time and place of the public hearing to the owner, all parties of interest, and to all abutters of the property line of the land where the activity is proposed at least five (5) days prior to the hearing date.  The notice shall state where copies of the Application may be examined and obtained.

5.

Any person who purchases, inherits, or otherwise acquires real estate upon which work has been done after May 15, 1990, the enactment date of the Ordinance, in violation of the provisions of the Ordinance or in violation of any permit issued pursuant to the

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