The permit and application required by this article shall not be required for maintaining,
repairing, or replacing an existing and lawfully located structure or facility which
is used in the service of the public to provide electric, gas, water, sanitary sewer,
telephone, telegraph or other telecommunication services, provided that written notice
has been given to the conservation commission prior to the commencement of work, that
the structure or facility will not be, in the opinion of the conservation commission,
substantially changed or enlarged, and provided that any work done conforms to the
performance standards and design specifications in regulations adopted by the conservation
commission.
The permit and applications required by this article shall not apply to the harvesting
of forestry products under the provisions of M.G.L.A. c. 132, §§ 40—46, when an approved
forest cutting plan has been properly filed with the conservation commission.
The permit and application required by this article shall not apply to emergency projects
necessary for the protection of the health or safety of the public provided that the
person requesting permission to do an emergency project specifies why the project
is necessary for the protection of the health or safety of the public and the agency
or department of the Commonwealth or of any subdivision thereof which is to perform
the project or has ordered its performance. Any person to perform such emergency project
or who has ordered its performance shall notify the Chairman of the Westfield Conservation
Commission or, in his/her absence, any member thereof, prior to commencing the project
and said chairman or member shall be authorized, after site inspection, to certify
the project as an emergency project. The certification of the project as an emergency
shall be placed on the agenda of the next regularly scheduled Westfield Conservation
Commission meeting and said commission shall vote as to whether or not to ratify the
certification of the project as an emergency. If ratification is withheld, all work
on the project shall cease and the usual permit and application process followed.
If ratification is approved, no further action shall be required. No work on any emergency
project shall be conducted after the expiration of 30 days from the initial certification
of the project as an emergency project.
