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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111657
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I need to know how to close an NOI from the Conservation

Customer Question

I need to know how to close an NOI from the Conservation Committee
( Notice of Intent) I now have 2 and need to close the first one. Septic was #1 Now house is #2
MA.
#1 1999
#2 2004
They put it on the home owner, with no directions.
I don't currently see a lawyer with the right back ground.
Zoning and land use.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The Notice of Intent is merely the official submission document to the local Conservation Commission and state DEP (there are separate forms for local and state submission). The submission and acceptance of the NOI constitutes the beginning of the ‘hearing process’ for the project. The Conservation Commission then has to hold hearings and investigate the property. Once the Commission is satisfied that they have received all information regarding the project and its impact on the resource areas they issue an acceptance or denial of the project.

So, you need to move the Commission to now issue a Order of Conditions as the end result of the process initiated by the NOI. The OOC contains the findings of the hearing process indicating rejection or acceptance of the project. If the project has been accepted the OOC defines the conditions under which the project is to be conducted. The OOC is recorded with the Registry of Deeds on the property itself.

Once the project was completed, within 30 days, the owner must submit a certificate of compliance to the Commission. The Agent verifies that all special conditions of the OOC have been satisfied and submits the final Certificate of Compliance to the Commission for sign-off. Once the Commission has signed off on the Compliance the document is recorded with the Registry of Deeds to clear the OOC from the property deed.

This is the process you must go through. If this was never done, you must now go back to the commission and ask them to approve this project retroactively and issue the compliance certificate to remove the Notice of Intent. If you need an attorney locally, you would use a local real estate attorney who deals with land use cases.