7.4.7 Waiver. Notwithstanding any provisions in Section 7.4.6 to the contrary, Section
7.4.7 Waiver. Notwithstanding any provisions in Section 7.4.6 to the contrary, Section 7.4.6 shall not require the filing of site plans or as-built plans pursuant to subparagraphs (a) and (c) of those sections, provided that the earth removal operations being performed: (1) do not involve the removal of more than ten (10) cubic yards of earth material in the aggregate in any year from or on any one lot, tract or parcel of land; occur on any one lot, tract or parcel of land used principally for agricultural purposes and such earth removal operations are directly related to such agricultural use; or the property owner or its agent, duly authorized by such owner in writing, files with the applicable SPGA a request for a waiver from the SPGA to waive the site-plan and as-built plan requirements of Section 7.4.6.2 and payment of such fees as may be set by the Town pursuant to G. L. Ch. 40, s. 22F. The SPGA shall grant such waiver to the property owner only upon: (1) receipt of such written request for the waiver and filing fees; and (2) making a finding and determination that (a) unusual circumstances affect the land and structures, (b) the property owner would suffer hardship related to his or her property but for the grant of such waiver, and (c) the proposed earth removal operations and granting of such waiver will not be a substantial detriment to the public good and will not nullify or substantially derogate from the intent or purpose of this Section.