[HISTORY: Adopted by the Conservation Commission 12-4-1997. Amendments
noted where applicable.]
The Commission shall be governed by Robert's
Rules of Order Revised in all questions of parliamentary procedure
not provided for by special rules or orders herein.
[Amended 5-14-2015]
Regular meetings shall be held on the first
and third Thursday of each month, or as otherwise voted by the Commission,
convening at a time voted upon by the Commission and ending at 11:00
p.m.
A quorum shall consist of a majority of its
members (four of seven, irrespective of whether all seven slots are
filled by Town Council ratification). If at any time a meeting is
called to order, or if during a meeting less than a quorum is present,
the Chair shall declare a recess of not more than 10 minutes, after
which time, if a quorum is not present, the meeting shall be adjourned.
Any member may call for a roll call on the question of the presence
of a quorum.
[Amended 5-14-2015]
By law, public notices of all Commission meetings,
except in emergencies, must be posted with the Town Clerk a minimum
of 48 hours before any meeting. Meeting notice forms emanate from
the Town Clerk's office and will include the name of the Commission
and the date, time and place of the meeting.
[Amended 5-14-2015]
A written record of each Commission meeting
is required by law and becomes part of the public record. Minutes
must contain the date, time and place of the meeting, members present
or absent, all formal votes of the Commission, a reasonable summary
of discussion and the revision dates of any plans or forms submitted
by applicants. Minutes must be formally accepted by the commission.
Minutes of all Commission meetings must be placed on file in the office
of the Town Clerk where they will be available for public inspection
upon request.
[Amended 5-14-2015]
A.
The Chairman
shall take the Chair at the hour appointed for the Commission to meet
and shall immediately call the members to order. In the absence of
the Chairman, the Vice Chairman shall assume the role of the Chairman
pro tem. In the event both the Chairman and Vice Chairman are absent
the Chairmanship shall be assumed by the member with the most seniority
on the Commission.
B.
The Chairman
shall preserve decorum and order, may speak to points of order in
deference to other members, and shall decide all questions of order,
subject to an appeal to the Commission, regularly seconded. No other
business shall be in order until the question on the appeal has been
decided.
C.
The Chairman
shall recognize members, applicants and citizens in an order which
best serves the interests of the Commission. Those interests are:
D.
The Chairman
may at any time declare a recess for not more than 10 minutes, and
such action shall not be subject to appeal, nor shall any motions
apply thereto.
A majority of members ratified to serve on the
Commission shall be required to elect a Chairman and Vice Chairman
on an annual basis.
[Amended 5-14-2015]
All questions shall be stated and put by the
Chairman. The results of a voice vote and/or raised hand votes shall
be declared by the Chairman. Where the result of a vote is in doubt,
the Chairman may, and on demand of any member shall, call for a raised
hand vote.
A.
All action taken by the Commission requiring a vote
will be by a simple majority (majority of members present and voting)
except as otherwise provided by Massachusetts General Laws, Home Rule
Charter, Bylaw or as set forth herein.
B.
In the event of a tie vote in any proposal, the proposal
shall be considered lost.
C.
A motion to elect a Chairman or Vice Chairman shall
require a vote.
D.
A motion to conduct separate hearings under the State Wetlands Protection Act, MGL c. 131, § 40, and the Town Wetlands Protection Bylaw, Chapter 181, shall require a vote.
E.
A motion to close a public hearing shall require a
vote.
F.
A motion to decide a request for determination shall
require a vote.
G.
A motion to issue special orders of conditions for
a permit to perform work per the State Wetlands Protection Act shall
require a vote.
H.
A motion to require an applicant to pay the fee of
a consultant per the Town Wetlands Protection Bylaw shall require
a vote.
I.
A motion to determine whether an applicant's presentation
under the Town Wetlands Protection Bylaw has satisfactorily demonstrated
that proposed activities, either individually or cumulatively, are
not likely to have a significant adverse effect upon the functions
and characteristics of a resource area shall require a vote.
J.
A motion to determine whether an isolated wetland
subject to flooding is capable of satisfying the definition of a "vernal
pool" per the Town Wetlands Protection Bylaw shall require a vote.
K.
A motion to issue orders of conditions for a permit
to perform work per the Town Wetlands Protection Bylaw separate from
those issued per the State Wetlands Protection Act, or to deny a permit
to perform work per the Town Wetlands Protection Bylaw, shall require
a vote.
L.
A motion to require an applicant to provide a performance
guarantee per the Town Wetlands Protection Bylaw shall require a vote.
M.
A motion to initiate civil and criminal enforcement
actions per the Town Wetlands Protection Bylaw shall require a vote.
N.
A motion to amend or modify these rules and regulations
shall require a vote. Such a vote shall require a majority of the
full membership of the Commission (i.e., four of seven, irrespective
of whether all seven slots are filled by Town Council ratification).
[Amended 5-14-2015]
The format for hearings under the State Wetlands
Protection Act and under the Town Wetlands Protection Bylaw shall
include at a minimum presentation by the applicant and questions and
discussion by the Commission and public.
No member shall vote on any matter where the
member's private or family interest will conflict with the public's
interest as set out in the State Conflict of Interest Law, MGL c.
268A.
[Amended 5-14-2015]
All meetings of the Commission shall be conducted
in accordance with the State Open Meeting Law, MGL c. 39, § 23,
c. 30A, § 18-25B[1] and 940 CMR 29.
[1]
Editor’s Note: See MGL c. 30A, § 18-25.
As used herein and in the Town Wetlands Protection
Bylaw, the following words shall have the following meanings:
Test pits for the purpose of preparing an application to
the Commission are excluded from the definition of "alter" set forth
in the Town Wetlands Protection Bylaw. Normal landscaping maintenance
activities are excluded from the definition of "alter" set forth in
the Town Wetlands Protection Bylaw. Cutting of any woody plant greater
than one inch at breast height, cutting any herbaceous plant greater
than one foot height at maturity and spreading pesticide, herbicide,
or lawn fertilizer closer than 50 feet to a wetland shall not be considered
normal landscaping maintenance. Changing the elevation of any area
greater than 10 square by more than one foot shall be considered to
satisfy the definition of "alter" set forth in the Town Wetlands Protection
Bylaw.
Any floodplain which satisfies the definitions of "floodplain"
as set out in MassDEP Regulations 310, CMR 10.00. The resource area
of a floodplain is limited to the area of the floodplain and does
not include land within 100 feet of the floodplain.
Plans shall be scaled 40 feet per inch or larger (e.g. 20
feet per inch), indicating the location and extent of a resource area.
Plans shall have initial and revision dates and be plainly labeled
to indicate the location and nature of proposed activities. Plans
for new construction (i.e. not additions) shall include topographic
contours of at least two-foot intervals. This definition does not
preclude the Commission from requiring other information such as drainage
calculations, replication schedules, etc.
Any activity which is determined by a vote of the Commission
to be likely to result in a significant adverse effect of the functions
and characteristics of a resource area.
Any isolated wetland subject to flooding which is determined
by a vote of the Commission to be capable of satisfying the definition
of a vernal pool as set forth in the MassDEP Regulations 310, CMR
10.00.
