[Adopted as Art. VII, § 37, of the 1988 General
Bylaws]
This article establishes public participation requirements to
improve the public process following the filing of a site assignment
application for a new solid waste facility.
The purpose of this article is to protect the rights of the people of Cohasset to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution.
[Amended 4-30-2018 ATM
by Art. 18]
This article is adopted pursuant to the Home Rule Amendment
of the Massachusetts Constitution, Article 89 of the Articles of Amendment,
independent of the provisions of MGL c. 111, § 150A, and
regulations promulgated thereunder.
[Amended 5-24-2021 ATM by Art. 28]
This bylaw establishes procedures to require an informational
meeting by the Board of Public Health which is held following the
filing of an application for a site assignment for a proposed solid
waste facility.
A.
The Board of Public Health shall hold a public informational meeting
no later than 45 days following the receipt by the Board of a site
assignment application for a proposed solid waste facility, where
the applicant shall be invited to give a short presentation and answer
questions from attendees.
B.
At least 14 days prior to commencement of said informational meeting,
the Board of Public Health shall:
(1)
Require
the applicant to place a large four-foot by eight-foot sign at the
proposed site, on the property visible from the nearest public way,
which states in a clearly readable typeface that "This is a proposed
site of a (type of facility) proposed by (name of applicant). An informational
meeting on the application will be held (date) (time) at (location).
For more information contact (name, title, phone number and address
of Board of Public Health contact)," and which shall contain a brief
description of the proposed project and where application materials
can be reviewed.
(2)
Send
notice of said meeting, which shall include a brief description of
the project, the date, time and location of the meeting, how residents
can participate in the meeting, and where application materials can
be reviewed, by first-class mail to all residents and landowners located
within one mile of the proposed site, including residents and landowners
in an abutting town if the proposed site is within 1/2 mile of that
town (an "abutting town").
(3)
Forward
a copy of the application for site assignment to the Paul Pratt Memorial
Library and to the public library in an abutting town, if any, and
place a copy on the Internet.
(4)
Publish
notice as a display advertisement in a nonlegal section of one or
more newspapers of general circulation in Cohasset and an abutting
town, if any, which shall include notice of the informational meeting
and where the application materials may be reviewed, and shall send
the notice as a press release to all newspapers and media outlets
which circulate in the Town(s).
C.
The Board of Public Health shall provide for either live public broadcast
of the informational meeting on the local cable access channel or,
if that is not feasible, for the videotaping of the informational
meeting for later broadcast.
D.
The Board of Public Health may assess upon the applicant the costs
for complying with the provisions of this section relative to the
informational meeting and providing notice thereof. Said applicant
may contest the amount so assessed and may request a hearing before
the Board, which may then reconsider the amount of the assessment
thereof.
Each of the paragraphs within this article shall be construed
as separate to the end that if any sentence, clause or phrase thereof
shall be held invalid for any reason the remainder of that paragraph
and all other paragraphs of this article shall continue in force.
