All of the time periods specified in the Bylaw and the Regulations
shall be computed on the basis of calendar days unless the last day
falls on a Saturday, Sunday or legal Holiday in which case the last
day shall be the next business day following.
A.
Quorum. Where the bylaw states that a particular action (except for
receipt of documents or filings) is to be taken by the Commission,
that action is to be taken by more than half of the regular members
present at a meeting of at least a quorum. A quorum is defined as
a majority of the regular members then in office.
B.
Signature Required. Where the Bylaw states that a permit or notification
shall be issued by the Commission, that action is to be taken by a
majority of the regular members, then in office, who need not convene
as a body in order to sign said permit or notifications, provided
the Commission met pursuant to the open meeting law, MGL c. 39, §§ 23A-23C,[1] when voting on the matter.
[1]
Editor's Note: These sections of the statute were repealed
in 2009. See now the Open Meeting Law in MGL c. 30A, §§ 18
through 25.
C.
Receipt of Filings. A Request for Preliminary Review, Request for
Determination, Notice of Intent or other documents and/or requests,
shall be deemed to be received by the commission if they are presented
at a Commission meeting or submitted to the Commission, its agent,
or staff at its office during the Commission's regular business
hours.
Depending upon their availability, the Agent, Chairman, Vice-chairman
and Clerk, in that order may make binding decisions upon the Commission
in cases of emergency.
All forms described in these Bylaws are available from the Conservation
Commission Office during its regular business hours.
The deadline for filing a Notice of Intent or Request for Determination
under the Wetlands Protection Act or the Swansea Wetlands Protection
Bylaw is 10:00 on the Thursday 11 days prior to the meeting. For example,
for a petition to be heard on the Monday the 13th of the month, then,
the petition must be filed by Thursday the 2nd at 10:00 a.m. If the
Thursday is a holiday, it must be filed by Wednesday, the day before.
A.
Meeting Dates. The meetings of the Commission are usually held on
the 2nd and 4th Mondays of the month at the Commission office or at
a previously posted date and location. Changes may occur due to conflicts
with other Town functions and holidays.
B.
Agenda. An agenda of the meeting will be available from the Commission.
C.
Robert's Rules of Order. All meetings shall be conducted in
accordance with Roberts Rules of Order.
A.
First Continuances. The Commission shall have the authority to continue
the public hearing once, for reasons stated at the hearing, which
may include, but is not limited to, an on-site visit, receipt of additional
information, plans, documents, hard copy of a file number from DEP,
comments or review from other Town departments or officials.
B.
Second Continuance. After the second public hearing, the Applicant
has the right to object to another continuance or postponement. In
such an event the hearing may be closed and the Commission shall vote
based on the information available at the time.
C.
Failure to Notify Abutters. If the Commission determines that a continuance
is necessary in order to insure proper notification to abutters or
other interested parties as required by the Bylaw, these regulations
and state law, then said continuance shall not be deemed a first continuance
as the hearing will not be valid without the proper notice.
D.
Failure to Provide Information. Failure to provide the Commission
with the information, which was requested by the Commission in order
to make its decision, may be grounds for denial or an unfavorable
determination.
E.
Simultaneous Hearings. All public hearings may be conducted simultaneously
under the Bylaw and under the Massachusetts Wetlands Protection Act,
MGL c. 131 § 40 at a legally scheduled meeting of the Commission.
The Commission or its agent shall be available to make appointments
for on-site visits and answer questions during normal business hours
of the Town of Swansea and at its regularly scheduled meetings.
A.
Appointment. An appointment for a discussion of a potential project
or an on-going project with the Commission, at its regularly scheduled
meeting, must be scheduled at least five days prior to the start of
the meeting.
B.
Informational Purposes Only. Discussions cannot be held as a replacement
for a public hearing. Rather, discussions shall be held solely on
an informal basis fore[1] guidance or informational purposes only. The Commission
shall not be held bound by any guidance they give an Applicant during
a discussion because all the submittal information for a project may
not have been received and reviewed. The purpose of a discussion shall
not be to approve a project or proposed work that requires a filing.
[1]
Editor's Note: So in original; should be "for".
Withdrawal of any request or application shall be made by the
Applicant in writing and delivered to the Commission or its agent.
The request shall include the following information: Applicant's
name and address, Owner's name and address, location of project,
including house number and street name, map and lot and the type of
project.
The Commission or its agent will not flag wetlands. The Commission
can only approve or disapprove a wetland line. It is the responsibility
of the Applicant to hire a qualified Wetlands Consultant or Botanist
to flag the wetland lines.
The Commission or its agent cannot recommend a professional
registered engineer, registered land surveyor, botanist, qualified
wetlands consultant or any other professional from which the Applicant
may require services to complete the filing process. The Commission
will, upon request, send a list of engineers and/or wetlands consultants
and botanists in the area who have requested their name be included
on this list.
A.
Mutual Agreement to Meet at the Property. In the ordinary conduct
of business, prior to entering upon the Applicant's property,
the Commission or its agent will arrange for a mutually acceptable
time to meet at the site for the necessary field work.
B.
Release By Applicant. If the applicant does not wish to be represented
at the site, the applicant may sign a release for the Commission or
its agent to enter upon the property, otherwise known as the Release.
A site visit will be made solely at the Commission's convenience.
However, once an application has been filed under the provisions of
a Request for Preliminary Review, Request for Determination, or a
Notice of Intent, and the Release has been signed, the Commission
or its agent may enter the property for necessary field work in order
to receive information to facilitate its decision making process.
A.
Enforcement Order. When the Commission determines an activity is
in violation of the Bylaw, they may issue an enforcement order to
the owner of record and/or the violator ordering that the activity
cease immediately. Violations may include, but are not limited to:
(1)
Failure to comply with a Request for Preliminary review, Determination
of Applicability, or Order of Conditions
(2)
Failure to Complete Work described in the Request for Preliminary
review, Determination of Applicability, or Order of Conditions when
such failure causes damage to the wetland values protected under the
Bylaw
(3)
Failure to file a Preliminary Review
(4)
Failure to file a Request for Determination and receive a Determination
of Applicability
(5)
Failure to file a Notice of Intent and receive an Order of Conditions
for said project
(6)
Any activity which would require a filing and or be prohibited
under these Bylaws
B.
Enforcement. Any member or members of the Commission or its agent
regardless of the issuing authority may enforce a violation notice.
The Commission or its agent may enter upon privately owned property
for the purpose of performing their duties under the Bylaw.
C.
Form. An enforcement order shall be issued on a form provided by
the Commission. In a situation requiring immediate action, an enforcement
order may be signed by the agent, a Commission member or a majority
of the Commission if said Order is ratified by a majority of the members
of the Commission present at the next scheduled public meeting of
the Commission.
