A. 
General provisions. The Conservation Commission adopted performance standards for the resource areas protected under the Bylaw to ensure that the Bylaw wetland values, as listed in § 503-1 of the Easton Town Code, are adequately protected. However, the Commission recognizes that, in certain situations, a waiver of a specific performance standard for a Bylaw resource area may be appropriate for a particular project where there are no reasonable conditions or alternatives that would allow the proposed activity to proceed in compliance with these regulations; that avoidance, minimization and mitigation have been employed to the maximum extent feasible and that the waiver is necessary to accommodate an overriding public interest and when the waiver is consistent with the intent and purpose of the Bylaw and these regulations.
B. 
Waiver requirements. The applicant shall have the burden proof (§ 503-3) and the burden of demonstrating, by clear and convincing evidence, that the granting of the waiver is consistent with the intent and purpose of the Bylaw and these regulations and, further, the applicant must show, by clear and convincing evidence, that:
(1) 
There are no practicable conditions or alternatives that would allow the project to proceed in compliance with the Bylaw or these regulations; and
(2) 
The proposed work, including necessary and required mitigation measures, and its natural and consequential cumulative effects, will have no significant adverse effects upon any of the Bylaw wetland values; and
(3) 
That the project provides benefits in the public interest as defined by § 503-4.
C. 
Process.
(1) 
An applicant shall file a written request for a waiver with the application for permit for work or request for a determination of applicability with the Commission. The waiver request shall be made in a separate letter or complete the Waiver Request Form. At any time after filing the waiver request, but in no event less than five business days prior to the date of commencement of the public hearing at which the waiver request is to be considered, the applicant or representative shall submit to the Commission a brief in support of the waiver request. Such brief shall be submitted electronically using the online permitting system found at the Town of Easton and include, but not be limited to, the following items:
(a) 
A brief statement of the relief sought;
(b) 
A description of all reasonably identifiable alternatives to the applicant's proposal that were considered by the applicant that would avoid or minimize the necessity of the requested relief, along with the reasons why such alternatives were deemed to be inadequate, unworkable, or inadvisable;
(c) 
A statement of all efforts that will be undertaken to minimize impact upon the affected resource areas subject to protection under the Bylaw (Bylaw resource area) arising out of the work proposed;
(d) 
Detailed plans for proposed mitigation measures;
(e) 
Adequate engineering and expert evidence to permit the Conservation Commission to evaluate the basis for applicant's contentions in support of the waiver requested.
(2) 
Any and all relevant information that the applicant wishes the Conservation Commission to consider in deliberating the waiver request.
D. 
Standards. The Commission shall only grant a waiver from a performance standard if the applicant has met the burden of proof as provided in the aforesaid Subsections B and C. The standards as set forth herein shall be the sole basis upon which the Conservation Commission may grant a waiver.
(1) 
It shall be the responsibility of the applicant to provide the Conservation Commission with any and all information which the Commission may request orally or in writing, in order to enable the Commission to ascertain such adverse effects, and the failure of the applicant to furnish any information that has been so requested shall result in the denial of a request for a waiver.
(2) 
The Conservation Commission shall impose all necessary mitigation measures. Where replication is required, it shall be at least twice that of the altered Bylaw resource area and shall offer additional protection to the Bylaw wetlands values. The Commission may require perpetual restrictions on the property by way of a conservation restriction under the provisions of MGL c. 184, §§ 30 through 33, or deed restrictions as necessary mitigation.
A. 
The areas within the Town of Easton that have been designated as areas of critical environmental concern (the "ACEC") by the Secretary of Environmental Affairs, Commonwealth of Massachusetts, are so designated due to the particularly unique environmental factors that impact upon such areas.
B. 
Standard of review. As a result of such designation, it is incumbent upon the Conservation Commission to be even more diligent in its review of projects proposed within an ACEC. The highest standards of scrutiny as to the impact of any proposal are required.
(1) 
The Commission shall require the applicant to meet the burden of proof required for a waiver for each Bylaw resource area located within an ACEC. Therefore, the applicant shall follow the process outlined in § 503-22 of the Easton Town Code.
(2) 
The applicant shall provide clear and convincing evidence that any application of new pavement or other impervious materials within a 100-foot area beyond the 100-foot buffer zone to a vernal pool, bank, vegetated wetland or land under water shall have no natural and consequential cumulative impacts on said resource area.
(3) 
Stormwater discharges within an Area of Critical Environmental Concern shall be removed and set back from the Area Subject to Protection under the Bylaw, and receive the highest and best practical method of treatment.