What happens at a public hearing?
A public hearing will be held, during a regularly
scheduled Commission meeting (you will be notified in advance of the
meeting). You (or someone representing you) must be in
attendance. At that time, you will present your project to the
Commission. They will ask you questions, and may even require
that you submit additional information, in which case the hearing will
be continued until the next available date, to give you time to gather
the supplemental information and submit it to the Commission.
Dependent upon the complexity of your project, you may opt to bring
your engineer or other person knowledgeable about your project with
you, although it is not required. Since it is a public hearing,
members of the public, such as your neighbors and the abutters you notified, will have the
opportunity to ask questions and comment on your project.
You can expect that it may take more than one meeting to complete the
hearing process. When you have provided the Commission with what
you believe is sufficient information for them to make the
determination as to the impact of your project, you can request the
hearing be closed. Once closed, the Commission has 21 days to
issue a decision. They may decide on the matter at the first
meeting, but most of the time they will render a decision at the next
meeting. You do not need to be present in order for the
Commission to issue their decision.
At the hearing, I was told I need to have the wetlands “flagged.” What does this mean? Can I do it myself?
Flagging is the process by which a certified wetlands scientist or other
qualified person delineates the wetland edge by placing surveyor’s flags or
other marks at regular intervals along the boundary. You have probably seen these brightly colored
flags hanging about eye-level in trees.
The boundary is determined by many physical characteristics, including
soil types or wetland indicator plants.
The coordinates of each of the flags will then need to be surveyed and
placed on a map and submitted to the Commission.
Without knowing where your wetland boundary lies, the Commission can not
make a determination as to whether or not your work will affect the resource
area. Unless you are qualified to map
wetlands, you will need to hire someone to do this work. You can find names listed in the Yellow Pages
under “engineers”, “surveyors”, or “scientists”.
How do I know when the Commission has reached a decision?
You will be notified by the Commission within 21 days of
the close of your hearing. The decision
can take one of several forms. In each case, the Commission can make one of two rulings.
► If you have filed a Request for Determination of Applicability...
- Negative: Indicating the Wetlands Protection Act and/or Town bylaw does not apply, and you can proceed with the activity, with or without special conditions as determined by the Commission; or/li>
- Positive: Meaning the Wetlands Protection Act
and/or Town bylaw does apply, and additional filings (such as a Notice of Intent) may be required before the Commission can rule on your project. If a Notice of Intent is required, a new hearing will need to be scheduled.
► If you have filed a Request for Determination of Applicability...
- Approval of the Notice of Intent. The Commission issues an Order of Conditions and Permit for Work. These documents spell out the conditions under which you can complete your project, and any special conditions the Commission deems necessary for the protection of the resource area.
- Denial. If the Commission deems that your project does not meet the standards of the Wetlands Protection Act or Town bylaw, they will issue a denial indicating why they are denying the permit.You have the right to request a new hearing and submit any additional information that the denial states was lacking, or, you can appeal the Commission’s decision to the Massachusetts Department of Environmental Protection.
Easton Conservation Commission
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