Guidance Document #1-Guidance and Standards for Meeting with the Wrentham Conservation Commission
GUIDELINES AND STANDARDS
FOR MEETING WITH OR WORKING FOR THE WRENTHAM CONSERVATION COMMISSION
Policy # ___
APPROVED BY VOTE OF THE COMMISSION ON AUGUST 25, 2005.
PURPOSE
This pamphlet outlines how the Conservation Commission functions as well as out-line the qualifications of professionals that appear before or work for the Conservation Commission. These qualifications are required for any work performed with respect to the Massachusetts Wetlands Protection Act or the Town of Wrentham Wetlands Protection Bylaw.
THE COMMISSIONS PURPOSE
The Conservation Commission is the primary permitting authority for filings under the Massachusetts Wetlands Protection Act MGL 131 §40 and The Wrentham Wetlands Protection Bylaw, Article 16 under the Towns Zoning Bylaw. The Commission has additional regulations restricting work near wetlands. Copies of these regulations are available from the Commission and the Town Clerk.
ATTENDING THE MEETING
Meetings are held the second and fourth Thursday of the month on the second floor of the Town Hall on South Street beginning at 7:30 P.M. Call 508-384-5417 or 384-5400 for directions. To preview any plans or filings, please call 384-5417 to schedule an appointment.
ATTENDING A HEARING
Every filing with the Commission will have a public hearing during which the applicant or their representative will describe the project and answer questions.
Following the applicants presentation the Commission will ask questions and make suggestions. Once the Commission has questioned the applicant, the public will be solicited for any questions or comments.
Please ask to be recognized by the Chairman to submit any questions or comments. All questions and comments must be directed to the Commission. State your name and home address prior to your question or statement. If you have any evidence, written comments, or objections, please submit them before the meeting with your name and address. Any questions and comments during the hearing should relate only to the wetlands and the flow of water on or near the property. The Conservation Commission is not authorized to address non-wetland issues.
WHAT IS REGULATED?
The Conservation Commission permits and has jurisdiction over activities within 100 feet of any Resource Areas or within 200 feet of any perennial stream. Resource areas include wetlands, streams, floodplains, and other areas that water flows or collects. There is a separate handout available that details the Commissions jurisdiction and the characteristics of those areas.
WHAT PERMITS ARE NEEDED?
For someone to work in a jurisdictional area they submit a permit application known as a Notice of Intent. After a public meeting, the Commission issues the permit, otherwise known as Orders of Conditions. If the work is minimal, or one only wishes to establish where the wetlands are, either a Determination of Applicability or an Abbreviated Notice of Resource Area Delineation, respectively, should be submitted. How to submit these forms is the subject of another handout.
WHERE TO GET FORMS
The office of the Conservation Commission keeps the DEP Forms required for applications. However, those forms and their instructions are also on-line at the following web site:
www.state.ma.us/dep/brp/ww/wwforms.htm
PRESENTING A PROJECT
Once a person submits a Notice of Intent a public hearing is scheduled to discuss the project. There are a number of items to consider when presenting a project to the Commission and public. These include the type of filing, the time-frame, and the qualifications of the presenter(s) and the quality of the plans.
When a permit application is filed unless the application is incomplete the hearing will be scheduled for the next meeting. Once the hearing is held a site visit will be scheduled and held early on a Sunday morning. The applicant need not attend the site visit unless they desire to or the Commission asks them. The public is not allowed on site visits. Once the hearing is closed the permit will be issued at the next meeting. Generally, it takes approximately one month to get a permit for a simple application if there are no questions or problems.
Homeowners may elect to present their project to the Commission for simple projects such as additions without a septic up-grade and docks. However, for any project that requires an engineered plan, such as a septic system, it is necessary to hire a professional with qualifications that are explained in the following section. If there are any questions regarding qualifications, contact the Commission. Unqualified presenters may delay your project or increase its cost.
APPEALS
An applicant or abutter may appeal the decision of the Conservation Commission through the DEP within 10 days of issuance of the Decision. However, because Wrentham has a Wetland Bylaw, any appeal must also be made to Massachusetts Superior Court.
PROFESSIONAL STANDARDS
Any person may represent an applicant during a public hearing provided that the person is listed as the applicants representative on the appropriate DEP form and the form is signed by the applicant. However, some submissions require professional representation. Any persons either representing an applicant or working for the Commission as an independent consultant under Massachusetts Law 53G shall have the following qualifications in the listed circumstances and may be asked to present proof of said qualifications:
Engineered Plans, Storm Water management plans, new homes and Earth-Work
A degree in Civil Engineering from a four-year college or university, or be a Registered Land Surveyor.
For complex projects the Commission may ask for a Professional Engineer (PE) with experience in that particular type of project.
Walls with slopes greater 1:1 and more than five-feet high, and Crossings
An accredited Structural Engineer with a degree in Civil Engineering from a four-year college or university.
Wetland delineations
A degree in biological or earth sciences from a four-year college or university.
Demonstrated experience in wetland delineations.
Any consultant hired by, or on behalf of the Commission, will meet the above standards, provide necessary documentation, and comply with the Plan and Reporting Standards.
The Conservation Commission also has standards for plans and reports that are the subject of another handout.
Please submit any questions or suggestions for this handout to the Agent for the Conservation Commission.