Revision history

For the purpose of better and more consistently meeting the goals of the Conservation Commission, we adopt written work procedures for members, consultants, and employees. These procedures are to be adapted and improved as we gain experience in their use. One or more members of the Commission will be responsible for periodic review, audit, and improvement of the procedures not less than twice a year.

Policy, and all findings and decisions on the application of the Wetlands Protection Act (MGL 131 Sec. 40, hereinafter the Act), Wetlands Protection Act Regulations (310 CMR 10.00, hereinafter the Regulations), and the Hamilton Conservation Bylaw Chapter 16 (hereinafter the Bylaw) are the responsibility of the appointed members of the Commission acting as a whole and are determined by majority vote at official meetings.

The carrying out and supervision of certain specifically identified Commission actions may be delegated to individual members acting as case officers or to the coordinator. Each such general, or case-specific, delegation shall be recorded in writing, and the person assigned the task shall, at the meeting at which they are delegated such a task, be responsible to write down, and confirm with the commission, a complete and accurate description of the task.

If the person assigned the task later finds ambiguity in the application of the written description to the task, she/he shall consult the chair, who will assist with interpreting the assignment or determine that the ambiguity shall be referred back to the Commission for a vote.

Individual members may also act in ways specifically authorized by the Regulations, including but not limited to initiating enforcement orders.

Individual members, and the coordinator, must carefully state when asked questions by the public that while they may express an individual opinion, a question must be referred to the Commission for a vote unless:

• it is covered by obvious application of the Act, Regulations and Bylaw, or
• the Commission has made a written finding or decision that applies beyond reasonable doubt to the situation in question.

When the coordinator or an individual member answers a question that she/he believes to be a direct application of the provisions of the Act, Regulations, Bylaw or a written policy or decision of the Commission, a note in the communications log or in a signed, dated memo shall include the specific provision in the Act, Regulations, or Bylaw. It is the responsibility of the coordinator and individual members to become and remain familiar with the details of the referenced statutes and regulations.

Minutes are the responsibility of the coordinator, or when necessary another person designated by the chair.

Minutes must form an accurate and complete record of the deliberations of the Commission, and must be particularly clear on the specific determinations, findings, and assignments of tasks voted by the Commission.

The coordinator shall circulate draft minutes to members before the next public meeting so that they can be checked and approved with the use of as little meeting time as possible.

Once the minutes are approved, they are to be circulated to the Board of Selectmen, Town Clerk and other land use boards and officials.

Copy of relevant pages of minutes will be place into the case file for each case dealt with after the meeting.

In addition to the minutes, minute-taker will prepare a list of actions to be taken as the result of the meeting, with the name of the person responsible for each task and dates of applicable deadlines, and circulate it to the members of the Commission with the draft minutes.

All items received by mail or by hand delivery which refer to filings or other actions of the commission must be recorded in a log. This log will be given to chair at each meeting for signature. The log will include for each item:

• Date received
• Filing affected (e.g. 999 Bay Road NOI)
• Description of item in enough detail to allow it to be identified unambiguously in the files
• Where filed
• Persons to be informed about the item received (typically chair and/or case officer), and record of date and time that person was informed
• Commission action required as a result of item and any deadlines
• When items added to file
• For items sent, a notation of date, time, to whom sent, and brief description. Further details are recorded in a transmittal letter (see below).

Items sent or faxed to applicants shall be accompanied by a transmittal letter to establish a record of what was sent, when, and by what means to reduce the possibility for confusion and dispute (see form). Copies of the TL shall go in the project file, and with the correspondence log.

For all phone calls handled on behalf of commission, by coordinator and my members of the commission when acting on behalf of the commission as commission or subcommittee chair, case officer or on building permit duty:

• date and time of call
• persons participating in the call
• summary of call
• conclusions
• action items
• persons to be informed about the call (typically chair and/or case officer), and record of date and time that person was informed.

For work for which the commission is accountable to the public, including the coordinator’s work and the work of commission members during building permit hours, a log with the following information shall be kept and given to chair for signature at each meeting:

1. Time of beginning and end of work, person doing the work, where work done if not at Concom office, type of work:
1. Preparation of order of conditions or determination of applicability
2. Preparation for meeting
3. Preparation for site walk
4. Assisting the public
5. Document management
6. Open space plan
7. Other: specify

Effective administration of the Commission’s legal responsibilities is seriously harmed when the current, authoritative documents on a project cannot be identified or history of changes in a project plan cannot be traced. Careful management and tracking of documents are essential to avoid ambiguity, misunderstanding, and wrangling with applicants that hurts the goals of the wetlands protection statutes.

The Concom files, map case, roll files, and reference shelves must be maintained for effective use by the Commission. The Coordinator shall, with help from others as needed, see that files and reference materials are in their places so that all can find and refer to them.

Applications shall be checked within two working days of receipt for completeness using a checklist (see example). Plans shall be checked using a checklist. Applications or plans which fail to conform to guidelines shall be returned immediately to applicant and applicant shall be informed that further processing cannot be scheduled until complete plans received.

Materials received relating to an application or any other items added to a file shall be marked:

• Date and time received, initials of person marking the item
• Mark one copy as "Controlled Copy" or "Copy 1" (the reference copy, to be used in meetings for all annotations), and additional copies with numbers to indicated that they are supplementary for site walks, loan to case officers, etc.
• Does this supercede a previous document? If so, indicated what document is superceded, and mark the superceded document as obsolete. Remove the obsolete document from the current file to an archive file. Unless there is a special need to have it available for comparison in a meeting, the archive file should not normally be brought out.

"As-built" plans shall be clearly marked as such.

Newly received plans should be marked with highlighter-type markers for resource areas: green for BVW line, yellow for buffer zone, blue for edge of land subject to flooding, red for banks of water courses and water bodies.

A computer database shall be maintained up to date with the following minimum information for each filing:

1. Address
2. Type of filing
3. DEP file number (or Hamilton file number for RFDs)
4. Date complete application received
5. Applicant’s and owners names
6. Date of DOA or Order of Conditions
7. Case officer

At least quarterly there shall be a check for orders of condition which will expire in the next quarter. Followup letters shall be sent to determine the current status of the work and inform the applicants of the expiration date.

Member should indicate on work log the date, and the times they started and ended building permit duty in the town hall.

The member on building permit duty may sign a permit indicating "filing not required" if either of the following is true:

the proposed work is entirely indoors and provisions have been for stockpiling and proper disposal of materials outside of resource areas and buffer zones

there is satisfactory evidence that the work is entirely outside any resource areas or buffer zones.

For each permit, whether filing required or not, member will log:

address

applicant’s name

nature of proposed work

action (filing required or not required) and reasons

The site walk leader will be the chair or another member designated by the chair in the case of her/his absence

Coordinator will assemble second copy of currently relevant items in file for each filing covered by the site walk, plus any other material requested in advance by the site walk leader. The materials will be delivered to the site walk

Items to be checked by chair at each meeting:

1. Building permit logs
2. Work logs
3. Phone logs
4. Completed checklists for newly received applications

Supplies to be provided at each meeting, besides all files to be discussed:

1. Engineer’s scale
2. Red pens for marking plans

At the "workshop" meeting each member should be given a list of open cases for which they have been designated as case officer, and at each meeting should inspect any new material received in connection with her/his cases.