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Commission declines to open Lot 2 hearing without DEP file number, citing procedural precedent
Summary
Commissioners voted to deny the applicant’s request to open a public hearing for an associated Lot 2 filing without an issued DEP file number, citing precedent and the risk of creating a waiver expectation; the applicant said DEP mailing delays caused the issue.
WOBURN — The Woburn City Conservation Commission on Nov. 7 declined an applicant request to open a public hearing for a second lot in the same subdivision without a DEP file number, citing rules meant to prevent routine waivers.
Mark Slager of Allen Engineering told the commission that certified mailings and DEP processing delays left one DEP file number outstanding despite checks and transmittals being mailed in early October. Slager asked the commission to open the hearing for discussion with the understanding that a DEP file number would be required to close the hearing and issue an order.
Several commissioners said they had not previously granted waivers to open hearings without DEP file numbers in decades of service and expressed concern that allowing one waiver would encourage repeated requests. The commission debated the regulatory limbo created when DEP delays issuance of file numbers and whether the commission can act absent DEP acknowledgment.
After discussion the commission moved to deny the request to open the public hearing without a DEP file number; the motion passed unanimously. Commissioners offered informal guidance on items the applicant should address and encouraged Slager to pursue the DEP filing so the matter can be heard at the commission’s Nov. 21 meeting.
