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'T or any land under said waters or any land subject to tidal action, coastal storm flowage, or flooding, M without first filing written notice of his intention so to remove, fill, dredge, or alter by sending a separate letter, by certified mail, to Mashpee Con- servation Commission at least sixty (60) days prior to any removing, filling, dredging or altering. Such notice of intention shall include such plans as may be necessary to describe such proposed activity and its effect on the environment. The same plans and specifications required to be filed by an appli- cant under Massachusetts General Laws , Chapter 131, Section 40, will be accepted as fulfilling the re- quirements of this by-law. The said Commission, in its discretion, may hear any oral presentation under this by-law at the same public hearing required to be held under the provisions of said Chapter 131, Section 40, of Massachusetts General Laws. Section 4. 3. 2 The term "person" as used in this by-law shall in- clude any individual, group of individuals, assn- II _ ciatio.n, partnership, corporation, company, busi- ness organization, trust estate, the Commonwealth or political sub-division thereof, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representa- tives , agents or assigns. Section 4. 3. 3 The Commission may make a determination as to whe- ther or not this by-law applies to a specific situation prior to the filing of a written notice of intent under the provisions hereof, upon receipt of a written request from any person desiring such determination. The Commission, its agent officers and employees , may enter upon the land upon which the proposed work is to be done in response to a request for a prior determination or for the purpose of carrying out its duties under this by-law and may make or cause to be made such examination or survey as deemed necessary. Section 4. 3. 4 The Conservation Commission is empowered to deny permission for any dredging, filling or altering F of subject lands within the town if, in its judgment such denial is necessary to preserve environmental quality of either or both the subject lands and con- tiguous lands. Due consideration shall be given to possible effects of the proposal on all values to be protected under this by-law and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. -20- `x