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o In these cases, the Commission should be able to present a strong argument and <br />documentation demonstrating the compelling environmental interest at stake. This <br />should show that even if the proposal complies with Building Codes and Zoning <br />through an alternative methodology, it still will not adequately address the <br />environmental concerns raised by the Conservation Commission. <br /> <br />Questions and Answers <br />o Q: New information has been received regarding the regulation created by the previous <br />agent. The language used is from a bylaw in another state. Would this affect the weight <br />given to this regulation? <br />A: The Attorney General has approved it, making it valid in Massachusetts and carrying <br />full weight. <br />o Q: What can be included as evidence in the record? <br />A: Anything submitted to the Commission by the applicant becomes part of the record. <br />Should the Commission wish to refute the evidence, they may provide their evidence for <br />the reasoning of the rebuttal. If applicable, this new information will also be submitted to <br />the court for review. <br />o Q: How does the appeal process work for cases involving the DEP and the Superior <br />Court? <br />A: The appeal process involves two separate aspects. The DEP reviews cases related to <br />the Wetlands Protection Act, while the Superior Court considers appeals based on local <br />bylaw regulations. These two processes are considered separately, and the decisions <br />made by each entity can impact the outcome of the case. <br />o Q: If the Town of Mashpee wins the court case, but the DEP overrules the decision, <br />which one takes precedence? <br />A: If the DEP overrules the decision made by the court, then the court’s decision is <br />overruled. However, the DEP's decision is not final, as the court case can be appealed <br />further if the Commission is not satisfied with the DEP's decision. <br />3 <br /> <br /> <br />