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storm damage, water pollution, fisheries, shellfish, wildlife, recreational
<br /> esthetics. No person shall remove,fill,dredge,alter any bank,beach,dune,
<br /> flat, marsh, meadow or swamp bordering on the ocean or any estuary,
<br /> creek, river, stream, pond or lake, or any land under said waters or any
<br /> land subject to tidal action, coastal storm flowage, or flooding, without
<br /> first filing written notice of his intention so to remove,fill,dredge,or alter
<br /> by sending a separate letter, by certified mail, to Mashpee Conservation
<br /> Commission at least sixty(60)days prior to any removing,filling,dredging
<br /> or altering. Such notice of intention shall include such plans as may be
<br /> necessary to describe such proposed activity and its effect on the environ-
<br /> ment. The same plans and specifications required to be filed by an appli-
<br /> cant under Massachusetts General Laws, Chapter 131, Section 40, will be
<br /> accepted as fulfilling the requirements of this by-law. The said Commis-
<br /> sion, in its discretion, may hear any oral presentation under this by-law at
<br /> the same public hearing required to be held under the provisions of said
<br /> Chapter 131,Section 40 of Massachusetts General Laws.
<br /> Section 2. The term "person" as used in this by-law shall include any
<br /> individual, group of individuals, association, partnership, corporation,
<br /> company, business organization,trust estate,the Commonwealth or politi-
<br /> cal sub-division thereof, administrative agency, public or quasi-public cor-
<br /> poration or body, or any other legal entity or its legal representatives,
<br /> agents or assigns.
<br /> Section 3. The Commission may take a determination as to whether
<br /> or not this by-law applies to a specific situation prior to the filing of a
<br /> written notice of intent under the provisions hereof, upon receipt of a
<br /> written request from any person desiring such determination. The Com-
<br /> mission, its agent officers and employees, may enter upon the land upon
<br /> which the proposed work is to be done in response to a request for a prior
<br /> determination or for the purpose of carrying out its duties under this by-
<br /> law and may make or cause to be made such examination or survey as
<br /> deemed necessary.
<br /> Section 4. The Conservation Commission is empowered to deny per-
<br /> mission for any dredging, filling, or altering of subject lands within the
<br /> town if, in its judgment such denial is necessary to preserve environmental
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