Regan v. Conservation Commission

The plaintiffs, owners of waterfront property in Falmouth (town), filed a notice of intent and an application for a variance with the town’s conservation commission (commission) seeking permission to construct a timber pier, ramp, and floating dock. The commission issued its decision denying the application one day late. The plaintiffs appealed the decision to the Superior Court and sought a superseding order of conditions from the Department of Environmental Protection (DEP). During the course of the proceedings before the DEP, the plaintiffs’ *486plan was revised, and the parties filed a joint…