4/23/1980 CONSERVATION COMMISSION Minutes

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-il- Mr. Benway: You know I look and I see some of the pieces of land that you can build on in Little Neck down on South Cape Beach Road on the right-hand side and this has more ' buffer than some of those whole lots have. Pauline: We agree to help them and let them go ahead, but we do have laws that we have to comply with. Atty. Boyd: May I say one thing. I have gone to Mr. Reardon on this matter and I speci- fically asked if you could set aside the denial and his answer to me was: "yes, you could". So, you are within the law if you want to set it aside and do what this gentleman says. Pauline: In order to set aside that denial, you would have had to, as their lawyer, appeal this within the ten-day period. Atty. Boyd: You should check with Joe Reardon. Pauline: I will check with Joe and I will also check with Mr. Anderson at DEQE and the Conservation Lax Foundation. Mr. Benway: Town council has jurisdiction. He has jurisdiction over the Board of Select- men or any other Board. Pauline: Does he have jurisdiction over state lax? Mr. Benxa : You look at the law. You have the body.If you want in your own jurisdiction to say, this is the way we feel -- you have the jurisdiction to do it. This is what you might want to ask Joe. Mr. Hennigan: May I request that the Chairlady ask for a vote from the Board now to the effect that if the town council says that you can set aside the denial and proceed by is- suing an Order of Conditions, you will go along with it. Would you please ask them to vote? a net We have two conflicting things here. We have a situation where I agree with Ken in the sense that we should get this thing over with and expedite matters. Cost is a actor but also legality is too. I think we should make the motion; not Mr. Hennigan, of ome sort of arrangement or a pre-decision as far as what we do legally. r. Henni an: I appreciate that. en. I say if we can legally do it, we do it. oroth : Madam Chairman I wish to make a motion that Chairman consult town council with reference as to whether the order of denial can be .set aside and an Order of Conditions be ssued. ick: I will second it. 11 in favor; none opposed. r. Hennigan: That part of the motion I think Mrs. Studley handled very well. I am not uite sure whether part of the motion should not have been or it hasn't been but it ,should e made now -- that if town council says that this commission can set aside the denial then tthis Board will issue an Order of Conditions. [ha ulineIThat was just said. . Hennigan:an: The lawyer just asked me to repeat that.