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11/28/1979 CONSERVATION COMMISSION Minutes
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11/28/1979 CONSERVATION COMMISSION Minutes
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Mashpee_Meeting Documents
Board
CONSERVATION COMMISSION
Meeting Document Type
Minutes
Meeting Date
11/28/1979
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r <br /> � - <br /> Paul ine s The DQE, Chapter 131 , Section 400 rulings are that after a year's period <br /> they have to file for an extension n the order ofconditions in which this gentle- <br /> man <br /> en l - <br /> man did not. <br /> Mr. Murphy: That does not appear in the statute, does it Mr. elory <br /> Pauline: It is part of the law and we have form. <br /> Mr. MurpUi 1 know it is on the form but it does. not appear in the statute is ghat <br /> I am saying. There is no one year requirement in the statute. <br /> .Pauline: Guidelines interrupted <br /> Mr. Mur h r It's itontained In the guidelines. <br /> Pauline: It is contained in the guidelines, Dom. You cah call anybody up at Seville <br /> Hospital and they will tell you that after one year you have to-file an eaten-tion. <br /> `• MurRhyt So that the o .ly violation that we are talking about here is failure to re- <br /> q pe t an extension beyond the one--year period, is that correct? <br /> Pauline: Yes. Plus filling. <br /> At this point town coon it, Mr. .doe Reardon, arrived. <br /> ,,.fir. Murphys In the issuance of the Cease & Desist order, does it require a vote of the <br /> commission? <br /> Mr. Reardon: I don't thing it does on a Cease do Desist order. If there is a violation <br /> I think that technically the cease do desist order should issue -policing authority as <br /> oppossed to the commission. But, traditionally commissions issue cease & desist orders. <br /> Mr. MurpbZs So that in your opinion, any member of the commission has the authority t <br /> determine that a violation exists thea should issue a cease & desist order? <br /> Mr. Reardon: If it- is a. clear violation, I Mould �think that- tine -chairman could issue <br /> a cease & desist order. <br /> Mr. Robert Donahue# Esgst Mrs. Delor , 1 thing when I tarred to your on Saturday$ the <br /> 17th of November, you indicated t6 me that the majority of the board voted on this cease <br /> and desist order and that the majority of the board would have to vote to remove it. <br /> 'Mrs. Delo r I said that the ma J orit r would have to remove it. <br /> Mr. Donahue,s Did you tell me that the majority had voted on .it and, therefore# ' that the <br /> majority would have to remove it <br /> Pauline: If they are in agreement, yes. The majority was here at that meeting, yes. <br /> Mr. Donahue: you said that the vote didn't occur at that meetingo it occurred over the <br /> telephone. <br /> Pauliner We did talar over the telephone, afterwards. <br />
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