11/8/1984 CONSERVATION COMMISSION Minutes

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• r iashpee Conservation commission Meeting of November 8, 1984 Page F ive hearing. He added that he did not see a problem in the situation t s . Collins said, "Work on that cottage was outside of the juris- diction of the Commission. " Chairman Studley asked, "'Why then, did you file a Notice of Intent stating that what you were applying for was 'renovations to and con- struction of a full basement under Cottage Unit #25?" Attorney Kirrane an veered, "NotwithstandiTIg that that was included in the Notice of Intent and perhaps it was included as a discription of the entire proposed construction would be, the jurisdiction of the Board is the jurisdiction granted to the Board by lair, by statute , Nothing that any applicant can do, in my legal opinion, with respect to what' they include in an application, what they state to the Board in an oral presentation can in any way effect or enlarge the jurisdiction of the Board. The jurisdiction of the Board, the authority of the Board i derived from State law and nothing that anyone can do with respect t an application or a presentation would expand on thatjurisdiction." As there was no further discussion, questions or comments , Chairman Studley said that the matter would be taken under advisement and take action to resolve the problem. Attorney Kirranc asked for expediency in the matterff Chairman Studley announced that a Request for Determination 6f Appli- cability has been received, applicants being Joseph and Marilyn Benoit, for the construction of a 121 x 2' addition for Cottage x`25, Project No. S -38. She stated that it goes back and includes the original. Notice of Intent, Order of Conditions and a superseding Order of Conditions . She said that the Request must be answered' within ten days of receipt ., Murray Hack - Wm, M. Warwick, Assoc . , Inc . , Agent; Chris Clark, Rep, This application is to construct and maintain a three-bedroom dwelling with deck and detached garage within 1001 of a conservation buffer zone at Lot #8, Tide Run Road, - Little Neck Way. Mr. Clark presented a modification to the plans originally submitted with the Notice of Intent and said that, n essence , the modification was that the Douse had been "flipped around" so that it was no longer facing the same directions on the lot.