8/13/1987 CONSERVATION COMMISSION Minutes

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F y} iashpee Conservation Commission Meeting of August 13F 1987 Page 2. It was noted Dots 103 -106 are Mashpee Town Land. Mrs. Marsters asked if there was an existing drainage easement. Mr, Bliss stated when the land was given to Mashpee, due to an oversight the developer did not take luck the easement on record. Mrs. Marsters stated this should not be acted upon if there is no drainage easement on record. Mr, Bliss stated subdivision plans on record show the easement when the -original subdivision was approved in 1974 and reapproved in 1984. Mrs, Marsters requested a copy of the plans and asked which plans were recorded at the Registry, Ms Bay log stated subdivision plans and road profiles were recorded, - yF . Rosenberg read from the documents ' Land in M shpee described and shown on Plan of Land, known as revised plan of santuit woods Section C, in Mashpee MA dated 2 October 1984, All Cape survey Conlaft. Duly recorded in Barnstable County Registry of deeds Land Book .3,90'-, Page 16 and 17, " Mrs. Marsters asked for this item and Ms Baylog provided same. After viewing, Mrs. Marsters stated there was no easement on it and the Commission therefore cannot acct on it. Mr. Rosenberg advised that in a s lar situation the Commission., ..leas referred to Town Counsel, the question is asked, who, if anybody-,, has the right to ,meant easements or determine use of the property.. Mr. Bliss stated t was explained to him the Commission was the man- aging controller but the actual easement would coxae -16..:hrough the sei� ectmen after they referred to Town Counsel. and the CommIssion. Mr. Rosenberg- stated at the present, since there is no easement, the application cannot . e considered. Mr. Bliss stated the zubd v ,s on road plans were approved by the Planning Board and -the drainage is approved by that Board and asked why it did not get reviewed by the Co mmi s s ion when it was subdivided. He questioned it coring up at this point. John, giving background, advised this is the area Peters-Hartel were using as a stump dump. They were informed last year they had to fil e and were requested to remove the stumps and debris, which they did, At that time it was requested that they file with the Coss ion for .the construction of the -road. The property was then transferred. Mr .- Rosenberg pointed out if it is within the resource area, even' though the Planning Board approves the plans,, the question of whether the lots can be built on and under what conditions would still have to be before the Commission. Mr. Bliss stated the lots subdivided in 1974 did not have wetland protection. Mrs * Marsters advised � F as the work s proposed to be dome now ► it is