6/16/1988 CONSERVATION COMMISSION Minutes

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Conservation Commission None 16, 1988 Page 3. fission. The Coanission would be remiss in issuing an Order of Conditions if procedures have not been complied with. The attorney asked if it is the Commission' s position that this is a public way and are not going to. act on the Order of Conditions based. oto- that? Ms Behrean stated this is the case as presented to us and our position was that some action ort the part of Selectmen and Town meeting should be sought to abandon and relocate. that Mr. Rosenberg agreed, unless evidence is given to the Commission to prove that it is. not. a public way r. it is. not. a way in. whdalvthe public has i.g t ,-- the- Cossission. cannot act untlL.1 the-y have.. taken the matter up with the appropriate. town. authorities and- at: least applied for permission- or any pewits you- might reed; that "s under the Statute 131# It used. to, read. the Commission could not. accept applications until all necessary pernits had been.-er=red. cainn to. the. recent amendment, it is- provided, that, you may- file s -sua e-o s . a&ith the Commission and all ather- 4eards from Wmo you- need-.,cons-en.t., As, the Chairman has ind-icated, when here has---.been a serious contention that -the public has rights, if they do., you, -will have to solve those. rights,, one way or, the other. You, either have ta indicate to. the Commi si n� so that we are sat isfled that -there are no other permits required or take steps to sol e- the pr bl eass. The attorney stated, in this instance, he would rather the Commission recognized it as a private way based on whit happened. and issue a . decision. Mr. Rosenberg stated we can' t. You say bzroeus recognize its as- a public way? The attorney stated this is ri ; +W_ 14r. Rosenberg stated if it tis recognized as a public way thea their plan doesn' t mean any thing. The attorney stated then you' ll have to deny it. Mr . Rosenberg stated you may get pervission to relocate it from the Selectmen or Town Meeting and if so then the rob .em is solved. f you o have to go here for appropriate rel i e f. as we understand under the statute, you have to commence that before you can- come here. -Mr . Bliss asked, where the subdivision is r ed to put an access road down here for the bog owner, that is the Sap between the two, lots, is it necessary? Ms Behrman stated that does not mean the relocation can be approver. by the Planning Agency; the permission t do t* a cocas from another g enc . She suggested this be pursued with the ward of Selectmen. The attorney stated the other lots and r path issue will have to be addressed internally. 3 - Joseph J. Car i gl i (Holmes & McGrath) to construct and maintain a 32' x 18' swimming pool , whirlpool and patio within 100' of the coastal bank at Lot 21 Triton Way. Todd P-alaaier presenting, Abutter receipts were presented.