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12/15/1988 CONSERVATION COMMISSION Minutes
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12/15/1988 CONSERVATION COMMISSION Minutes
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Mashpee_Meeting Documents
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CONSERVATION COMMISSION
Meeting Document Type
Minutes
Meeting Date
12/15/1988
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Conservation Commission <br /> December 1 ,, 198V <br /> Page .." <br /> to Town Counsel i -the 'relevance 'of the Order under the- Town 7 s Wetland <br /> bylaw. t. mey . very well be that these people should- be put on notice.. .- <br /> that <br /> otice.. .- <br /> t at regardless of-:-the .outcome - o f the � a ud-i cator hearing, it - i the;:::.; <br /> intent, of the. commission to . enforce the Order.. granted- under.. the town <br /> b y I a <br /> o rtbIa <br /> w_ <br /> Mr. Burns asked if he was r n fa her-ed . r.-- osen r said no,-.,, <br /> they' re completely separate, not only the length, but under the town: <br /> bylaw-the commission, has. the right .to made an ord-er which_ is not-.,:,... <br /> -s b, ect to be tli Ppe ' over" bar <br /> Question was raised- if i t was under- the new bylaw and it was noted <br /> this was closed on April ,� 1987. <br /> memo. from Joe Murphy was read re. floats. and. the jurisdiction of the- <br /> commission, <br /> heaco ission, He stated it is- the opinion. of Town Counsel that the <br /> oo m-is.sion. does not have- ,jurisdiction, and i f the. Conservation Agent f _. <br /> and the commission reject the opinion of Town-, o f "and insteat <br /> choose to accept the opinion of an employee of an - agency of the <br /> Commonwealth who may not have the authority to render, such an opinion, <br /> the agent and- the commission may be exposed to personal liability. <br /> Mrs. Jacobson stated she was unable to find any recent opinion by Town <br /> Counsel, <br /> Mr. Rosenberg stated there should be a setting with Town Counsel about <br /> this and the Commission should find out whether or -not.- this,.- is ars!. . <br /> Official. DEQE opinion. and.: whether. or. not this, person -is authorized. to,:. <br /> issue an opinion on. beha I f... of th'e' Executive - Of f Lce- of, Environmental <br /> Af fairs. <br /> Gerald. Epstein �. Order of Conditions for: Dock issued. <br /> Forward Development-;.,. Request- for Determination of Applicability <br /> letter to be sent-= to Atty. Dittani renindin . then that, there is <br /> additional materialto be submitted in connection Frith. the <br /> detervi nation and -the coingaiting.- <br /> There being no farther business to- cone a fore the come i ss i on the ... . <br /> meetingmeetiong was adjourned at 10-: 10 p.a., <br /> Respectfully submitted, <br /> Diana M. Lund <br /> Recordin8 Secretary <br />
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