11/30/1989 CONSERVATION COMMISSION Minutes

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Conservation Commission November 30, 1989 Page 4. IALPERf : I have three more points. BEHRMAN: on this specific item' 11 , are there any further points to be raised on this? HALPERN: Yes, BEHRMAN: Okay, go on. HALPERI; If I read this right, this allows any docks to be built in the ACEC within probably half the waterways in the Town of Mashpe . Is that correct? SIMMONS: We are not addressing docks here at all Richard. HALPER : Then let me ask a question, an unattached structure is a dock, an unattached structure which is not necessary for a dwelling to be liveable i s dock. If you are not addressing docks, and you say you are not addressing docks, I would like to see "but does not include docks" written in. SIMMONS: We will take that under advisement, thank you. EHRMA : Any further points under Item 11' (There being none.) Going on to ghat is now numbered as Item 12. There was a minor change under Town Counsel ' s advice. (12) If the final order, determination or notification requires the recording of a plan which (1) shows the location of the work, (2) is prepared by a registered professional engineer or land surveyor and (3) is in recordable fora, no work proposed in the Notice of Intent shall be undertaken until such plans have been recorded in the Registry of Deeds or, if the land affected is registered land, in the registry section of the land court for the district wherein such land lies. COMMENTS: JOHN SLAVINSKY FROM CAPE & ISLAND SURVEYING: I have been before the Commisison several tires over the past years and 90% of the plans submitted here are not in recordable form. My only problem with this is possible ambiguousness; Lot 3 on A Street is fine, you don't need a recordable plan, Lot 4 you need a re- cordable plan and I 'm not quite sure where the break would be in that. To take the plan that is normally submitted to the Commission, turn it into a recordable plan, abiding by the laws and rules and regulations of the Registry of Deeds, is somewhat expensive. SH RMAI : This is strictly codifying in the Mashpee regulations for our local bylaw what has already been passed by amendment to Chapter 131 .40, this is State law, we aresimply adding it to the Mashpee Wetland Bylaw. s p y a p y The Directive from the State was read into the record by the Vice Chairman The fourteenth paragraph of section 40 of Chapter 131 of the General Laws, as appearing in the 1986 official edition, is hereby amended by adding the following sentence: - If the final order, determination or notification requires the recording of a plan which ( 1 ) shores the location of the work, (2) is prepared by a registered professional engineer or land surveyor and (3) is in recordable form, no work proposed in the notice of intention shall be undertaken until such plan has been recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry section of the lard court for the district wherein such lard lies. ( douse of Representatives, dune 28, 1989 - Senate, June 28, 1989, Approved by the Governor, July 11 , 1989) . SLAV I S Y: Well , that' s ghat I understand. Basically, what you' re asking for is a plan that shows the location of the work.