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11/6/1997 CONSERVATION COMMISSION Minutes
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11/6/1997 CONSERVATION COMMISSION Minutes
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Mashpee_Meeting Documents
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CONSERVATION COMMISSION
Meeting Document Type
Minutes
Meeting Date
11/06/1997
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November 1997 <br /> Page 6. <br /> have on the environment and determine whether it would meet the <br /> Commission's standards. Part of the regular Order of Conditions is that the <br /> Commission does not make any statement of title. <br /> W. Sherman agreed that is true, but another element is that the Commission <br /> has received legal advice that if a permit is issued on a property that belongs <br /> to someone else, the Commission would he sued. <br /> Atty. }gown stated that it does not belong to Mr. Ielorey. Mr. Sherman <br /> stated the Commission cannot adjudicate that. <br /> Mr. Rosenberg stated the situation, re the Land Court, they determine <br /> ownership but they must report that to the Town Treasurer so that the Town <br /> Treasurer, in accordance with whatever the Land Court says, can issue a <br /> certificate to us. By regulation, the Coma-Assion is required to have from <br /> Town Treasurer a certification of ownership on a regular standard form. The <br /> applicant must furnish that as part of the application. if the applicant must <br /> do something, whatever that may be, to get the Town Treasurer to issue such <br /> a certificate, once that happens the natter can be considered. <br /> Atty. Brown asked if the attestation had cone down? Mrs. Lund advised it <br /> came down today for Lot 44. Mr. Rosenberg added the attestation showed <br /> someone else as the owner. <br /> Atty. Brown asked if the Commission would consider this application and hold <br /> it subject to the determination of title by another body? Mr. Rosenberg <br /> stated. he � <br /> thought the only roper thing i to continue the matter until that <br /> g <br /> issue is determined. <br /> Mr. Sherman stated if the hurdle of ownership is overcome, there is stili a <br /> plan that is not engineered and with no water depths. a asked if this plan is <br /> adequate to <br /> judge environmental impacts. 'phis issue will have to be <br /> deternidned at some point. <br /> Atty. Brown asked what the regulations cite that the Commission must do <br /> with the certificate? Mr. Rosenberg stated it is part of the application and the <br /> Commission can only issue to a person who is certified as the owner of the <br /> property, or has filed.a consent of the owner of the property. <br /> Atty. Brown asked if he would cite the authority that this is the case? <br /> Mr. Sherman asked the authority, in terns of hat Atty. Brown stated. <br /> terms of requiring proof of ownership, that either the town assessors sty that <br />
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