05/13/1974 Annual Town Meeting - Laserfiche WebLink

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ti 77 I or any other legal entity or its legal representatives, agents or assigns. . Tne Commission may take a determination as to whether or not this by-law applies to a specific situation prior to the filing of a written notice of intent under the provisions here- of, upon receipt of a written request from any person desiring The Commission its agent, officers and such determination. , , o em to eesi may enter upon the land upon which the proposed work is,to be done in response to a request for a prior deter- mination or for the purpose of carrying out its duties under this by-law and may make or cause to be made such exami- nation or survey as deemed necessary. 4. The Conservation Comniission is empowered to deny permission for any dredging, filling, or altering of subject lands within the town, if, in its judgement such denial is necessary to preserve environmental quality of either or both the subject lands and contiguous lands. Due consideration shall be given to possible erects of the proposal on all values to be protected under this by-law and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. 5. The Commission may, as an alternative to a denial, im'" pose such conditions as it deems necessary to contribute to the protection and preservation of subject lands in accord- ance with purposes of this by-law. Any order of Conditions issued under this by-law shall be subject to the same con- straints and be identical to any such order issued by the Mashpee Conservation Commission under the provisions of Massachusetts General Laws, Chapter 131, Section 40. 6. The sixty day notice required by the first paragraph of this by-law shall not apply to emergency projects neces� nary for the protection of the health and safety of the citi- zens of Mashpee and to be performed by an administrative agency of the Commonwealth or by the Town. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Natural Resources and the Conservation Commission, if this by--law and Massa- chusetts General Laws, Chapter 131, Section 40, are both ap- plicable, or by the Conservation Commission if only this by- law applicable. In no case, shall any filling, dredging. or al- tering commence prior to any emergency certification nor `s a te' d beyond the time necessary to abate the emergency. Submitted by Conservation Commission of Mashpee, Action: Moved and seconded that Article 4 be accepted as wr Men, So A 3` I