1983-VARIETY OF YEARS-RAFFLES AND BAZAARS - BOOK-TAN ALPHABETICAL WOMENS ETC

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-2- i The Planning Board has an obligation to require compliance with Chapter 41 and its ' own Rules and Regulations.- It should require the name of the owner to be disclosed and it also may require proof of the authority of any non owner applicant to apply for approval of any pian. In regard to proof of ownership, a copy of the deed showing the title reference where recorded (Le. book and page) and a copy of the most recent real estate tax bill or a verification of assessment to the owner from the Board of Assessors would be reasonable and satisfactory-ro accomplish.this proof making burden. I believe both of these should be required (i.e. - deed and proof of assessment). In the event of ownership through inheritance or Court Order, a certifying letter to the Planning Board from an attorney licensed to practice in Massachusetts affirming the fact of ownership in the application of generally recognized conveyancing standards in Barnstable County would be adequate. In the event of disputed ownership of land, if the applicant is unable to furnish such ! a certifying letter or if such a`certifying letter is received from each reputed owner _ the Board should decline to act on the application and vote to reject the same. In regard to' of authcrity of a'1"p non-owner applicant;the ?larinin`g Board should t require the filing of a written document creating the agency or assi meat or`otherwise crearin �. . gn g an interest in the land, such as a purchase;and sales Agreement.aif the non owner applicant can not furnish written proof of any agency or assignment of.rights or purchase agreement the Soard should not act on the application and vote.to reject y` the same. x ;, , I would'suggest that the PIanning Board•amend•the Section III definition of "Applicant" by adding thereto the following: "and if the applicant Lis not the'owner, satisfactory written proof of authority to act for'the owner'must'be furnished." I further recommend that Sections IV .A" be amended by adding a new paragraph 3. j as follows: "3. The applicant for approval of any plan must file with the Planning Board proof of the o:wnership of the Iand and, if a non owner applicant, proof in writingo authority to act for the owner. Proof of ownership shall be established by submission of (1) a copy of the recorded deed and (2) the most recent real estate tax bill or a certification of assessment to the owner from the Board of Assessors." The procedure for adopting rules and 'regulations set forth in Chapter 41, Section 81Q should be reviewed_and followed by the Planning Board in the event it elects to amend its regulations. In regard to atclications for a Special Permit to the Planning Board, neither the provisicns � Of Caacter 40A nor : e rules and regulaticns are directly applicable. However, I do :eel that record ownership is essential and the special permit. This position is based upon the fact that Chapter40A,tioner Section r i li requires that upon the grant of a special permit a copy of the decision shall be issued to tae owner and the applicant if other Than the owner" and it shall contain "the name and address of the owner." It also requires that the decision be "recorded in the registry Of deeds.--and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owners certificate of title." � i It is taus clear that the Planning Board, acting as the Special Permit Granting Authority, Must :know the name of :he record owner and his address. I feel that the same reasonable Cequire.ments for proof of ownership should be implemented and that :he applicant should be informed of this obligation to es:ablish proof of ownership.