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i <br /> i <br /> i <br /> filing of a written notice of intent <br /> under the provisions hereof , upon <br /> receipt of a written request from any <br /> person desiring such determination . <br /> i The Commission, its agent officers and <br /> employees, may enter upon the land upon <br /> j which the proposed work is to be done <br /> in response to a request for a prior <br /> j determination or for the purpose of <br /> carrying out its duties under this <br /> by-law and may make or cause to be made <br /> such examination or survey as deemed <br /> necessary. <br /> i <br /> i Section 4.3.4 The Conservation Commission is empowered <br /> to deny permission for any dredging, <br /> filling or altering of subject lands <br /> within the town if , in its judgement <br /> such denial is necessary to preserve <br /> environmental quality of either or both <br /> the subject lands and contiguous lands. <br /> Due consideration shall be given to <br /> possible effects of the proposal on all <br /> values to be protected under this by-law <br /> and to any demonstrated hardship on <br /> the petitioner by reason of a denial , as <br /> brought forth at the public hearing. <br /> jflection 4.3.5 The commission may, as an alternative to <br /> a denial , impose such conditions as it <br /> deems necessary to contribute to the <br /> protection and preservation of subject <br /> lands in accordance with purposes of this <br /> I, <br /> by-law. Any Order of Conditions issued <br /> under this by-law shall be subject to the <br /> same order issued by the Mashpee <br /> Conservation Commission , under the <br /> provisions of Massachusetts General Laws, <br /> Chapter 131 , Section 40 , as amended. <br /> Section 4.3.6 The sixty-day notice required by the first <br /> 'I paragraph of this by-law shall not apply <br /> to emergency projects necessary far the <br /> j ¢ protection of the health and safety of the <br /> citizens of Mashpee and to be performed by <br /> an administrative agency of the <br /> Commonwealth or by the Town . Emergency <br /> I projects shall mean any projects <br /> certified to be an emergency by the <br /> Commissioner of the Department of Natural <br /> Resources and the Conservation Commission, <br /> if this by-law and Massachusetts General <br /> Laws, Chapter 1.31 , Section 40 , are both <br /> applicable . In no case , shall any filling, <br /> -48- <br /> i <br />