9/8/1982 CONSERVATION COMMISSION Minutes

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Conservation omr issio n _ r mi 2�, te - of September8', 1 .� - . l nn eeti cont# Attorney George Lebhertz, rear es ntzng Mr. do Mrs. Flynn, replied that a deed re- c:elVed from the Stable Trust datin ack to 1977 which was. recorded in gook 2603, page 313. He el .Ined that the Flynn 's-thought that -they. were obtairling the property th:a.t. ra. to the water and that they are paying taxes -on ,15, 1 s oar feet. e said that i the property were t e measu edv you would. come u with �. , � .rfeetof . 1and. He-, continued to say that nowhere in, any title reference do you e lot 14 and he contended that lot 44 was brought forth- Eby the town.• 'A e stated that an old rule which you would go 'y is that you-gain by accretion and lose by erosion.. He r n-= t i on ed that, he was also representing• butt rs to the F lyn 's pA.roperty, f4r. i'r �l jis relle. He stied if- the to ri could show hi .that any o;qners ever owned that 4Diec of property in 1 4 u sti n, as owner�s unknown means that somebody y ;gust o ��ad the fro�erty; Mrs. Flynn commented that when. -she was buyLng the -property in that a.r ea., she was consi- dering o si- erin the 1n.nd that the Misurelle's now own, as there were Four lots for sale. she ment ned that sheas-ked who Weed the land in front -of t "e ?4i ure-I'.e roi?erty and was told that Amelia. filler o,,ined the marsh on. the corner lot. She co amented that she pur- chased and 503 From Stable Trust and that the land F a Yie er di-vi ed. r tto'r ey George Lebhertz commented h t the two -lots th .t MirS. Flynn pur hased were lots 42 and 42A and that if ;you add the two- together, you should come up with 15 o OOO- sq a.re Feet of land. • • _attorney e-i.r on commented that the real question was how the assessing map came t .ti show -ja,rce,1 44. i Ears. ply -c ted tea.t not .f l the assessor m showed that parcel; ,bust the 1974 ..nd 1975 ma.Ds showed it. Attorney Lebhertz. started that ihIs opinion was that the assessorse a-?.- ted the marsh land as being a. lot, and that he did not think they would find in the records a, lot 44 as such. ?"} t r *r? �". ,, ��'.E '� l o'' r r. h')w the -B r� i r��:e s + �.� � ��"cam,. e the ria. r-I.s a lot - d won rec i`` it Tire re y virtue Of what `Ir, �:� ry e mer::?in d, w en ne prepared it --'o the .own. H e c o m mented that he would ]. 1 quire w?tr: Bob EIdrCage who oo over O r'y s }- s to check -i n" old records. .fit k ,!_i1 4 1 �.+I.: .7 ✓ � 53x�J he C r e f 1.+ *f l wi V -L '!`�-v ::S' ''44 �: a i h �om between rr +r a a 4 ' ] r �`, k. ?i"� marI }• t i�.7 iA t' Y� E el-2-�� "i as �k��'1 � #' -le said ��C� ,�1- s� � t1he town would e hard-pressed to f ind that there ..f ere any other oil ers, w .r "c l' Lrd o c,. ' i, ? there ;:� r-t thin to .-n ic?to a It :. �' a u r ?,ne r'e'p ery n t?o , etc,, sc as not 't ave --`. e l „nC� a,��l ��, �ed9 ttornev Lebhertz ,stated that he did a run down on the. pro erty an There was o th'�ng tc :d c ..t anything ! ror t o F. �t re: t r* e so s a.ted ._at y +� were the case, f couldn't't u d r tf nd ? the town wou� , when t,--' e it r t e rt r stated ted that the deeds .f erring to the plan do not say one w�Jy or the other- and it does not say to i lot 14 which you would think it would scay , in fact, there was a lot 44 in enc-is tencer He felt that lot .44 only cores up through the assessor's off ice.