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i <br /> Conservation Commission <br /> .dune 16, 1988 <br /> Page 2. <br /> Ms Behrman requested a written outline of his opinion and she will con- <br /> vey that to Town Counsel <br /> The Attorney stated, you are holding up pursuing a decision based- on <br /> these legal issues. <br /> Ms Behrian stated it was the presenting agent who Inde ini-te y <br /> continued this. I as not holding it up; you were at liberty, ever <br /> since that hearing., to write to us and outline your case to- e.- <br /> forwarded to Town Counsel. We stated what we saw to be. a percei-ved <br /> Town interest with- which we are closely- involved. <br /> The Attorney stated he- believes, this entre thing goes. outside the <br /> scope of the Convission' - juri diction with respect to thein applic- <br /> ation. <br /> Ms Behrman stated the Commission has jurisdiction as- an-abutter and <br /> the land holding agent on behalf of the Town, as well as the- enforce- <br /> sent <br /> orce-sent authority. <br /> The attorney stated, but you can't expand beyond Chapter 13-1 , <br /> !s Behr-man stated Town Counsel ' s opinion was that we had to be very <br /> sure that actions taken- as an enforcement author i.ty did not abrogate <br /> our rights as a land, holder. <br /> The attorney stated, you cannot amt outside of the scope of Chapter <br /> 131 , sit to effect your rights as ars abutter. If they are contradict <br /> ing rights, it is an inherent conflict of interest in and of itself. <br /> Ms Beh oan agar requested this be' put in writing to be forwarded. to <br /> Town Counsel . <br /> The attorney stated the other issue pertains- to the alle-Sed easement <br /> for right of passage over these lots shown as a cart path. <br /> Ms Behrman stated it is a dirt road. The attorney- stated, whatever it <br /> is, he does not understand what this has to do with. their request for <br /> n Order of Conditions with respect to these lots. <br /> Ms Behroan stated a case was made by several people here that this <br /> could be considered, to the best of her recollection, a publicly <br /> travelled way and concern was expressed that to abandon or relocate a <br /> publicly- travelled way took action on the part of other agencies of <br /> the Town; This should be done prior to coning to the Commission under <br /> State law. <br /> The attorney stated the only way this can be a public way in. the Town <br /> of fiashpee is if it has been accepted as a public, road by the Town of <br /> Mashpee. <br /> Mr. Rosenberg stated, if an ancient way, it does not have to be <br /> accepted or i f the public has ars easement right of way. <br /> c at large has traditionally used that with <br />