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26 August 1939 <br /> Page 6. <br /> Mr. Jacobs advised they have not come to him and asked to install this on his <br /> property. Before approving the engineering, it should be checked out by the <br /> engineering department in New seabury to see if they agree with the <br /> calculations.. <br /> Mr. Sherman would welcome a second opinion. Atty. Creeden had no <br /> objection. <br /> Kenneth Champion, an abutter, stated there is an impact on their lard. He <br /> brought in nine photos to show the amount of their land washed away. Some <br /> sand was washed into the Pond. <br /> Mr. Sherman stated any further damage, Mr. Tarabelli will be held <br /> -accountable but the Commission cannot adjudicate the damage to Mr. <br /> Champion's property. Atty. Green stated they stand ready to add more <br /> h ayb ales. <br /> Atty. Creeden stated the easement issue is a major legal issue and he will be <br /> fully prepared, next time, to address it as a standing issue to the abutting <br /> properties. <br /> Mr. Sherman stated he should prepare a legal argument to run before Mr. <br /> Rosenberg and Mr. Conery. <br /> Mr. Wollenhaupt stated they might want to look into placing them in the <br /> road. Mr. Green stated dropped down below grade. <br /> VOTE: Motion made and seconded to continue the hearing at the request of <br /> the applicant to 23 September 1999 at 7:35 p.m. <br /> EARING CONTINUED, <br /> 7:25 MASHPEE CONSERVATION COMMISSION for a Determination of <br /> Applicability on a request for maintenance of cartpaths and trails on <br /> Conservation lands. Diane Boretos gave a description of the work and <br /> advised the footpaths have not been maintained for several years. <br /> Public comment: none. <br /> VOTE: Motion made and seconded to find negative. Unanimous vote. <br /> NEGATIVEDETERMINATION* <br />