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ELE TMAN 'GARLAND: The document called the greemer t as we know it, <br /> contai-ns a provision the-re -n that the number of <br /> ` Over-the'-sand -.ve i'eles shall he 'limited to six. <br /> Now let us say that the Attorney General rules that <br /> as being illegal. ' I' m not saying he will, I 'm <br /> using that as an illustration. Let us say that <br /> he will only approve that document- if an' v or all - <br /> Ove 1, and v hi c lbs e an he us ed�at anytime during <br /> the d-ay or night, Is that ,what you want? I 'm <br /> trying to point out that this is the type of thing <br /> that we hopefully will not find. <br /> VOTER: We believe that Dick Bendall put out his best <br /> effort. I 'm sure that if there was any questions <br /> lice that Marty Kirsner has simply taken that up. <br /> You are denying them -the research that they did. <br /> CHAIRMAN: No, w.e are not saying that. Counsel if I may. <br /> TOWN COUNSEL: I thinly that the heart of the matter revolve8 around <br /> the fact that under the Constitution of Massachusetts, <br /> Article. 9 , it specifically recites in there that if <br /> any land is taken by the Common-wealth and - tax-payers <br /> monies are expended, which would happen in this. ease, <br /> for conservation purposes, that land must be used <br /> for conservation purposes unless a 2/3 votes by <br /> House and senate says otherwis . The Town is faced <br /> with a situation and the south Cape Beach Committee <br /> was looking at a situation, particularly Mr, Kirsner, <br /> of trying t'o insure that a 2/3 vote would never <br /> occur which 'ould chance the usage of that land,._ <br /> Down the road from now Mr. iii rs ner and his Committee <br /> were trying to insure that the Town wouldn' t be <br /> saddled with some type of say institutional use which <br /> would not he appropriate for the Town. The State <br /> might like to put something life that on. a large <br /> acreage. Therefore, the restriction, were I uilt into <br /> the Agreement, specific restrictions , in case the <br /> State should not use it as they say they are going <br /> to hien the Town has some substantial feet here <br /> to coo in and fight. These are the types of things <br /> that the Attorney General has - to pass upon. Is <br /> it valid for- the Commonwealth to tie itself up in <br /> an eminent domain taking legally. If the Attorney <br /> General say no, then -the Town has got to do some <br /> serious searching as t 'whether or not we want t <br /> give this land to the Commonwealth with no- strings <br /> attached except the 2/3 vote. That really is what <br /> I think is the bi od and guts as 'to what the south <br /> Cape Beach Committee is looking at. Some wags to, <br /> protect the Town to absolutely insure as much as <br /> humanly ossible.t.that the State, not Mr; Kendall. , <br /> Mr. Kendall is a roan of his word and I think that <br /> that Town should rest assured that as long as he <br /> is Commissioner of DEM, nothing will happen. <br /> Realistically in life - things change. If there -S <br /> a different Governor there may he -a different <br /> ommi s s loner. who knows . <br /> -1 - <br />