11/4/1991 BOARD OF SELECTMEN Minutes

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ti 4 • BOARD OF SELECTMEN Page MINUTES MONDAY, NOVEMBER 41 1991 Popponest Island Bridge Discussion : In a mono dated' 11/20/90 to the Executive Secretary relative to bridge repairs , counsel reports this is a private way and the Town may not expend funds to a private way unless it is in accordance with the provisions of Section 150-5 of our Town bylaw. Poppnsset Island bridge is a private bridge and not open to the public states Counsel . The Town would have to take the bridge in order to obtain state aid suggests counsel . This would be through rights , of ownership or through easement of the- road coming up to the bridge, over the bridge and on the other side of the bridge. The bridge would have t serge as a public way in order for state assistance . The purpose -of public funds asked to be used are for the benefit of a private sector of the Town and i.t cannot be done reports counsel . It .is not lawful for the Town - to expend funds on an emergency basis or any basis for this particular project The problem was 'with the legal and engineering aspect states Mr. Zeier. We didn ' t get to the point of obtaining bids before Town Meeting a-nd were advised ' to hold until the bids were received . The private sector could construct the bridge much cheaper than the Town. ' You wouldn 't have to follow the guidelines as required b state law suggests counsel , He is not sure who owns the roads on the island- since al'l is in land court . There are no funds in our kitty reports Mr. Gordon. We are broke and don.rt know what to d next . He notes the residents other than Peninsula council are not organized. As President of the Popponesset Island Association, Mr . Finn noted this has been an extremely complex legal problem that has been ongoing for 15-20 years . The major issue is who owns what . To resolve the dispute we are in land court to decide who is the rightful owner. The fridge needs help now states Mr. Finn and the issue is what do we do about it now? There have been modifications . The water lime . to the island - ruptured , An eight inch pipe was installed under the bridge by Highwood Nater co. which is now the Mashpee Nater District. In the opinion of engineer Mr , McGinn, this seriously compromised the integrity of the bridge by this placement . Loose sand was placed on the site after the excavation work states Mr. Finn. The storm had alot to ' do with the erosion, but the way it was put back by the utter District has made alterations and has con- tributed to the problem,m, The Water District should be responsible for the negligent wore that was done suggests Mr. Finn. We did not intend to do anything to compromise the structure states Mr. Rich. - We were concerned with the pipes from day one . The work e intended on doing was to enhance the bridge. He noted the excavation was done 3 . 51 deep and the small leak was repaired. This issue is they have no money and we have no money states Mr. Darrington. There is a bylaw .to do temporary repairs to private ways . petition is required by the residents that the condition exists . Mechanisms to fund include a cash deposit or a betterment assessment to the owners who would derive benefit f corn the making of the repairs .